By Brown                                               S.B. No. 840
          Substitute the following for S.B. No. 840:
          By Nixon                                           C.S.S.B. No. 840
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to drug-free and weapon-free zones and to the imposition
    1-3  of penalties for the possession, delivery, manufacture, or
    1-4  possession with the intent to deliver or manufacture a controlled
    1-5  substance in drug-free zones or on school buses and penalties for
    1-6  certain offenses involving weapons committed in weapon-free zones.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 481.134, Health and Safety Code, is
    1-9  amended to read as follows:
   1-10        Sec. 481.134.  Drug-Free Zones.  (a)  In this section:
   1-11              (1)  "Minor" means a person who is younger than 18
   1-12  years of age.
   1-13              (2) <(1)>  "Institution of higher education" means any
   1-14  public or private technical institute, junior college, senior
   1-15  college or university, medical or dental unit, or other agency of
   1-16  higher education as defined by Section 61.003, Education Code.
   1-17              (3) <(2)>  "Playground" means any outdoor facility that
   1-18  is not on the premises of a school and that:
   1-19                    (A)  is intended for recreation;
   1-20                    (B)  is open to the public; and
   1-21                    (C)  contains three or more separate apparatus
   1-22  intended for the recreation of children, such as slides, swing
   1-23  sets, and teeterboards.
   1-24              (4) <(3)>  "Premises" means real property and all
    2-1  buildings and appurtenances pertaining to the real property.
    2-2              (5) <(4)>  "School" means a private or public
    2-3  elementary or secondary school.
    2-4              (6) <(5)>  "Video arcade facility" means any facility
    2-5  that:
    2-6                    (A)  is open to the public, including persons who
    2-7  are 17 years of age or younger;
    2-8                    (B)  is intended primarily for the use of pinball
    2-9  or video machines; and
   2-10                    (C)  contains at least three pinball or video
   2-11  machines.
   2-12              (7) <(6)>  "Youth center" means any recreational
   2-13  facility or gymnasium that:
   2-14                    (A)  is intended primarily for use by persons who
   2-15  are 17 years of age or younger; and
   2-16                    (B)  regularly provides athletic, civic, or
   2-17  cultural activities.
   2-18        (b)  The minimum term of confinement or imprisonment for an
   2-19  offense  otherwise punishable <and the maximum fine for an offense>
   2-20  under Section 481.112(c)-(f), 481.113(c), (d), or (e), 481.114(c),
   2-21  (d), or (e), 481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c),
   2-22  (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6),
   2-23  or 481.121(b)(4), (5), or (6) is increased by five years and the
   2-24  maximum fine for the offense is <481.112, 481.113, 481.114,
   2-25  481.119, or 481.120 are> doubled if it is shown on the trial of the
   2-26  offense that the offense was committed:
   2-27              (1)  in, on, or within 1,000 feet of the premises of
    3-1  <owned, rented, or leased by> a school <or an institution of higher
    3-2  learning or a playground>; <or>
    3-3              (2)  on a school bus;
    3-4              (3)  in, on, or within 1,000 feet of the premises of an
    3-5  institution of higher education; or
    3-6              (4)  in, on, or within 300 feet of the premises of a
    3-7  playground, public or private youth center, public swimming pool,
    3-8  or video arcade facility.
    3-9        (c)  An offense otherwise punishable under Section
   3-10  481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
   3-11  481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if
   3-12  it is shown on the trial of the offense that the offense was
   3-13  committed in a drug-free zone described by Subsection (b)(1), (2),
   3-14  (3), or (4).
   3-15        (d)  An offense otherwise punishable under Section
   3-16  481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
   3-17  jail felony if it is shown on the trial of the offense that the
   3-18  offense was committed in a drug-free zone described by Subsection
   3-19  (b)(1), (2), (3), or (4).
   3-20        (e)  An offense otherwise punishable under Section
   3-21  481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
   3-22  A misdemeanor if it is shown on the trial of the offense that the
   3-23  offense was committed in a drug-free zone described by Subsection
   3-24  (b)(1), (2), (3), or (4).
   3-25        (f)  Subsection (e) does not apply to an offense if:
   3-26              (1)  the offense was committed inside a private
   3-27  residence; and
    4-1              (2)  no minor was present in the private residence at
    4-2  the time the offense was committed.
