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A BILL TO BE ENTITLED
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AN ACT
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relating to drug-free zones under the Texas Controlled Substances |
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Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.134(b), (c), (d), (e), and (f), |
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Health and Safety Code, are amended to read as follows: |
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(b) An offense otherwise punishable as a state jail felony |
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under Section 481.112, 481.1121, 481.113, 481.114, or 481.120 is |
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punishable as a felony of the third degree, and an offense otherwise |
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punishable as a felony of the second degree under any of those |
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sections is punishable as a felony of the first degree, if it is |
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shown at the punishment phase of the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 2,000 [1,000] feet of premises |
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owned, rented, or leased by an institution of higher learning, the |
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premises of a public or private youth center, or a playground; or |
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(2) in, on, or within 300 feet of the premises of a |
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public swimming pool or video arcade facility. |
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(c) The minimum term of confinement or imprisonment for an |
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offense otherwise punishable under Section 481.112(c), (d), (e), or |
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(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e), |
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481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4), |
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or (5), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), |
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481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), |
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(5), or (6), or 481.121(b)(4), (5), or (6) is increased by five |
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years and the maximum fine for the offense is doubled if it is shown |
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on the trial of the offense that the offense was committed: |
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(1) in, on, or within 2,000 [1,000] feet of the |
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premises of a school, the premises of a public or private youth |
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center, or a playground; or |
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(2) on a school bus. |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
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481.121(b)(3) is a felony of the third degree if it is shown on the |
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trial of the offense that the offense was committed: |
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(1) in, on, or within 2,000 [1,000] feet of any real |
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property that is owned, rented, or leased to a school or school |
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board, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(e) An offense otherwise punishable under Section |
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481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state |
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jail felony if it is shown on the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 2,000 [1,000] feet of any real |
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property that is owned, rented, or leased to a school or school |
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board, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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(f) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class |
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A misdemeanor if it is shown on the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 2,000 [1,000] feet of any real |
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property that is owned, rented, or leased to a school or school |
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board, the premises of a public or private youth center, or a |
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playground; or |
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(2) on a school bus. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |