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