S.B. No. 840
AN ACT
1-1 relating to the punishment for certain weapons offenses committed
1-2 in a school zone.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 46, Penal Code, is amended by adding
1-5 Section 46.11 to read as follows:
1-6 Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
1-7 SCHOOL ZONE. (a) Except as provided by Subsection (b), the
1-8 punishment prescribed for an offense under this chapter is
1-9 increased to the punishment prescribed for the next highest
1-10 category of offense if it is shown beyond a reasonable doubt on the
1-11 trial of the offense that the actor committed the offense in a
1-12 place that the actor knew was:
1-13 (1) within 300 feet of the premises of a school; or
1-14 (2) on premises where:
1-15 (A) an official school function is taking place;
1-16 or
1-17 (B) an event sponsored or sanctioned by the
1-18 University Interscholastic League is taking place.
1-19 (b) This section does not apply to an offense under Section
1-20 46.03(a)(1).
1-21 (c) In this section, "institution of higher education,"
1-22 "premises," and "school" have the meanings assigned by Section
1-23 481.134, Health and Safety Code.
1-24 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-1 Section 46.12 to read as follows:
2-2 Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a
2-3 prosecution of an offense for which punishment is increased under
2-4 Section 46.11, a map produced or reproduced by a municipal or
2-5 county engineer for the purpose of showing the location and
2-6 boundaries of weapon-free zones is admissible in evidence and is
2-7 prima facie evidence of the location or boundaries of those areas
2-8 if the governing body of the municipality or county adopts a
2-9 resolution or ordinance approving the map as an official finding
2-10 and record of the location or boundaries of those areas.
2-11 (b) A municipal or county engineer may, on request of the
2-12 governing body of the municipality or county, revise a map that has
2-13 been approved by the governing body of the municipality or county
2-14 as provided by Subsection (a).
2-15 (c) A municipal or county engineer shall file the original
2-16 or a copy of every approved or revised map approved as provided by
2-17 Subsection (a) with the county clerk of each county in which the
2-18 area is located.
2-19 (d) This section does not prevent the prosecution from:
2-20 (1) introducing or relying on any other evidence or
2-21 testimony to establish any element of an offense for which
2-22 punishment is increased under Section 46.11; or
2-23 (2) using or introducing any other map or diagram
2-24 otherwise admissible under the Texas Rules of Criminal Evidence.
2-25 SECTION 3. (a) The change in law made by this Act applies
2-26 only to the punishment for an offense committed on or after the
2-27 effective date of this Act. For purposes of this section, an
3-1 offense is committed before the effective date of this Act if any
3-2 element of the offense occurs before the effective date.
3-3 (b) An offense committed before the effective date of this
3-4 Act is covered by the law in effect when the offense was committed,
3-5 and the former law is continued in effect for this purpose.
3-6 SECTION 4. If S.B. No. 1, 74th Legislature, Regular Session,
3-7 1995, is enacted and becomes law, Sections 46.11 and 46.12, Penal
3-8 Code, as added by S.B. No. 1, 74th Legislature, Regular Session,
3-9 1995, have no effect and are repealed.
3-10 SECTION 5. This Act takes effect September 1, 1995.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.