Tex. Penal Code § 71.028 · Chapter 71. ORGANIZED CRIME
GANG-FREE ZONES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section:
(1) "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code.
(2) "Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(3) "Shopping mall" means an enclosed public walkway or hall area that connects retail, service, or professional establishments.
(b) This section applies to an offense listed in Section 71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a motor vehicle, or unauthorized use of a motor vehicle.
(c) Except as provided by Subsection (d), the punishment prescribed for an offense described by Subsection (b) is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or leased by a school or school board;
(B) premises owned, rented, or leased by an institution of higher education;
(C) premises of a public or private youth center;
(D) playground; or
(E) general residential operation operating as a residential treatment center;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
(d) The punishment for an offense described by Subsection (b) may not be increased under this section if the offense is punishable under Section 71.02 as a felony of the first degree.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 26, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 27, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.71.htm
- Text hash
- sha256 a286ad5490af6518cb99c4f4ad9a54e16df8c137b2680d445b4b4fb200aa735c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Health and Safety Code
Human Resources Code
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