Texas 2015 - 84th Regular

Texas House Bill HB2165 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R21709 JSC-D
2	2	By: Simpson H.B. No. 2165
3	3	Substitute the following for H.B. No. 2165:
4	4	By: Herrero C.S.H.B. No. 2165
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to repealing marihuana offenses; prohibiting the sale or
10	10	distribution of marihuana to a minor; creating criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The following provisions are repealed:
13	13	(1) Article 13.22, Code of Criminal Procedure;
14	14	(2) Sections 481.002(26), 481.120, and 481.121,
15	15	Health and Safety Code; and
16	16	(3) Sections 159.001(4) and 159.101(e), Tax Code.
17	17	SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
18	18	amended to read as follows:
19	19	(d) Subsection (c) applies only to a person charged with
20	20	committing an offense under:
21	21	(1) [Section 481.121, Health and Safety Code, if the
22	22	offense is punishable under Subsection (b)(1) or (2) of that
23	23	section;
24	24	[(1-a)] Section 481.1161, Health and Safety Code, if
25	25	the offense is punishable under Subsection (b)(1) or (2) of that
26	26	section;
27	27	(2) Section 28.03, Penal Code, if the offense is
28	28	punishable under Subsection (b)(2) of that section;
29	29	(3) Section 28.08, Penal Code, if the offense is
30	30	punishable under Subsection (b)(1) of that section;
31	31	(4) Section 31.03, Penal Code, if the offense is
32	32	punishable under Subsection (e)(2)(A) of that section;
33	33	(5) Section 31.04, Penal Code, if the offense is
34	34	punishable under Subsection (e)(2) of that section;
35	35	(6) Section 38.114, Penal Code, if the offense is
36	36	punishable as a Class B misdemeanor; or
37	37	(7) Section 521.457, Transportation Code.
38	38	SECTION 3. Article 15.27(h), Code of Criminal Procedure, is
39	39	amended to read as follows:
40	40	(h) This article applies to any felony offense and the
41	41	following misdemeanors:
42	42	(1) an offense under Section 20.02, 21.08, 22.01,
43	43	22.05, 22.07, or 71.02, Penal Code;
44	44	(2) the unlawful use, sale, or possession of a
45	45	controlled substance or [,] drug paraphernalia, [or marihuana,] as
46	46	defined by Chapter 481, Health and Safety Code; or
47	47	(3) the unlawful possession of any of the weapons or
48	48	devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
49	49	weapon listed as a prohibited weapon under Section 46.05, Penal
50	50	Code.
51	51	SECTION 4. Section 4, Article 18.20, Code of Criminal
52	52	Procedure, is amended to read as follows:
53	53	Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE
54	54	AUTHORIZED. A judge of competent jurisdiction may issue an order
55	55	authorizing interception of wire, oral, or electronic
56	56	communications only if the prosecutor applying for the order shows
57	57	probable cause to believe that the interception will provide
58	58	evidence of the commission of:
59	59	(1) a felony under Section 19.02, 19.03, or 43.26,
60	60	Penal Code;
61	61	(2) a felony under:
62	62	(A) Chapter 481, Health and Safety Code[, other
63	63	than felony possession of marihuana];
64	64	(B) Section 485.032, Health and Safety Code; or
65	65	(C) Chapter 483, Health and Safety Code;
66	66	(3) an offense under Section 20.03 or 20.04, Penal
67	67	Code;
68	68	(4) an offense under Chapter 20A, Penal Code;
69	69	(5) an offense under Chapter 34, Penal Code, if the
70	70	criminal activity giving rise to the proceeds involves the
71	71	commission of an offense under Title 5, Penal Code, or an offense
72	72	under federal law or the laws of another state containing elements
73	73	that are substantially similar to the elements of an offense under
74	74	Title 5;
75	75	(6) an offense under Section 38.11, Penal Code; or
76	76	(7) an attempt, conspiracy, or solicitation to commit
77	77	an offense listed in this section.
