By: Hunter, Todd H.B. No. 1142
73R4780 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of penalties for the delivery,
1-3 manufacture, or possession with the intent to deliver or
1-4 manufacture certain controlled or miscellaneous substances or the
1-5 delivery or possession of marihuana in a drug-free school zone.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter D, Chapter 481, Health and Safety
1-8 Code, is amended by adding Section 481.134 to read as follows:
1-9 Sec. 481.134. DRUG-FREE ZONES. (a) In this section:
1-10 (1) "School" means a private or public elementary or
1-11 secondary school.
1-12 (2) "Premises" means real property and all buildings
1-13 and appurtenances pertaining to real property.
1-14 (b) An offense otherwise punishable as a misdemeanor under
1-15 Section 481.117(b), 481.118(b), 481.119, 481.120(b)(1) or (b)(2),
1-16 or 481.121(b)(1) or (b)(2) is a felony of the third degree if it is
1-17 shown on the trial of the offense that the offense was committed:
1-18 (1) in, on, or within 1,000 feet of the premises of a
1-19 school; or
1-20 (2) in, on, or within 1,000 feet of premises that were
1-21 being used by a school for a school-related activity.
1-22 SECTION 2. (a) The change in law made by this Act applies
1-23 only to an offense committed on or after the effective date of this
1-24 Act. For purposes of this section, an offense is committed before
2-1 the effective date of this Act if any element of the offense occurs
2-2 before the effective date.
2-3 (b) An offense committed before the effective date of this
2-4 Act is covered by the law in effect when the offense was committed,
2-5 and the former law is continued in effect for this purpose.
2-6 SECTION 3. This Act takes effect September 1, 1993.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.