| 6 | 4 | | AN ACT |
|---|
| 7 | 5 | | relating to the punishment of certain controlled substance offenses |
|---|
| 8 | 6 | | committed in a drug-free zone. |
|---|
| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 8 | | SECTION 1. Sections 481.134(b), (c), and (d), Health and |
|---|
| 11 | 9 | | Safety Code, are amended to read as follows: |
|---|
| 12 | 10 | | (b) An offense otherwise punishable as a state jail felony |
|---|
| 13 | 11 | | under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is |
|---|
| 14 | 12 | | punishable as a felony of the third degree, and an offense otherwise |
|---|
| 15 | 13 | | punishable as a felony of the second degree under any of those |
|---|
| 16 | 14 | | sections is punishable as a felony of the first degree, if it is |
|---|
| 17 | 15 | | shown at the punishment phase of the trial of the offense that the |
|---|
| 18 | 16 | | offense was committed: |
|---|
| 19 | 17 | | (1) in, on, or within 1,000 feet of premises owned, |
|---|
| 20 | 18 | | rented, or leased by an institution of higher learning, the |
|---|
| 21 | 19 | | premises of a public or private youth center, or a playground; or |
|---|
| 22 | 20 | | (2) in, on, or within 300 feet of the premises of a |
|---|
| 23 | 21 | | public swimming pool or video arcade facility. |
|---|
| 24 | 22 | | (c) The minimum term of confinement or imprisonment for an |
|---|
| 25 | 23 | | offense otherwise punishable under Section 481.112(c), (d), (e), or |
|---|
| 26 | 24 | | (f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
|---|
| 27 | 25 | | 481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), |
|---|
| 28 | 26 | | or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), |
|---|
| 29 | 27 | | 481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), |
|---|
| 30 | 28 | | (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five |
|---|
| 31 | 29 | | years and the maximum fine for the offense is doubled if it is shown |
|---|
| 32 | 30 | | on the trial of the offense that the offense was committed: |
|---|
| 33 | 31 | | (1) in, on, or within 1,000 feet of the premises of a |
|---|
| 34 | 32 | | school, the premises of a public or private youth center, or a |
|---|
| 35 | 33 | | playground; or |
|---|
| 36 | 34 | | (2) on a school bus. |
|---|
| 37 | 35 | | (d) An offense otherwise punishable under Section |
|---|
| 38 | 36 | | 481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
|---|
| 39 | 37 | | 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
|---|
| 40 | 38 | | 481.121(b)(3) is a felony of the third degree if it is shown on the |
|---|
| 41 | 39 | | trial of the offense that the offense was committed: |
|---|
| 42 | 40 | | (1) in, on, or within 1,000 feet of any real property |
|---|
| 43 | 41 | | that is owned, rented, or leased to a school or school board, the |
|---|
| 44 | 42 | | premises of a public or private youth center, or a playground; or |
|---|
| 45 | 43 | | (2) on a school bus. |
|---|
| 46 | 44 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 47 | 45 | | to an offense committed on or after the effective date of this Act. |
|---|
| 48 | 46 | | An offense committed before the effective date of this Act is |
|---|
| 49 | 47 | | governed by the law in effect on the date the offense was committed, |
|---|
| 50 | 48 | | and the former law is continued in effect for that purpose. For |
|---|
| 51 | 49 | | purposes of this section, an offense was committed before the |
|---|
| 52 | 50 | | effective date of this Act if any element of the offense occurred |
|---|
| 53 | 51 | | before that date. |
|---|
| 54 | 52 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|