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.

To prove this offense, the State must establish each of the following elements: Within 1,000 ft of school real property; Within 300 ft of youth center, public pool, or video arcade; On a school bus; Increases minimum term and fines.

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.

Elements you must prove

  • Within 1,000 ft of school real property
  • Within 300 ft of youth center, public pool, or video arcade
  • On a school bus
  • Increases minimum term and fines
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 toStatute
Felony possession in zoneIncreases minimum confinement and maximum fine§481.134(c)–(d)
Manufacture/delivery in zoneHigher minimum sentence; fine doubled (where applicable)§481.134(b)

Practice 2 questions on 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 HSC §481.134, 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: 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?

  1. Adds a Class C charge
  2. Increases the minimum term of confinement and increases the minimum/maximum fine for the underlying offense Correct
  3. Reduces the offense level
  4. 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.