    4-3        (g)  This section does not apply to a defendant unless it is
    4-4  shown beyond a reasonable doubt that the defendant committed the
    4-5  offense in a place that the defendant knew was:
    4-6              (1)  in, on, or within 1,000 feet of the premises of a
    4-7  school;
    4-8              (2)  on a school bus;
    4-9              (3)  in, on, or within 1,000 feet of the premises of an
   4-10  institution of higher education; or
   4-11              (4)  in, on, or within 300 feet of the premises of a
   4-12  playground, public or private youth center, public swimming pool,
   4-13  or video arcade facility.
   4-14        SECTION 2.  Section 3g(a), Article 42.12, Code of Criminal
   4-15  Procedure, is amended to read as follows:
   4-16        (a)  The provisions of Section 3 of this article do not
   4-17  apply:
   4-18              (1)  to a defendant adjudged guilty of an offense under
   4-19  <defined by the following sections of the Penal Code>:
   4-20                    (A)  Section 19.02, Penal Code (Murder);
   4-21                    (B)  Section 19.03, Penal Code (Capital murder);
   4-22                    (C)  Section 21.11(a)(1), Penal Code (Indecency
   4-23  with a child);
   4-24                    (D)  Section 20.04, Penal Code (Aggravated
   4-25  kidnapping);
   4-26                    (E)  Section 22.021, Penal Code (Aggravated
   4-27  sexual assault);
    5-1                    (F)  Section 29.03, Penal Code (Aggravated
    5-2  robbery); or
    5-3                    (G)  Chapter 481, Health and Safety Code, for
    5-4  which punishment is increased under Section 481.134, Health and
    5-5  Safety Code, if it is shown that the defendant has been previously
    5-6  convicted of an offense for which punishment was increased under
    5-7  that section; or
    5-8              (2)  to a defendant when it is shown that a deadly
    5-9  weapon as defined in Section 1.07, Penal Code, was used or
   5-10  exhibited during the commission of a felony offense or during
   5-11  immediate flight therefrom, and that the defendant used or
   5-12  exhibited the deadly weapon or was a party to the offense and knew
   5-13  that a deadly weapon would be used or exhibited.  On an affirmative
   5-14  finding under this subdivision, the trial court shall enter the
   5-15  finding in the judgment of the court.  On an affirmative finding
   5-16  that the deadly weapon was a firearm, the court shall enter that
   5-17  finding in its judgment.
   5-18        SECTION 3.  Section 4(d), Article 42.12, Code of Criminal
   5-19  Procedure, is amended to read as follows:
   5-20        (d)  A defendant is not eligible for community supervision
   5-21  under this section if the defendant:
   5-22              (1)  is sentenced to a term of imprisonment that
   5-23  exceeds 10 years;
   5-24              (2)  is sentenced to serve a term of confinement under
   5-25  Section 12.35, Penal Code; <or>
   5-26              (3)  does not file a sworn motion under Subsection (e)
   5-27  of this section or for whom the jury does not enter in the verdict
    6-1  a finding that the information contained in the motion is true; or
    6-2              (4)  is adjudged guilty of an offense for which
    6-3  punishment is increased under Section 481.134, Health and Safety
    6-4  Code, if it is shown that the defendant has been previously
    6-5  convicted of an offense for which punishment was increased under
    6-6  that section.
    6-7        SECTION 4.  Section 5(d), Article 42.12, Code of Criminal
    6-8  Procedure, is amended to read as follows:
    6-9        (d)  In all other cases the judge may grant deferred
   6-10  adjudication unless the defendant is charged with an offense:
   6-11              (1)  under Section 49.04, 49.05, 49.06, 49.07, or
   6-12  49.08, Penal Code; or
   6-13              (2)  for which punishment may be increased under
   6-14  Section 481.134, Health and Safety Code, if it is shown that the
   6-15  defendant has been previously convicted of an offense for which
   6-16  punishment was increased under that section.
