By:  Brown, Lucio                                       S.B. No. 16
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to certain offenses committed on school premises or in
    1-2  drug-free zones; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter D, Chapter 481, Health and Safety
    1-5  Code, is amended by adding Section 481.134 to read as follows:
    1-6        Sec. 481.134.  DRUG-FREE ZONES.  (a)  In this section:
    1-7              (1)  "Institution of higher education" means any public
    1-8  or private technical institute, junior college, senior college or
    1-9  university, medical or dental unit, or other agency of higher
   1-10  education as defined by Section 61.003, Education Code.
   1-11              (2)  "Playground" means any outdoor facility that is
   1-12  not on the premises of a school and that:
   1-13                    (A)  is intended for recreation;
   1-14                    (B)  is open to the public; and
   1-15                    (C)  contains three or more separate apparatus
   1-16  intended for the recreation of children, such as slides, swing
   1-17  sets, and teeterboards.
   1-18              (3)  "Premises" means real property and all buildings
   1-19  and appurtenances pertaining to the real property.
   1-20              (4)  "School" means a private or public elementary or
   1-21  secondary school.
   1-22              (5)  "Video arcade facility" means any facility that:
   1-23                    (A)  is open to the public, including persons who
   1-24  are 17 years of age or younger;
    2-1                    (B)  is intended primarily for the use of pinball
    2-2  or video machines; and
    2-3                    (C)  contains at least three pinball or video
    2-4  machines.
    2-5              (6)  "Youth center" means any recreational facility or
    2-6  gymnasium that:
    2-7                    (A)  is intended primarily for use by persons who
    2-8  are 17 years of age or younger; and
    2-9                    (B)  regularly provides athletic, civic, or
   2-10  cultural activities.
   2-11        (b)  The minimum term of confinement or imprisonment for an
   2-12  offense, and the maximum fine for an offense, under Section
   2-13  481.112, 481.113, 481.114, 481.119, or 481.120 are doubled if it is
   2-14  shown on the trial of the offense that the offense was committed:
   2-15              (1)  in, on, or within 1,000 feet of the premises of a
   2-16  school or an institution of higher education; or
   2-17              (2)  in, on, or within 1,000 feet of the premises of a
   2-18  playground, public or private youth center, public swimming pool,
   2-19  or video arcade facility.
   2-20        SECTION 2.  Subsections (b) and (c), Section 8, Article
   2-21  42.18, Code of Criminal Procedure, are amended to read as follows:
   2-22        (b)(1)  A prisoner under sentence of death is not eligible
   2-23  for parole.
   2-24              (2)  If a prisoner is serving a life sentence for a
   2-25  capital felony, the prisoner is not eligible for release on parole
   2-26  until the actual calendar time the prisoner has served, without
   2-27  consideration of good conduct time, equals 35 calendar years.
    3-1              (3)  If a prisoner, other than a prisoner described by
    3-2  Subdivision (4) of this subsection, is serving a sentence for the
    3-3  offenses listed in Subdivision (1)(B), (C), or (D) of Section
    3-4  3g(a), Article 42.12 of this code, or if the judgment contains an
    3-5  affirmative finding under Subdivision (2) of Subsection (a) of
    3-6  Section 3g of that article, he is not eligible for release on
    3-7  parole until his actual calendar time served, without consideration
    3-8  of good conduct time, equals one-fourth of the maximum sentence or
    3-9  15 calendar years, whichever is less, but in no event shall he be
   3-10  eligible for release on parole in less than two calendar years.
   3-11              (4)  If a prisoner is serving a sentence for which the
   3-12  punishment is increased under Section 481.134, Health and Safety
   3-13  Code, the prisoner is not eligible for release on parole until the
   3-14  prisoner's actual calendar time served, without consideration of
   3-15  good conduct time, equals five years or the maximum term to which
   3-16  the prisoner was sentenced, whichever is less.
   3-17              (5)  Except as provided by Subsection (m) of this
   3-18  section, all other prisoners shall be eligible for release on
   3-19  parole when their calendar time served plus good conduct time
   3-20  equals one-fourth of the maximum sentence imposed or 15 years,
   3-21  whichever is less.
