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.