Amend HB 1629 by adding the following SECTION to the bill,
appropriately numbered, and renumbering existing SECTIONS
accordingly:
SECTION ____. Sections 481.134(b)-(f), Health and Safety
Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.113, 481.114, or 481.120 is punishable
as a felony of the third degree, and an offense otherwise punishable
as a felony of the second degree under any of those sections is
punishable as a felony of the first degree, if it is shown at the
punishment phase of the trial of the offense that the offense was
committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a
[public or private youth center,] public swimming pool[,] or video
arcade facility.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e),
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
481.121(b)(4), (5), or (6) is increased by five years and the
maximum fine for the offense is doubled if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of premises of a
school or a public or private youth center; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if
it is shown on the trial of the offense that the offense was
committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board or the
premises of a public or private youth center; or
(2) on a school bus.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
jail felony if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board or the
premises of a public or private youth center; or
(2) on a school bus.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
A misdemeanor if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board or the
premises of a public or private youth center; or
(2) on a school bus.