H.B. No. 3553
AN ACT
relating to increasing the criminal penalty for certain offenses if
committed at certain locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.502 to read as follows:
Sec. 12.502. PENALTY IF OFFENSE COMMITTED ON PREMISES OF
POSTSECONDARY EDUCATIONAL INSTITUTION. (a) In this section:
(1) "Postsecondary educational institution" means:
(A) an institution of higher education or a
private or independent institution of higher education as defined
by Section 61.003, Education Code; or
(B) a career school or college as defined by
Section 132.001, Education Code.
(2) "Premises" means real property and all buildings
and appurtenances pertaining to the real property.
(b) Except as provided by Subsection (c), if it is shown on
the trial of an offense under Section 21.07, 21.08, 21.15, or 21.17
that the offense was committed in a location that was on the
premises of a postsecondary educational institution, the category
of punishment for the offense is increased to a higher category of
offense as follows:
(1) a Class C misdemeanor is increased to a Class B
misdemeanor;
(2) a Class B misdemeanor is increased to a Class A
misdemeanor;
(3) a Class A misdemeanor is increased to a state jail
felony; and
(4) a state jail felony is increased to a felony of the
third degree.
(c) For an offense otherwise punishable under Subsection
(b), if it is shown on the trial of the offense that the person has
been previously convicted twice of an offense under Section 21.07,
21.08, 21.15, or 21.17 for which the punishment was increased under
Subsection (b), the category of punishment for the offense is
increased to a higher category of offense as follows:
(1) a Class C misdemeanor is increased to a Class A
misdemeanor;
(2) a Class B misdemeanor is increased to a state jail
felony;
(3) a Class A misdemeanor is increased to a felony of
the third degree; and
(4) a state jail felony is increased to a felony of the
second degree.
(d) If the punishment scheme for an offense under Section
21.07, 21.08, 21.15, or 21.17 contains a specific enhancement
provision increasing punishment to a higher minimum term of
punishment than the minimum term required by the applicable higher
category of offense prescribed by Subsection (b) or (c), the
specific enhancement provision controls over this section.
(e) A previous conviction may be used for purposes of
enhancement under this section or under another provision of
Subchapter D, Chapter 12, but not under both this section and the
other provision.
SECTION 2. Section 20A.02(b-1), Penal Code, is amended to
read as follows:
(b-1) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 25 years if it is shown on the trial of the offense that
the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the
premises of:
(A) a school; or
(B) an institution of higher education or private
or independent institution of higher education, as defined by
Section 61.003, Education Code; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 3. 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 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3553 was passed by the House on May 4,
2023, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3553 on May 25, 2023, by the following vote: Yeas 141, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3553 was passed by the Senate, with
amendments, on May 18, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor