| � |
| � |
| � |
|
�
|
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������� |