1-1     By:  Ellis                                             S.B. No. 119

 1-2           (In the Senate - Filed December 6, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     April 22, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 22, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 119                By:  Patterson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the definition of "school" for purposes of enhancing

1-11     the punishment for certain offenses committed in a drug-free school

1-12     zone.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subdivision (5), Subsection (a), Section 481.134,

1-15     Health and Safety Code, is amended to read as follows:

1-16                 (5)  "School" means a private or public elementary or

1-17     secondary school or a day-care center, as defined by Section

1-18     42.002, Human Resources Code.  The term includes a facility where:

1-19                       (A)  a kindergarten, preschool, or after-school

1-20     program is conducted as part of the school; and

1-21                       (B)  federal Head Start services are provided,

1-22     other than a private residence.

1-23           SECTION 2.  Subsection (c), Section 46.11, Penal Code, is

1-24     amended to read as follows:

1-25           (c)  In this section:

1-26                 (1)  "Institution [, "institution] of higher

1-27     education[,]" and "premises[,]" [and "school"] have the meanings

1-28     assigned by Section 481.134, Health and Safety Code.

1-29                 (2)  "School" means a private or public elementary or

1-30     secondary school.

1-31           SECTION 3.  This Act takes effect September 1, 1997.  The

1-32     change in law made by this Act applies only to an offense committed

1-33     on or after September 1, 1997.  An offense committed before

1-34     September 1, 1997, is covered by the law in effect when the offense

1-35     was committed, and the former law is continued in effect for that

1-36     purpose.  For purposes of this section, an offense was committed

1-37     before September 1, 1997, if any element of the offense occurred

1-38     before that date.

1-39           SECTION 4.  The importance of this legislation and the

1-40     crowded condition of the calendars in both houses create an

1-41     emergency and an imperative public necessity that the

1-42     constitutional rule requiring bills to be read on three several

1-43     days in each house be suspended, and this rule is hereby suspended.

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