We are having a lot of trouble with prostitution in Laredo. One of the cops is asking whether we can arrest them for criminal trespass for hanging out in a bus bench that is owned by the City. Has anyone ever heard of this? Any help will be appreciated.

I don't have the answer, but am willing to share some thoughts from when I was asked about whether the trespass law applies in state parks.

I found plenty of trespass cases involving public property, but they typically involve non-students on school campuses, or entry into an area during hours when the area is closed to the public.

Two Ct. App. trespass cases worth looking at:
Otwell v. State, 850 s.w.2d 815 (non-invited person enters portion of park leased for private function).
Anthony v. State, 209 S.W. 3d 296: (City policy allowing police to ban individuals from city park constitutionally infirm; judgment of acquittal entered.)

You can criminally trespass someone off of city property, but per the Anthony case you have to give them a right to appeal. This stems from due process. We set up an appeal procedure with our red light camera judge, and everyone that is CT'd from our day labor center is given a slip informing them of their right to appeal. A few actually take advantage of it and appear at the hearing. The officer or employee that issued the warning explains why they did so, the subject states their case, and the judge either upholds or rescinds the ban. It has worked out well so far.

Back in the last century when we at HPD were known by Texas Monthly as The Wild Bunch, we arrested the hookers who hung out around Annie's Coffee Shop at 1600 Congress for Hitchhiking or Impeding A Sidewalk.