87R1411 GCB-F
 
  By: Allen H.B. No. 2146
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment of certain controlled substance offenses
  committed in a drug-free zone.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.134, Health and Safety Code, is
  amended by amending Subsections (b), (c), (d), (e), and (f) and
  adding Subsection (i) to read as follows:
         (b)  An offense otherwise punishable as a state jail felony
  under Section 481.112, 481.1121, 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 500 [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 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), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
  481.114(c), (d), or (e), 481.115(c), (d), (e), or (f)
  [481.115(c)-(f)], 481.1151(b)(2), (3), (4), or (5), 481.116(c),
  (d), or (e), 481.1161(b)(4), (5), or (6), 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 500 [1,000] feet of the premises
  of a school, the premises of 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), 481.1121(b)(1), 481.113(b), 481.114(b), [481.115(b),
  481.1151(b)(1), 481.116(b),] 481.1161(b)(3), 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 500 [1,000] feet of any real
  property that is owned, rented, or leased to a school or school
  board, 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) or[,] 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 500 [1,000] feet of any real
  property that is owned, rented, or leased to a school or school
  board, 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) or[,] 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 500 [1,000] feet of any real
  property that is owned, rented, or leased to a school or school
  board, the premises of a public or private youth center, or a
  playground; or
               (2)  on a school bus.
         (i)  Punishment may not be increased under this section if it
  is shown on the trial of the offense that the defendant was driving
  or otherwise in transit through an area described by Subsection
  (b)(1) or (2), (c)(1), (d)(1), (e)(1), or (f)(1) at the time the
  offense occurred.
         SECTION 2.  Article 18.19(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  A person either convicted or receiving deferred
  adjudication under Chapter 46, Penal Code, is entitled to the
  weapon seized upon request to the court in which the person was
  convicted or placed on deferred adjudication. However, the court
  entering the judgment shall order the weapon destroyed, sold at
  public sale by the law enforcement agency holding the weapon or by
  an auctioneer licensed under Chapter 1802, Occupations Code, or
  forfeited to the state for use by the law enforcement agency holding
  the weapon or by a county forensic laboratory designated by the
  court if:
               (1)  the person does not request the weapon before the
  61st day after the date of the judgment of conviction or the order
  placing the person on deferred adjudication;
               (2)  the person has been previously convicted under
  Chapter 46, Penal Code;
               (3)  the weapon is one defined as a prohibited weapon
  under Chapter 46, Penal Code;
               (4)  the offense for which the person is convicted or
  receives deferred adjudication was committed in or on the premises
  of:
                     (A)  a playground, school, [video arcade
  facility,] or youth center, as those terms are defined by Section
  481.134, Health and Safety Code; or
                     (B)  a video arcade facility, as defined by
  Article 42A.453; or
               (5)  the court determines based on the prior criminal
  history of the defendant or based on the circumstances surrounding
  the commission of the offense that possession of the seized weapon
  would pose a threat to the community or one or more individuals.
         SECTION 3.  Article 42A.453(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  In this article:
               (1)  "Playground,"[, "playground,"] "premises,"
  "school," ["video arcade facility,"] and "youth center" have the
  meanings assigned by Section 481.134, Health and Safety Code.
               (2)  "Video arcade facility" means any facility that:
                     (A)  is open to the public, including persons who
  are 17 years of age or younger;
                     (B)  is intended primarily for the use of pinball
  or video machines; and
                     (C)  contains at least three pinball or video
  machines.
         SECTION 4.  Article 42A.502(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  In this article:
               (1)  "Playground,"[, "playground,"] "premises,"
  "school," ["video arcade facility,"] and "youth center" have the
  meanings assigned by Section 481.134, Health and Safety Code.
               (2)  "Video arcade facility" has the meaning assigned
  by Article 42A.453.
         SECTION 5.  Section 508.187(f), Government Code, is amended
  to read as follows:
         (f)  In this section:
               (1)  "Playground,"[, "playground,"] "premises,"
  "school," ["video arcade facility,"] and "youth center" have the
  meanings assigned by Section 481.134, Health and Safety Code.
               (2)  "Video arcade facility" has the meaning assigned
  by Article 42A.453, Code of Criminal Procedure.
         SECTION 6.  Section 508.225(d), Government Code, is amended
  to read as follows:
         (d)  In this section:
               (1)  "Playground,"[, "playground,"] "premises,"
  "school," ["video arcade facility,"] and "youth center" have the
  meanings assigned by Section 481.134, Health and Safety Code.
               (2)  "Video arcade facility" has the meaning assigned
  by Article 42A.453, Code of Criminal Procedure.
         SECTION 7.  Section 341.906(a), Local Government Code, is
  amended by amending Subdivision (2) and adding Subdivision (4) to
  read as follows:
               (2)  "Playground," "premises," "school," ["video
  arcade facility,"] and "youth center" have the meanings assigned by
  Section 481.134, Health and Safety Code.
               (4)  "Video arcade facility" has the meaning assigned
  by Article 42A.453, Code of Criminal Procedure.
         SECTION 8.  Section 71.028(a), Penal Code, is amended by
  amending Subdivision (1) and adding Subdivision (3) to read as
  follows:
               (1)  "Institution of higher education," "playground,"
  "premises," "school," ["video arcade facility,"] and "youth
  center" have the meanings assigned by Section 481.134, Health and
  Safety Code.
               (3)  "Video arcade facility" has the meaning assigned
  by Article 42A.453, Code of Criminal Procedure.
         SECTION 9.  Section 481.134(a)(6), Health and Safety Code,
  is repealed.
         SECTION 10.  The changes in law made by this Act apply 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
  governed by the law in effect on the date 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 occurred
  before that date.
         SECTION 11.  This Act takes effect September 1, 2021.