SRC-SLL C.S.S.B. 119 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 119
By: Ellis
Criminal Justice
4-18-97
Committee Report (Substituted)


DIGEST 

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, C.S.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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

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