By Ellis                                         S.B. No. 119

      75R1677 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of "school" for purposes of enhancing

 1-3     the punishment for certain offenses committed in a drug-free school

 1-4     zone.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 481.134(a)(5), Health and Safety Code, is

 1-7     amended to read as follows:

 1-8                 (5)  "School" means a private or public elementary or

 1-9     secondary school or a day-care center, as defined by Section

1-10     42.002, Human Resources Code.  The term includes a facility where:

1-11                       (A)  a kindergarten, preschool, or after-school

1-12     program is conducted as part of the school; and

1-13                       (B)  federal Head Start services are provided,

1-14     other than a private residence.

1-15           SECTION 2.  This Act takes effect September 1, 1997.  The

1-16     change in law made by this Act applies only to an offense committed

1-17     on or after September 1, 1997.  An offense committed before

1-18     September 1, 1997, is covered by the law in effect when the offense

1-19     was committed, and the former law is continued in effect for that

1-20     purpose.  For purposes of this section, an offense was committed

1-21     before September 1, 1997, if any element of the offense occurred

1-22     before that date.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

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

 2-3     days in each house be suspended, and this rule is hereby suspended.