87R4505 MCF-D
By: Pacheco H.B. No. 793
A BILL TO BE ENTITLED
AN ACT
relating to drug-free zones under the Texas Controlled Substances
Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.134(b), (c), (d), (e), and (f),
Health and Safety Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is
punishable as a felony of the third degree, and an offense otherwise
punishable as a felony of the second degree under any of those
sections is punishable as a felony of the first degree, if it is
shown at the punishment phase of the trial of the offense that the
offense was committed:
(1) in, on, or within 2,000 [1,000] feet of premises
owned, rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6),
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 2,000 [1,000] feet of the
premises of a school, the premises of 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), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 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 2,000 [1,000] feet of any real
property that is owned, rented, or leased to a school or school
board, 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 2,000 [1,000] feet of any real
property that is owned, rented, or leased to a school or school
board, 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 2,000 [1,000] feet of any real
property that is owned, rented, or leased to a school or school
board, 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
governed by the law in effect on the date 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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2021.