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HB 308

Relating to creating the criminal offense of trespass on or near school or day-care center property.

89th Legislature, 2nd Called Session (2025) Introduced by Jeff Barry and 18 co-sponsors

HB 308 creates a new Texas criminal offense for unauthorized trespassing on or near school and day-care property with potential penalties for violations.

Filed
#crimes--miscellaneous(i0200) #daycare(i0209) #education--primary&secondary--facilities(i0241) #trespass(s0549)
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Bill Summary · HB 308

Legislative bill overview

HB 308 creates a new criminal offense for trespassing on or near school or day-care center property in Texas. The bill establishes legal penalties for unauthorized presence in these designated areas, expanding criminal trespass statutes beyond existing general trespass laws.

Why is this important

Schools and day-care centers house vulnerable populations, making security a significant policy concern for parents and administrators. This legislation attempts to provide clearer legal tools for law enforcement to restrict access to educational facilities, potentially strengthening campus security measures and prosecutorial options.

Potential points of contention

  • Definition scope: The phrase "or near" school property is vague and could criminalize presence on adjacent public property, raising concerns about overreach and encroachment on public rights
  • Enforcement disparities: New criminal statutes risk unequal enforcement based on demographics, potentially affecting students, neighbors, or homeless individuals disproportionately
  • Privacy and due process: Questions about what constitutes "authorized" presence, who determines authorization, and whether the law adequately distinguishes between malicious trespass and innocent proximity
  • Overlap with existing law: Texas already has trespass statutes; unclear whether this creates redundancy or addresses a genuine gap in current criminal code

Compiled from official sources — confirm details with the bill’s official record.

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