| 1 | 1 | | 81R641 BEF-D |
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| 2 | 2 | | By: Dutton H.B. No. 287 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the penalty for possession of a small amount of certain |
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| 8 | 8 | | controlled substances. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 481.115(b), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) An offense under Subsection (a) is a Class A misdemeanor |
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| 13 | 13 | | [state jail felony] if the amount of the controlled substance |
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| 14 | 14 | | possessed is, by aggregate weight, including adulterants or |
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| 15 | 15 | | dilutants, less than one gram. |
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| 16 | 16 | | SECTION 2. Section 481.116(b), Health and Safety Code, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (b) An offense under Subsection (a) is a Class A misdemeanor |
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| 19 | 19 | | [state jail felony] if the amount of the controlled substance |
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| 20 | 20 | | possessed is, by aggregate weight, including adulterants or |
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| 21 | 21 | | dilutants, less than one gram. |
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| 22 | 22 | | SECTION 3. (a) The change in law made by this Act applies |
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| 23 | 23 | | only to an offense committed on or after September 1, 2009. |
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| 24 | 24 | | (b) An offense committed before September 1, 2009, is |
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| 25 | 25 | | covered by the law in effect when the offense was committed, and the |
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| 26 | 26 | | former law is continued in effect for that purpose. For purposes of |
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| 27 | 27 | | this section, an offense was committed before September 1, 2009, if |
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| 28 | 28 | | any element of the offense was committed before that date. |
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| 29 | 29 | | SECTION 4. This Act takes effect September 1, 2009. |
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