The Harts Bluff Independent School District (HBISD) and the HBISD Police Department’s (HBISDPD) priority is the safety of students, staff, and visitors. To provide a safe environment conducive to learning, the District permits only visitors with an authorized, lawful purpose to visit district premises. Texas law provides the District with several grounds for excluding a person from school property, including: (1) arrest by a peace officer for criminal violations occurring on campus; (2) criminal trespass pursuant to Texas Education Code § 37.107; (3) violation of a notice of trespass pursuant to Texas Penal Code § 30.05; and (4) refusal of entry or ejection pursuant to Texas Education Code § 37.105. Individuals who come onto campus without an authorized purpose or engage in unlawful conduct are subject to arrest even without receiving a warning that they must leave the premises.

In addition, Texas Education Code § 37.105 includes a process authorizing school district personnel to eject or deny entry to a visitor who presents a substantial risk of harm or behaves in a manner inappropriate for the school setting. This Criminal Trespass Warning (CTW) Guide & FAQ is intended to inform parents and community members about HBISD’s process for issuing CTWs with respect to Texas Penal Code § 30.05 and Texas Education Code § 37.105. When an individual is ejected or refused entry under § 37.105, the Harts Bluff ISD Police Department (HBISDPD) will provide a written CTW to the individual to document the order. Refusal to comply with an order under § 37.105 or a CTW constitutes criminal trespass and will result in arrest. Please note that although HBISDPD intends to provide a written CTW in cases of ejection from campus or refusal of entry, a CTW provided in written or oral form may legally serve as the basis for an arrest for criminal trespass. Please also note that § 37.105 is not intended to limit a peace officer’s authority under state law to eject or restrict entry to district premises.

A Criminal Trespass Warning (CTW) is a notice issued by a peace officer, such as an HBISD Police Department (HBISDPD) officer, informing an individual that they are not permitted to enter or remain on District property. A CTW may be issued verbally or in writing and constitutes legally sufficient notice under Texas law.

A CTW is not itself an arrest or criminal charge. However, refusing to comply with a CTW is a criminal offense under Texas Penal Code § 30.05 and may result in immediate arrest. HBISDPD officers issue CTWs to individuals who are not permitted to enter or remain on District premises, including those whom school officials have ordered to leave or refused entry under Texas Education Code § 37.107. A CTW may also be issued to individuals who enter District premises without authorization.

Harts Bluff ISD Police Department officers issue CTWs.

Under some circumstances, before a Criminal Trespass Warning (CTW) is issued, the District and the Harts Bluff ISD Police Department (HBISDPD) will be required to follow the procedures established by law and Board Policy GKA (LOCAL). Under Texas Education Code § 37.105, a person may be refused entry to or ejected from District property if:

• The individual poses a substantial risk of harm to any person; or

• The individual engages in behavior that is inappropriate for a school setting and, after receiving a verbal warning, continues the behavior.

At the time the individual is refused entry to or ejected from District premises, the individual will be provided with written information explaining the appeal process. The term of a person’s refusal of entry to or ejection from school district property under this section may not exceed two years.

If a parent or guardian of a child enrolled in the District is refused entry to District property, the District shall accommodate the parent or guardian to ensure that they may participate in the child’s admission, review, and dismissal committee or the child’s team established under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), in accordance with federal law.

The Harts Bluff ISD Police Department (HBISDPD) serves as the Superintendent’s designee to handle trespass, refusal-of-entry, and ejection matters under Texas Education Code § 37.105.

Step 1 — Verbal Warning (When Required by Law)

If a visitor engages in behavior that is inappropriate for a school setting but does not present an immediate threat, District personnel or an HBISD Police Department (HBISDPD) officer will issue a clear verbal warning. The person will be informed that the behavior is inappropriate and may result in ejection from and refusal of reentry to District property if the behavior continues. The District records each verbal warning, including the individual’s name and the date the warning was issued.

