83R6855 JSC-F
By: Miller of Fort Bend H.B. No. 2498
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of delivery of marihuana
or possession with the intent to deliver marihuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.120, Health and Safety Code, is
amended to read as follows:
Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA OR POSSESSION
WITH THE INTENT TO DELIVER MARIHUANA. (a) Except as authorized by
this chapter, a person commits an offense if the person knowingly
[or intentionally] delivers or possesses with the intent to deliver
marihuana.
(b) An offense under Subsection (a) is:
(1) [a Class B misdemeanor if the amount of marihuana
delivered is one-fourth ounce or less and the person committing the
offense does not receive remuneration for the marihuana;
[(2)] a Class A misdemeanor if the amount of marihuana
[delivered] is two ounces [one-fourth ounce] or less [and the
person committing the offense receives remuneration for the
marihuana];
(2) [(3)] a state jail felony if the amount of
marihuana [delivered] is four ounces or less but more than two
ounces;
(3) a felony of the third degree if the amount of
marihuana is five pounds or less but more than four ounces
[one-fourth ounce];
(4) a felony of the second degree if the amount of
marihuana [delivered] is 50 pounds or less but more than five
pounds;
(5) a felony of the first degree if the amount of
marihuana [delivered] is 2,000 pounds or less but more than 50
pounds; and
(6) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 10 years, and a fine not to exceed $100,000, if the
amount of marihuana [delivered] is more than 2,000 pounds.
SECTION 2. Sections 481.134(d), (e), and (f), Health and
Safety Code, are amended to read as follows:
(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)(2) [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)(1) [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.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2013.