   3-22        (c)  Except as otherwise provided by this subsection, a
   3-23  prisoner who is not on parole shall be released to mandatory
   3-24  supervision by order of a parole panel when the calendar time he
   3-25  has served plus any accrued good conduct time equal the maximum
   3-26  term to which he was sentenced.  A prisoner released to mandatory
   3-27  supervision shall, upon release, be deemed as if released on
    4-1  parole.  To the extent practicable, arrangements for the prisoner's
    4-2  proper employment, maintenance, and care shall be made prior to his
    4-3  release to mandatory supervision.  The period of mandatory
    4-4  supervision shall be for a period equivalent to the maximum term
    4-5  for which the prisoner was sentenced less calendar time actually
    4-6  served on the sentence.  The time served on mandatory supervision
    4-7  is calculated as calendar time.  Every prisoner while on mandatory
    4-8  supervision shall remain in the legal custody of the state and
    4-9  shall be amenable to conditions of supervision ordered by the
   4-10  parole panel.  A prisoner may not be released to mandatory
   4-11  supervision if the prisoner is serving a sentence for an offense
   4-12  and the judgment for the offense contains an affirmative finding
   4-13  under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
   4-14  of this code or if the prisoner is serving a sentence for:
   4-15              (1)  a first degree felony under Section 19.02, Penal
   4-16  Code (Murder);
   4-17              (2)  a capital felony under Section 19.03, Penal Code
   4-18  (Capital Murder);
   4-19              (3)  a first degree felony or a second degree felony
   4-20  under Section 20.04, Penal Code (Aggravated Kidnapping);
   4-21              (4)  a second degree felony under Section 22.011, Penal
   4-22  Code (Sexual Assault);
   4-23              (5)  a second degree or third degree felony under
   4-24  Section 22.02, Penal Code (Aggravated Assault);
   4-25              (6)  a first degree felony under Section 22.021, Penal
   4-26  Code (Aggravated Sexual Assault);
   4-27              (7)  a first degree felony under Section 22.03, Penal
    5-1  Code (Deadly Assault on Law Enforcement or Corrections Officer or
    5-2  Court Participant);
    5-3              (8)  a first degree felony under Section 22.04, Penal
    5-4  Code (Injury to a Child or an Elderly Individual);
    5-5              (9)  a first degree felony under Section 28.02, Penal
    5-6  Code (Arson);
    5-7              (10)  a second degree felony under Section 29.02, Penal
    5-8  Code (Robbery);
    5-9              (11)  a first degree felony under Section 29.03, Penal
   5-10  Code (Aggravated Robbery); <or>
   5-11              (12)  a first degree felony under Section 30.02, Penal
   5-12  Code (Burglary), if the offense is punished under Subsection (d)(2)
   5-13  or (d)(3) of that section; or
   5-14              (13)  a felony for which the punishment is increased
   5-15  under Section 481.134 (Drug-Free Zones), Health and Safety Code.
   5-16        SECTION 3.  Subchapter F, Chapter 13, Education Code, is
   5-17  amended by adding Section 13.355 to read as follows:
   5-18        Sec. 13.355.  DUTY TO REPORT CRIMINAL OFFENSE.  (a)  A
   5-19  superintendent or principal commits an offense if the
   5-20  superintendent or principal:
   5-21              (1)  knows that conduct constituting a criminal offense
   5-22  occurred against the person or property of an employee of the
   5-23  school district on the property of the school district or at an
   5-24  event sponsored by the school district; and
   5-25              (2)  fails to file in a timely manner an affidavit
   5-26  under Article 21.22, Code of Criminal Procedure, alleging the
   5-27  commission of an offense described by Subdivision (1) of this
    6-1  subsection.
    6-2        (b)  An offense under this section is a Class C misdemeanor.
    6-3        (c)  If the commissioner of education finds that a person has
    6-4  been convicted more than once of an offense under this section, the
    6-5  person is ineligible for employment as a superintendent or
    6-6  principal before the first anniversary of the date of the finding.
    6-7        SECTION 4.  (a)  The change in law made by this Act applies
    6-8  only to an offense committed on or after the effective date of this
    6-9  Act.  For purposes of this section, an offense is committed before
   6-10  the effective date of this Act if any element of the offense occurs
   6-11  before the effective date.
   6-12        (b)  An offense committed before the effective date of this
   6-13  Act is covered by the law in effect when the offense was committed,
   6-14  and the former law is continued in effect for this purpose.
   6-15        SECTION 5.  This Act takes effect September 1, 1993.
   6-16        SECTION 6.  The importance of this legislation and the
   6-17  crowded condition of the calendars in both houses create an
   6-18  emergency and an imperative public necessity that the
   6-19  constitutional rule requiring bills to be read on three several
   6-20  days in each house be suspended, and this rule is hereby suspended.