By:  Ellis                                             S.B. No. 119

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the definition of "school" for purposes of enhancing

 1-2     the punishment for certain offenses committed in a drug-free school

 1-3     zone.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subdivision (5), Subsection (a), Section 481.134,

 1-6     Health and Safety Code, is amended to read as follows:

 1-7                 (5)  "School" means a private or public elementary or

 1-8     secondary school or a day-care center, as defined by Section

 1-9     42.002, Human Resources Code.  The term includes a facility where:

1-10                       (A)  a kindergarten, preschool, or after-school

1-11     program is conducted as part of the school; and

1-12                       (B)  federal Head Start services are provided,

1-13     other than a private residence.

1-14           SECTION 2.  Subsection (c), Section 46.11, Penal Code, is

1-15     amended to read as follows:

1-16           (c)  In this section:

1-17                 (1)  "Institution[, "institution] of higher

1-18     education[,]" and "premises[,]" [and "school"] have the meanings

1-19     assigned by Section 481.134, Health and Safety Code.

1-20                 (2)  "School" means a private or public elementary or

1-21     secondary school.

1-22           SECTION 3.  This Act takes effect September 1, 1997.  The

1-23     change in law made by this Act applies only to an offense committed

 2-1     on or after September 1, 1997.  An offense committed before

 2-2     September 1, 1997, is covered by the law in effect when the offense

 2-3     was committed, and the former law is continued in effect for that

 2-4     purpose.  For purposes of this section, an offense was committed

 2-5     before September 1, 1997, if any element of the offense occurred

 2-6     before that date.

 2-7           SECTION 4.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.