Drug Free Zones in Kerr County
The Kerr Emergency 9-1-1 Network creates and provides appropriate maps regarding specific Drug Free Zones (DFZs) in Kerr County. These maps are provided as a service to the public.
If you have any questions regarding these maps, please contact our office.
Texas Health & Safety Code: Sec. 481.134. DRUG-FREE ZONES
Sec. 481.134. DRUG-FREE ZONES.
(a) In this section:
(1) "Minor" means a person who is younger than 18 years of age.
(2) "Institution of higher education" means any public or private technical institute, junior college, senior college or university, medical or dental unit, or other agency of higher education as defined by Section 61.003, Education Code.
(3) "Playground" means any outdoor facility that is not on the premises of a school and that:
(A) is intended for recreation;
(B) is open to the public; and
(C) contains three or more play stations intended for the recreation of children, such as slides, swing sets, and teeterboards.
(4) "Premises" means real property and all buildings and appurtenances pertaining to the real property.
(5) "School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.
(6) "Video arcade facility" means any facility that:
(A) is open to the public, including persons who are 17 years of age or younger;
(B) is intended primarily for the use of pinball or video machines; and
(C) contains at least three pinball or video machines.
(7) "Youth center" means any recreational facility or gymnasium that:
(A) is intended primarily for use by persons who are 17 years of age or younger; and
(B) regularly provides athletic, civic, or cultural activities.
(b) An offense otherwise punishable as a state jail felony under Section 481.112, 481.113, 481.114, or 481.120 is punishable as a felony of the third degree, and an offense otherwise punishable as a felony of the second degree under any of those sections is punishable as a felony of the first degree, if it is shown at the punishment phase of the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility.
(c) The minimum term of confinement or imprisonment for an offense otherwise punishable under Section 481.112(c), (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five years and the maximum fine for the offense is doubled if it is shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section 481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if it is shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; or
(2) on a school bus.
(e) An offense otherwise punishable under Section 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state jail felony if it is shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; or
(2) on a school bus.
(f) An offense otherwise punishable under Section 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class A misdemeanor if it is shown on the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; or
(2) on a school bus.
(g) Subsection (f) does not apply to an offense if:
(1) the offense was committed inside a private residence; and
(2) no minor was present in the private residence at the time the offense was committed.
(h) Punishment that is increased for a conviction for an offense listed under this section may not run concurrently with punishment for a conviction under any other criminal statute.
Added by Acts 1993, 73rd Leg., ch. 888, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 260, Sec. 39, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 38, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1063, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 570, Sec. 3, eff. Sept. 1, 2003.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 452 , Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 452 , Sec. 2, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 170 , Sec. 6, eff. September 1, 2011.
Sec. 481.135. MAPS AS EVIDENCE OF LOCATION OR AREA.
(a) In a prosecution under Section 481.134, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of drug-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas.
(b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).
(c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located.(d) This section does not prevent the prosecution from:
(1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 481.134; or
(2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.
Added by Acts 1993, 73rd Leg., ch. 888, Sec. 3, eff. Sept. 1, 1993.
Amended by: Acts 2005, 79th Leg., Ch. 728 , Sec. 9.004, eff. September 1, 2005.
H.B. No. 1147
AN ACT relating to notice by a governmental entity regarding certain geospatial data products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2051, Government Code, is amended by adding Subchapter D to read as follows: SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS Sec. 2051.101. DEFINITIONS.
In this subchapter:
(1) "Geospatial data product" means a document, computer file, or Internet website that contains:
(A) geospatial data; (B) a map; or (C) information about a service involving geospatial data or a map.
(2) "Governmental entity" has the meaning assigned by Section 2051.041.
(3) "Registered professional land surveyor" has the meaning assigned by Section 1071.002, Occupations Code.
Sec. 2051.102. NOTICE REQUIRED.
(a) A governmental entity shall include a notice as provided by this subchapter on each geospatial data product that:
(1) is created or hosted by the governmental entity;
(2) appears to represent property boundaries; and
(3) was not produced using information from an on-the-ground survey conducted by or under the supervision of a registered professional land surveyor or land surveyor authorized to perform surveys under laws in effect when the survey was conducted.
(b) The notice required under Subsection (a) must be in substantially the following form: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
(c) The notice required under Subsection (a) may:
(1) include language further defining the limits of liability of a geospatial data product producer;
(2) apply to a geospatial data product that contains more than one map; or
(3) for a notice that applies to a geospatial data product that is or is on an Internet website, be included on a separate page that requires the person accessing the website to agree to the terms of the notice before accessing the geospatial data product.
Sec. 2051.103. EXEMPTION.
A governmental entity is not required to include the notice required under Section 2051.102 on a geospatial data product that:
(1) does not contain a legal description, a property boundary monument, or the distance and direction of a property line;
(2) is prepared only for use as evidence in a legal proceeding;
(3) is filed with the clerk of any court; or
(4) is filed with the county clerk.
SECTION 2.
For geospatial data products that are printed documents, Section 2051.102, Government Code, as added by this Act, applies only to a document printed on or after the effective date of this Act. A document printed before the effective date of this Act is governed by the law in effect on the date the document was printed, and the former law is continued in effect for that purpose.
SECTION 3.
This Act takes effect September 1, 2011.