   6-17        SECTION 5.  Section 8(b)(3), Article 42.18, Code of Criminal
   6-18  Procedure, is amended to read as follows:
   6-19              (3)  If a prisoner<, other than a prisoner described by
   6-20  Subdivision (4) of this subsection,> is serving a sentence for the
   6-21  offenses  described by <listed in> Subdivision (1)(A), (C), (D),
   6-22  (E), <or> (F), or (G) of Section 3g(a), Article 42.12 of this code,
   6-23  or if the judgment contains an affirmative finding under
   6-24  Subdivision (2) of Subsection (a) of Section 3g of that article, he
   6-25  is not eligible for release on parole until his actual calendar
   6-26  time served, without consideration of good conduct time, equals
   6-27  one-half of the maximum sentence or 30 calendar years, whichever is
    7-1  less, but in no event shall he be eligible for release on parole in
    7-2  less than two calendar years.
    7-3        SECTION 6.  Amends Sections 46.03 (a), (d), and (f) and adds
    7-4  Section 46.03(g) Penal Code to read as follows:
    7-5        (a)  A person commits an offense if, with a firearm, illegal
    7-6  knife, club, or prohibited weapon listed in Section 46.05(a), he
    7-7  intentionally, knowingly, or recklessly goes:
    7-8              (1)  within 1,000 feet of or  on the <physical>
    7-9  premises of a school or<,> an <educational> institution of higher
   7-10  education<, or a passenger transportation vehicle of a school or an
   7-11  educational institution, whether the school or educational
   7-12  institution is public or private>, unless pursuant to written
   7-13  regulations or written authorization of the  school or institution;
   7-14              (2)  within 1,000 feet of or on the premises of a
   7-15  polling place on the day of an election or while early voting is in
   7-16  progress;
   7-17              (3)  within 1,000 feet of or in any government court or
   7-18  offices utilized by the court, unless pursuant to written
   7-19  regulations or written authorization of the court;
   7-20              (4)  within 1,000 feet of or on the premises of a
   7-21  racetrack; <or>
   7-22              (5)  within 1,000 feet of or in <into> a secured area
   7-23  of an airport; or
   7-24              (6)  on a passenger transportation vehicle of a school
   7-25  or an institution of higher education, unless pursuant to written
   7-26  regulations or written authorization of the school or institution.
   7-27        (d)  It is a defense to prosecution under this section
    8-1  <Subsection (a)(5)> that the actor possessed a firearm or club
    8-2  while traveling to or from the actor's place of assignment or in
    8-3  the actual discharge of duties as:
    8-4              (1)  a peace officer;
    8-5              (2)  a member of the armed forces or national guard;
    8-6              (3)  a guard employed by a penal institution; or
    8-7              (4)  a security officer commissioned by the Texas Board
    8-8  of Private Investigators and Private Security Agencies if:
    8-9                    (A)  the actor is wearing a distinctive uniform;
   8-10  and
   8-11                    (B)  the firearm or club is in plain view.
   8-12        (f)  It is a defense to prosecution under this section that:
   8-13              (1)  the actor possessed the firearm or club on private
   8-14  premises owned or under the control of the actor;
   8-15              (2)  the actor possessed the firearm while directly in
   8-16  route between the premises where lawful hunting or other sporting
   8-17  activity is conducted and the actor's residence, if the firearm is
   8-18  a type commonly used in the activity; or
   8-19              (3)  the actor possessed the firearm in a motor
   8-20  vehicle, other than a passenger transportation vehicle of a school
   8-21  or an institution of higher education, while traveling.
   8-22        (g)  In this section, "institution of higher education,"
   8-23  "premises," and "school" have the meanings assigned by Section
   8-24  481.134, Health and Safety Code.
   8-25        (h)  An offense under this section is a third degree felony.
   8-26        SECTION 7.  Chapter 46, Penal Code, is amended by adding
   8-27  Section 46.11 to read as follows:
    9-1        Sec. 46.11.  PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
    9-2  ZONE.  (a)  Except as provided by Subsection (b), the punishment
    9-3  prescribed for an offense under this chapter is increased to the
    9-4  punishment prescribed for the next highest category of offense if
    9-5  it is shown beyond a reasonable doubt on the trial of the offense
    9-6  that the actor committed the offense in a place that the actor knew
    9-7  was:
    9-8              (1)  within 1,000 feet of the premises of a school;
    9-9              (2)  on a school bus;
   9-10              (3)  in, on, or within 1,000 feet of the premises of an
   9-11  institution of higher education;
   9-12              (4)  in, on, or within 300 feet of the premises of a
   9-13  playground, public or private youth center, public swimming pool,
   9-14  or video arcade facility; or
   9-15              (5)  on a premises where:
   9-16                    (A)  an official school function is taking place;
   9-17                    (B)  an event sponsored or sanctioned by the
   9-18  university interscholastic league is taking place; or
   9-19                    (C)  a school-sponspored extracurricular activity
   9-20  in which the actor is a participant is taking place.
