AEZ S.B. 119 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 119
By: Ellis (Dukes)
5-14-97
Committee Report (Unamended)


BACKGROUND

Currently, Texas law enhances the punishment for certain offenses
committed on or near school property, but the law provides a limited
definition of "school."  The definition fails to protect certain children.
This bill will  redefine "school" to include day-care centers,
kindergarten, preschool, or after-school programs and Head Start
facilities. 

PURPOSE

As proposed, S.B. 119 provides a definition of "school" for the purpose of
enhancing the punishment for certain offenses committed on or near school
property. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 481.134(a)(5), Health and Safety Code, to
redefine "school" as meaning a private or public elementary, secondary
school, or day-care center, including facilities where a kindergarten,
preschool, or after-school program is conducted as part of the school and
facilities where federal Head Start services are provided. 

SECTION 2. Amends Section 46.11(c), Penal Code, to redefine "school" as
meaning a private or public elementary or secondary school.  Makes
conforming changes. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.