78R3160 JD-D


By:  Farabee, Crabb, Pena                                         H.B. No. 797



A BILL TO BE ENTITLED

AN ACT

relating to the penalties for certain offenses under the Texas 
Controlled Substances Act committed within 1,000 feet of a youth 
center.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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.                                                         
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The changes in law made by this Act apply only to an 
offense committed on or after September 1, 2003.
	(c)  An offense committed before September 1, 2003, is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before September 1, 2003, if 
any element of the offense was committed before that date.