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Texas Penal Code - Section 46.11. Penalty If Offense Committed Within Weapon-Free School Zone

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 46.11. Penalty If Offense Committed Within Weapon-Free School Zone

§ 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE 
SCHOOL ZONE.  (a) Except as provided by Subsection (b), the 
punishment prescribed for an offense under this chapter is 
increased to the punishment prescribed for the next highest 
category of offense if it is shown beyond a reasonable doubt on the 
trial of the offense that the actor committed the offense in a place 
that the actor knew was:
		(1)  within 300 feet of the premises of a school;  or                         
		(2)  on premises where:                                                       
			(A)  an official school function is taking place;  
or                      
			(B)  an event sponsored or sanctioned by the 
University Interscholastic League is taking place.
	(b)  This section does not apply to an offense under Section 
46.03(a)(1).    
	(c)  In this section:                                                          
		(1)  "Institution of higher education" and "premises" 
have the meanings assigned by Section 481.134, Health and Safety 
Code.
		(2)  "School" means a private or public elementary or 
secondary school.     

Added by Acts 1995, 74th Leg., ch. 320, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1063, § 10, eff. Sept. 1, 
1997.

Last modified: August 11, 2007