Health & Safety Code · §481.134
Drug-Free Zone
Drug-free zone includes property within 1,000 ft of a school (real property), within 300 ft of a youth center, public swimming pool, or video arcade, or on a school bus.
The base classification is Enhances minimum term and minimum/maximum fine, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Within 1,000 ft of school premises, an institution of higher learning, a youth center, or a playground
- Within 300 ft of a public swimming pool or video arcade
- On a school bus
- Raises the offense grade, or adds 5 years to the minimum and doubles the fine, depending on the offense
Texas Law — Charge Details
Sentence Enhancement
Offense
Drug-Free Zone
Statute
Tex. Health & Safety Code §481.134
Classification
Enhances minimum term and minimum/maximum fine
Drug-free zone includes property within 1,000 ft of a school (real property), within 300 ft of a youth center, public swimming pool, or video arcade, or on a school bus.
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to |
|---|---|
| Felony possession in zone | Increases minimum confinement and maximum fine |
| Manufacture/delivery in zone | Higher minimum sentence; fine doubled (where applicable) |
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Worked examples
Worked example 1
Under HSC §481.134, a 'drug-free zone' includes premises within how many feet of a school?
- 100 feet
- 300 feet
- 500 feet
- 1,000 feet Correct
Why: Drug-free zone: real property within 1,000 feet of a school; within 300 ft of a youth center, public swimming pool, or video arcade; or on a school bus.
Statute: Tex. Health & Safety Code §481.134
Worked example 2
What is the typical effect of a drug-free zone enhancement under §481.134?
- Adds a Class C charge
- Increases the minimum term of confinement and increases the minimum/maximum fine for the underlying offense Correct
- Reduces the offense level
- Triggers automatic deportation
Why: Enhancement adds 5 years to the minimum term and doubles the maximum fine for many felony drug offenses, with similar enhancement for misdemeanor possession.
Statute: Tex. Health & Safety Code §481.134
Statutory definitions for this topic
- Drug-free zone Tex. Health & Safety Code §481.134
- Real property within 1,000 ft of a school; within 300 ft of a youth center, public swimming pool, or video arcade; or on a school bus. Increases minimum term and minimum/maximum fine for many drug offenses.