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.
    1-7        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.