Texas 2009 - 81st Regular

Texas House Bill HB2466 Compare Versions

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11 81R8891 GCB-D
22 By: Rodriguez, Leibowitz H.B. No. 2466
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to including playgrounds in the designation of certain
88 places as drug-free zones for purposes of the criminal penalties
99 that apply to certain drug-related offenses.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Sections 481.134(c), (d), (e), and (f), Health
1212 and Safety Code, are amended to read as follows:
1313 (c) The minimum term of confinement or imprisonment for an
1414 offense otherwise punishable under Section 481.112(c), (d), (e), or
1515 (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
1616 481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e),
1717 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
1818 481.121(b)(4), (5), or (6) is increased by five years and the
1919 maximum fine for the offense is doubled if it is shown on the trial
2020 of the offense that the offense was committed:
2121 (1) in, on, or within 1,000 feet of the premises of a
2222 school, the premises of [or] a public or private youth center, or a
2323 playground; or
2424 (2) on a school bus.
2525 (d) An offense otherwise punishable under Section
2626 481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
2727 481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if
2828 it is shown on the trial of the offense that the offense was
2929 committed:
3030 (1) in, on, or within 1,000 feet of any real property
3131 that is owned, rented, or leased to a school or school board, [or]
3232 the premises of a public or private youth center, or a playground;
3333 or
3434 (2) on a school bus.
3535 (e) An offense otherwise punishable under Section
3636 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
3737 jail felony if it is shown on the trial of the offense that the
3838 offense was committed:
3939 (1) in, on, or within 1,000 feet of any real property
4040 that is owned, rented, or leased to a school or school board, [or]
4141 the premises of a public or private youth center, or a playground;
4242 or
4343 (2) on a school bus.
4444 (f) An offense otherwise punishable under Section
4545 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
4646 A misdemeanor if it is shown on the trial of the offense that the
4747 offense was committed:
4848 (1) in, on, or within 1,000 feet of any real property
4949 that is owned, rented, or leased to a school or school board, [or]
5050 the premises of a public or private youth center, or a playground;
5151 or
5252 (2) on a school bus.
5353 SECTION 2. The change in law made by this Act applies only
5454 to an offense committed on or after the effective date of this Act.
5555 An offense committed before the effective date of this Act is
5656 covered by the law in effect when the offense was committed, and the
5757 former law is continued in effect for that purpose. For purposes of
5858 this section, an offense was committed before the effective date of
5959 this Act if any element of the offense was committed before that
6060 date.
6161 SECTION 3. This Act takes effect September 1, 2009.