Penal 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 zoneIncreases minimum confinement and maximum fine
Manufacture/delivery in zoneHigher minimum sentence; fine doubled (where applicable)

Learn more about this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Under §481.134, certain controlled substance offenses are enhanced when committed in a 'drug-free zone.' A drug-free zone includes premises within how many feet of a school?

  1. 100 feet
  2. 300 feet
  3. 500 feet
  4. 1,000 feet Correct
Why: A drug-free zone includes property within 1,000 feet of a school, and within 300 feet of certain other premises (youth centers, public swimming pools, video arcades). Offenses committed in these zones receive enhanced punishment ranges.
Statute: Tex. Health & Safety Code §481.134
Worked example 2

Officers detain a defendant 850 feet from an active elementary school; the defendant has 0.4 grams of cocaine. Effect on charging?

  1. No effect — drug-free zone applies only inside school buildings
  2. Drug-free zone enhancement applies (within 1,000 ft of a school) — increases minimum term and minimum/maximum fine Correct
  3. Charge is automatically reduced to a Class A misdemeanor for child proximity
  4. Drug-free zone applies only to delivery/manufacture, not simple possession
Why: A drug-free zone includes property within 1,000 feet of a school. Many drug offenses (including possession) committed in the zone receive enhanced punishment ranges. The primary offense here is still POSS CS PG 1 <1 g (state jail felony) but with §481.134 enhancement.
Statute: Tex. Health & Safety Code §481.134