Class B  Penal Code 30.05

A person commits an offense if he enters or remains on property of another without effective consent or he enters or remains in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

Entry means the intrusion of the entire body.  Notice means

(a) oral or written communication by the owner or someone with apparent authority to act for the owner;

(b) fencing or other enclosure obviously designed to exclude intruders;  

(c) sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.

The offense is a Class B misdemeanor. The offense becomes a Class A misdemeanor if the actor carries a deadly weapon on or about his person during the commission of the offense.


“We Make Things Happen”

Office (817) 572-1082  Fax  (817) 572-7736

* Typically, this offense is set up when a person, including parents and outside visitors, has done something to fit a Class C or B misdemeanor and an incident report is written up but nothing else. You may request the school’s uniformed officer to write a Trespass Warning which informs your unwelcome visitor that he is now on notice to never return. The offense becomes a Trespass upon every subsequent visit.

30.06  Trespass by Holder of License to carry Concealed Handgun:  if the actor is a [gun] license holder with a concealed handgun it becomes a Class A misdemeanor only if the actor had notice that entry on the property by a license holder with a concealed handgun was forbidden.

* This is one of the reasons why you have posted signs that weapons are prohibited on school property