Sec. 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) "Premises" has the meaning 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, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 20.002, eff. September 1, 2011.
Structure Texas Statutes
Title 10 - Offenses Against Public Health, Safety, and Morals
Section 46.02. Unlawful Carrying Weapons
Section 46.03. Places Weapons Prohibited
Section 46.035. Unlawful Carrying of Handgun by License Holder
Section 46.04. Unlawful Possession of Firearm
Section 46.041. Unlawful Possession of Metal or Body Armor by Felon
Section 46.05. Prohibited Weapons
Section 46.06. Unlawful Transfer of Certain Weapons
Section 46.07. Interstate Purchase
Section 46.09. Components of Explosives
Section 46.10. Deadly Weapon in Penal Institution
Section 46.11. Penalty if Offense Committed Within Weapon-Free School Zone
Section 46.12. Maps as Evidence of Location or Area
Section 46.13. Making a Firearm Accessible to a Child