Step 2 — Refusal of Entry or Ejection

If the individual poses a substantial risk of harm to others or continues the inappropriate behavior after receiving a warning, the individual will be ordered to leave District property immediately. This order may be issued by District personnel or law enforcement. Refusal to comply with the order is a criminal offense under Texas law and will result in arrest.

Step 3 — Criminal Trespass Warning Issuance

To document and enforce the refusal of entry or ejection, HBISDPD may issue a Criminal Trespass Warning (CTW), either verbally or in writing.

Step 4 — Written Notice and Appeal Information

When a CTW is issued, the individual will be provided with written information explaining the restrictions and the right to appeal. The applicable appeal process may depend on the basis and type of CTW issued.

Step 5 — Recordkeeping

The District documents all CTWs, verbal warnings, and refusals of entry based on Texas Education Code § 37.105. These records provide accountability and help ensure compliance with state law and Board policy.

Step 6 — Appeal Process

Any person who has been issued a CTW by HBISDPD or received an order to leave District premises and not return may request a review of the CTW or order through the District’s appeal process. For additional information, please refer to Board Policies GKA (LOCAL), FNG (LOCAL), and GF (LOCAL).

Step 7 — Enforcement After a CTW

Returning to District property while subject to a CTW may result in arrest for criminal trespass under Texas Penal Code § 30.05.

Yes. A clear verbal order to leave issued by a police officer or authorized HBISD representative constitutes legally sufficient notice under Texas Penal Code § 30.05. If the person refuses to comply, a peace officer may take the person into custody for criminal trespass. A written Criminal Trespass Warning (CTW) is typically issued afterward to document the prohibition.

Yes. The law authorizes designated District personnel, consistent with Texas Education Code § 37.105 and local policy, to refuse entry to or eject individuals from District property when applicable safety or disruption thresholds are met. This administrative action is separate from a Criminal Trespass Warning (CTW). The Harts Bluff ISD Police Department (HBISDPD) may issue a CTW to document the order and may treat a person’s unauthorized return after such an order as criminal trespass under Texas Penal Code § 30.05.

Unless withdrawn or otherwise modified, a Criminal Trespass Warning (CTW) shall remain effective for one year from the date it is issued. The term of a person’s refusal of entry to or ejection from Harts Bluff ISD property under Texas Education Code § 37.105 may not exceed two years.

Any person who has received a Criminal Trespass Warning (CTW) from the Harts Bluff ISD Police Department may request that the Superintendent or designee withdraw or modify the warning if the person believes it is unnecessary or unwarranted. The person must follow this process:

1. Submit a written request to the Superintendent or designee asking that the CTW be withdrawn or modified. The request must explain the reasons for the requested action and include copies of any supporting documentation.

2. Provide current contact information, including a mailing address and telephone number.

3. If requested, be available for a telephone interview with the Superintendent or designee or an HBISD Police Department officer.

4. The Superintendent or designee will review the request and other available information and provide a written decision within ten days.

If the person does not receive the requested relief from the Superintendent or designee, or if the deadline for a response has passed, the person may appeal the decision to the Board. A written notice of appeal must be filed with the Superintendent’s office within ten days of the earlier of:

• The date the person actually receives the written decision;

• The date the written decision is delivered by mail to the person’s address; or

• If no response is issued, the deadline by which the decision was required.

A person appealing through the District’s grievance process shall be permitted to address the Board in person within 90 calendar days after filing the initial complaint unless the complaint is resolved before the Board considers it. See Board Policies FNG and GF.

If criminal charges are brought against a person for violating a CTW, the criminal matter may be handled by a court of law outside the District’s appeal process.

If a parent or guardian of a child enrolled in a school district is refused entry to the District's property, the District shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in accordance with federal law. You may be refused entry in other circumstances.

HBISD Policy Manual (TASB): HBISD Policy

CRIMINAL TRESPASS WARNING APPEAL FORM