88R14268 MEW-D     By: Bettencourt S.B. No. 1969       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for certain offenses   committed on or near the premises of a day-care center, school, or   postsecondary educational institution.          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 OR NEAR   PREMISES OF DAY-CARE CENTER, SCHOOL, OR POSTSECONDARY EDUCATIONAL   INSTITUTION. (a) In this section:                (1)  "Day-care center" has the meaning assigned by   Section 42.002, Human Resources Code.                (2)  "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.                (3)  "Premises" means real property and all buildings   and appurtenances pertaining to the real property.                (4)  "School" means a public or private elementary or   secondary school.          (b)  Except as provided by Subsection (c), if it is shown on   the trial of an offense under Chapter 21 that the offense was   committed in a location that was on the premises of or within 1,500   feet of the premises of a day-care center, school, or postsecondary   educational institution, the category of punishment under that   chapter 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;                (4)  a state jail felony is increased to a felony of the   third degree;                (5)  a felony of the third degree is increased to a   felony of the second degree; and                (6)  a felony of the second degree is increased to a   felony of the first 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 Chapter 21 for   which the punishment was increased under Subsection (b), the   category of punishment under that chapter 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;                (4)  a state jail felony is increased to a felony of the   second degree; and                (5)  a felony of the third degree or second degree is   increased to a felony of the first degree.          (d)  If the punishment scheme for an offense under Chapter 21   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.  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 3.  This Act takes effect September 1, 2023.