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HB 353

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

89th Legislature (2025) Introduced by Brent Hagenbuch and 1 co-sponsor

Texas bill creating new criminal trespass offense for unauthorized presence on/near school and day-care property vetoed by Governor after legislative passage.

Vetoed by the Governor
#crimes--miscellaneous(i0200) #daycare(i0209) #education--primary&secondary--facilities(i0241) #trespass(s0549)
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WeVote Research Nonpartisan
Bill Summary · HB 353

Legislative bill overview

HB 353 would create a new criminal offense for trespassing on or near school or day-care center property in Texas. The bill establishes enhanced penalties for unauthorized presence in these protected zones, extending criminal liability beyond traditional trespass laws to cover areas adjacent to educational and childcare facilities.

Why is this important

School and childcare facility security is a significant policy concern following various incidents of violence and disruption at educational institutions. This bill addresses safety by creating specific legal tools to exclude unwanted individuals from sensitive locations where children gather, though it also raises questions about how broadly "near" property is defined and enforcement implications.

Potential points of contention

  • Definition ambiguity: The term "near" school or day-care property lacks precise boundaries, potentially creating enforcement inconsistency and legal challenges about what constitutes prohibited proximity
  • Civil liberties concerns: Enhanced trespass laws could affect homeless individuals, protesters, or others lawfully in public spaces adjacent to schools, raising questions about proportionate enforcement
  • Veto reasoning unexplained: The Governor's veto suggests concerns about the bill's scope or implementation, though the specific objections aren't detailed in the legislative record, leaving unclear what issues prompted rejection

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

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