H.B. No. 3553         AN ACT   relating to increasing the criminal penalty for certain offenses if   committed at certain locations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended   by adding Section 12.502 to read as follows:          Sec. 12.502.  PENALTY IF OFFENSE COMMITTED ON PREMISES OF   POSTSECONDARY EDUCATIONAL INSTITUTION. (a) In this section:                (1)  "Postsecondary educational institution" means:                      (A)  an institution of higher education or a   private or independent institution of higher education as defined   by Section 61.003, Education Code; or                      (B)  a career school or college as defined by   Section 132.001, Education Code.                (2)  "Premises" means real property and all buildings   and appurtenances pertaining to the real property.          (b)  Except as provided by Subsection (c), if it is shown on   the trial of an offense under Section 21.07, 21.08, 21.15, or 21.17   that the offense was committed in a location that was on the   premises of a postsecondary educational institution, the category   of punishment for the offense is increased to a higher category of   offense as follows:                (1)  a Class C misdemeanor is increased to a Class B   misdemeanor;                (2)  a Class B misdemeanor is increased to a Class A   misdemeanor;                (3)  a Class A misdemeanor is increased to a state jail   felony; and                (4)  a state jail felony is increased to a felony of the   third degree.          (c)  For an offense otherwise punishable under Subsection   (b), if it is shown on the trial of the offense that the person has   been previously convicted twice of an offense under Section 21.07,   21.08, 21.15, or 21.17 for which the punishment was increased under   Subsection (b), the category of punishment for the offense is   increased to a higher category of offense as follows:                (1)  a Class C misdemeanor is increased to a Class A   misdemeanor;                (2)  a Class B misdemeanor is increased to a state jail   felony;                (3)  a Class A misdemeanor is increased to a felony of   the third degree; and                (4)  a state jail felony is increased to a felony of the   second degree.          (d)  If the punishment scheme for an offense under Section   21.07, 21.08, 21.15, or 21.17 contains a specific enhancement   provision increasing punishment to a higher minimum term of   punishment than the minimum term required by the applicable higher   category of offense prescribed by Subsection (b) or (c), the   specific enhancement provision controls over this section.          (e)  A previous conviction may be used for purposes of   enhancement under this section or under another provision of   Subchapter D, Chapter 12, but not under both this section and the   other provision.          SECTION 2.  Section 20A.02(b-1), Penal Code, is amended to   read as follows:          (b-1)  An offense under this section is a felony of the first   degree punishable by imprisonment in the Texas Department of   Criminal Justice for life or for a term of not more than 99 years or   less than 25 years if it is shown on the trial of the offense that   the actor committed the offense in a location that was:                (1)  on the premises of or within 1,000 feet of the   premises of:                      (A)  a school; or                      (B)  an institution of higher education or private   or independent institution of higher education, as defined by   Section 61.003, Education Code; or                (2)  on premises or within 1,000 feet of premises   where:                      (A)  an official school function was taking place;   or                      (B)  an event sponsored or sanctioned by the   University Interscholastic League was taking place.          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   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 4.  This Act takes effect September 1, 2023.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3553 was passed by the House on May 4,   2023, by the following vote:  Yeas 145, Nays 0, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 3553 on May 25, 2023, by the following vote:  Yeas 141, Nays 1,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3553 was passed by the Senate, with   amendments, on May 18, 2023, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor