H.B. No. 2467
 
 
 
 
AN ACT
  relating to the definition of playgrounds and to including those
  playgrounds in the designation of certain places as drug-free zones
  for purposes of criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.134(a)(3), Health and Safety Code,
  is amended to read as follows:
               (3)  "Playground" means any outdoor facility that is
  not on the premises of a school and that:
                     (A)  is intended for recreation;
                     (B)  is open to the public; and
                     (C)  contains three or more play stations
  [separate apparatus] intended for the recreation of children, such
  as slides, swing sets, and teeterboards.
         SECTION 2.  Subections (c), (d), (e), and (f), Section
  481.134, Health and Safety Code, are amended to read as follows:
         (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 the premises of a
  school, the premises of [or] a public or private youth center, or a
  playground; 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 a playground;
  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 a playground;
  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 a playground;
  or
               (2)  on a school bus.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act 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 the effective date of
  this Act if any element of the offense was committed before that
  date.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2467 was passed by the House on May 5,
  2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2467 on May 23, 2009, by the following vote:  Yeas 140, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2467 was passed by the Senate, with
  amendments, on May 19, 2009, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor