81R8891 GCB-D
By: Rodriguez, Leibowitz H.B. No. 2466
A BILL TO BE ENTITLED
AN ACT
relating to including playgrounds in the designation of certain
places as drug-free zones for purposes of the criminal penalties
that apply to certain drug-related offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.134(c), (d), (e), and (f), Health
and Safety Code, are amended to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e),
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
481.121(b)(4), (5), or (6) is increased by five years and the
maximum fine for the offense is doubled if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of [or] a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if
it is shown on the trial of the offense that the offense was
committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, [or]
the premises of a public or private youth center, or a playground;
or
(2) on a school bus.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
jail felony if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, [or]
the premises of a public or private youth center, or a playground;
or
(2) on a school bus.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
A misdemeanor if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, [or]
the premises of a public or private youth center, or a playground;
or
(2) on a school bus.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 3. This Act takes effect September 1, 2009.