   9-21        (b)  This section does not apply to:
   9-22              (1)  an offense under Section 46.03; or
   9-23              (2)  an offense in which:
   9-24                    (A)  the actor possessed the firearm or club:
   9-25                          (i)  on private property not part of the
   9-26  premises of a school;
   9-27                          (ii)  for use in a program approved by a
   10-1  school;
   10-2                          (iii)  in accordance with a contract
   10-3  entered into between a school and the actor or an employer of the
   10-4  actor;
   10-5                          (iv)  in the actor's official capacity as a
   10-6  peace officer; or
   10-7                          (v)  while traveling to or from the actor's
   10-8  place of assignment or in the actual discharge of duties as a
   10-9  member of the armed forces or national guard; or
  10-10                    (B)  the firearm was:
  10-11                          (i)  not loaded; and
  10-12                          (ii)  in a locked container or on a locked
  10-13  firearms rack in a motor vehicle.
  10-14        (c)  In this section, "institution of higher education,"
  10-15  "playground," "premises," "school," "video arcade facility," and
  10-16  "youth center" have the meanings assigned by Section 481.134,
  10-17  Health and Safety Code.
  10-18        SECTION 8.  Chapter 46, Penal Code, is amended by adding
  10-19  Section 46.12 to read as follows:
  10-20        Sec. 46.12.  MAPS AS EVIDENCE OF LOCATION OR AREA.  (a)  In a
  10-21  prosecution under Section 46.03 or 46.11, a map produced or
  10-22  reproduced by a municipal or county engineer for the purpose of
  10-23  showing the location and boundaries of weapon-free zones is
  10-24  admissible in evidence and is prima facie evidence of the location
  10-25  or boundaries of those areas if the governing body of the
  10-26  municipality or county adopts a resolution or ordinance approving
  10-27  the map as an official finding and record of the location or
   11-1  boundaries of those areas.
   11-2        (b)  A municipal or county engineer may, on request of the
   11-3  governing body of the municipality or county, revise a map that has
   11-4  been approved by the governing body of the municipality or county
   11-5  as provided by Subsection (a).
   11-6        (c)  A municipal or county engineer shall file the original
   11-7  or a copy of every approved or revised map approved as provided by
   11-8  Subsection (a) with the county clerk of each county in which the
   11-9  area is located.
  11-10        (d)  This section does not prevent the prosecution from:
  11-11              (1)  introducing or relying on any other evidence or
  11-12  testimony to establish any element of an offense committed under
  11-13  Section 46.03 or for which punishment is increased under Section
  11-14  46.11; or
  11-15              (2)  using or introducing any other map or diagram
  11-16  otherwise admissible under the Texas Rules of Criminal Evidence.
  11-17        SECTION 9.  Section 8(b)(4), Article 42.18, Code of Criminal
  11-18  Procedure, is repealed.
  11-19        SECTION 10.  (a)  The change in law made by this Act applies
  11-20  only to the punishment for an offense committed on or after the
  11-21  effective date of this Act.  For purposes of this section, an
  11-22  offense is committed before the effective date of this Act if any
  11-23  element of the offense occurs before the effective date.
  11-24        (b)  An offense committed before the effective date of this
  11-25  Act is covered by the law in effect when the offense was committed,
  11-26  and the former law is continued in effect for this purpose.
  11-27        SECTION 11.  This Act takes effect September 1, 1995.
   12-1        SECTION 12.  The importance of this legislation and the
   12-2  crowded condition of the calendars in both houses create an
   12-3  emergency and an imperative public necessity that the
   12-4  constitutional rule requiring bills to be read on three several
   12-5  days in each house be suspended, and this rule is hereby suspended.