Texas § PE.71.028 - GANG-FREE ZONES
Full text of Texas The Texas Constitution § PE.71.028 — GANG-FREE ZONES, with citation guidance and answers to common questions.
§ PE.71.028. GANG-FREE ZONES
GANG-FREE ZONES. (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. 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: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § PE.71.028
What does The Texas Constitution § PE.71.028 cover?
Section PE.71.028 ("GANG-FREE ZONES") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PE.71.028?
A common citation format is "The Texas Constitution § PE.71.028" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PE.71.028 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.