Texas 2021 - 87th Regular

Texas House Bill HB793 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R4505 MCF-D
2	2	By: Pacheco H.B. No. 793
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to drug-free zones under the Texas Controlled Substances
8	8	Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 481.134(b), (c), (d), (e), and (f),
11	11	Health and Safety Code, are amended to read as follows:
12	12	(b) An offense otherwise punishable as a state jail felony
13	13	under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
14	14	punishable as a felony of the third degree, and an offense otherwise
15	15	punishable as a felony of the second degree under any of those
16	16	sections is punishable as a felony of the first degree, if it is
17	17	shown at the punishment phase of the trial of the offense that the
18	18	offense was committed:
19	19	(1) in, on, or within 2,000 [1,000] feet of premises
20	20	owned, rented, or leased by an institution of higher learning, the
21	21	premises of a public or private youth center, or a playground; or
22	22	(2) in, on, or within 300 feet of the premises of a
23	23	public swimming pool or video arcade facility.
24	24	(c) The minimum term of confinement or imprisonment for an
25	25	offense otherwise punishable under Section 481.112(c), (d), (e), or
26	26	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
27	27	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
28	28	or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
29	29	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
30	30	(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five
31	31	years and the maximum fine for the offense is doubled if it is shown
32	32	on the trial of the offense that the offense was committed:
33	33	(1) in, on, or within 2,000 [1,000] feet of the
34	34	premises of a school, the premises of a public or private youth
35	35	center, or a playground; or
36	36	(2) on a school bus.
37	37	(d) An offense otherwise punishable under Section
38	38	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
39	39	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or
40	40	481.121(b)(3) is a felony of the third degree if it is shown on the
41	41	trial of the offense that the offense was committed:
42	42	(1) in, on, or within 2,000 [1,000] feet of any real
43	43	property that is owned, rented, or leased to a school or school
44	44	board, the premises of a public or private youth center, or a
45	45	playground; or
46	46	(2) on a school bus.
47	47	(e) An offense otherwise punishable under Section
48	48	481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
49	49	jail felony if it is shown on the trial of the offense that the
50	50	offense was committed:
51	51	(1) in, on, or within 2,000 [1,000] feet of any real
52	52	property that is owned, rented, or leased to a school or school
53	53	board, the premises of a public or private youth center, or a
54	54	playground; or
55	55	(2) on a school bus.
56	56	(f) An offense otherwise punishable under Section
57	57	481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
58	58	A misdemeanor if it is shown on the trial of the offense that the
59	59	offense was committed:
60	60	(1) in, on, or within 2,000 [1,000] feet of any real
61	61	property that is owned, rented, or leased to a school or school
62	62	board, the premises of a public or private youth center, or a
63	63	playground; or
64	64	(2) on a school bus.
65	65	SECTION 2. The change in law made by this Act applies only
66	66	to an offense committed on or after the effective date of this Act.
67	67	An offense committed before the effective date of this Act is
68	68	governed by the law in effect on the date the offense was committed,
69	69	and the former law is continued in effect for that purpose. For
70	70	purposes of this section, an offense was committed before the
71	71	effective date of this Act if any element of the offense occurred
72	72	before that date.
73	73	SECTION 3. This Act takes effect September 1, 2021.