89R3287 MEW-D     By: Patterson H.B. No. 353       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offense of trespass on or near   school or day-care center property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 30, Penal Code, is amended by adding   Section 30.055 to read as follows:          Sec. 30.055.  TRESPASS ON OR NEAR SCHOOL OR DAY-CARE CENTER   PROPERTY.  (a)  In this section:                (1)  "Day-care center" has the meaning assigned by   Section 42.002, Human Resources Code.                (2)  "Public property" includes a street, highway,   alley, public park, or sidewalk.                (3)  "School" means a private or public elementary or   secondary school.                (4)  "School or day-care center property" means:                       (A)  all land and buildings owned or leased by a   school or day-care center; and                      (B)  any grounds or buildings on which an activity   sponsored by the school or day-care center is being conducted.          (b)  A person commits an offense if the person:                (1)  enters or remains on:                       (A)  school or day-care center property; or                      (B)  public property located within 250 feet of   school or day-care center property;                (2)  either:                      (A)  poses a substantial risk of harm to any   person; or                      (B)  on more than one occasion and pursuant to the   same scheme or course of conduct, behaves in a manner that is   inappropriate for a school or day-care center setting; and                (3)  receives a request to depart by an administrator,   educator, or security personnel officer employed by the school or   day-care center and fails to depart.          (c)  An offense under this section is a Class A misdemeanor.           (d)  If conduct constituting an offense under this section   also constitutes an offense under another section of this code, the   actor may be prosecuted under either section or both sections.          SECTION 2.  This Act takes effect September 1, 2025.