78	78	SECTION 5. Section 15(a)(1), Article 42.12, Code of
79	79	Criminal Procedure, is amended to read as follows:
80	80	(1) On conviction of a state jail felony under Section
81	81	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
82	82	[481.121(b)(3),] or 481.129(g)(1), Health and Safety Code, that is
83	83	punished under Section 12.35(a), Penal Code, the judge shall
84	84	suspend the imposition of the sentence and place the defendant on
85	85	community supervision, unless the defendant has previously been
86	86	convicted of a felony, other than a felony punished under Section
87	87	12.44(a), Penal Code, or unless the conviction resulted from an
88	88	adjudication of the guilt of a defendant previously placed on
89	89	deferred adjudication community supervision for the offense, in
90	90	which event the judge may suspend the imposition of the sentence and
91	91	place the defendant on community supervision or may order the
92	92	sentence to be executed. The provisions of this subdivision
93	93	requiring the judge to suspend the imposition of the sentence and
94	94	place the defendant on community supervision do not apply to a
95	95	defendant who:
96	96	(A) under Section 481.1151(b)(1), Health and
97	97	Safety Code, possessed more than five abuse units of the controlled
98	98	substance; or
99	99	(B) under Section 481.1161(b)(3), Health and
100	100	Safety Code, possessed more than one pound, by aggregate weight,
101	101	including adulterants or dilutants, of the controlled substance[;
102	102	or
103	103	[(C) under Section 481.121(b)(3), Health and
104	104	Safety Code, possessed more than one pound of marihuana].
105	105	SECTION 6. Section 15(d), Article 42.12, Code of Criminal
106	106	Procedure, is amended to read as follows:
107	107	(d) A judge may impose as a condition of community
108	108	supervision that a defendant submit at the beginning of the period
109	109	of community supervision to a term of confinement in a state jail
110	110	felony facility for a term of not less than 90 days or more than 180
111	111	days, or a term of not less than 90 days or more than one year if the
112	112	defendant is convicted of an offense punishable as a state jail
113	113	felony under Section 481.112, 481.1121, or 481.113, [or 481.120,]
114	114	Health and Safety Code. A judge may not require a defendant to
115	115	submit to both the term of confinement authorized by this
116	116	subsection and a term of confinement under Section 5 or 12 of this
117	117	article. For the purposes of this subsection, a defendant
118	118	previously has been convicted of a felony regardless of whether the
119	119	sentence for the previous conviction was actually imposed or was
120	120	probated and suspended.
121	121	SECTION 7. Section 37.006(a), Education Code, is amended to
122	122	read as follows:
123	123	(a) A student shall be removed from class and placed in a
124	124	disciplinary alternative education program as provided by Section
125	125	37.008 if the student:
126	126	(1) engages in conduct involving a public school that
127	127	contains the elements of the offense of false alarm or report under
128	128	Section 42.06, Penal Code, or terroristic threat under Section
129	129	22.07, Penal Code; or
130	130	(2) commits the following on or within 300 feet of
131	131	school property, as measured from any point on the school's real
132	132	property boundary line, or while attending a school-sponsored or
133	133	school-related activity on or off of school property:
134	134	(A) engages in conduct punishable as a felony;
135	135	(B) engages in conduct that contains the elements
136	136	of the offense of assault under Section 22.01(a)(1), Penal Code;
137	137	(C) sells, gives, or delivers to another person
138	138	or possesses or uses or is under the influence of:
139	139	(i) [marihuana or] a controlled substance,
140	140	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
141	141	Section 801 et seq.; or
142	142	(ii) a dangerous drug, as defined by
143	143	Chapter 483, Health and Safety Code;
144	144	(D) sells, gives, or delivers to another person
145	145	an alcoholic beverage, as defined by Section 1.04, Alcoholic
146	146	Beverage Code, commits a serious act or offense while under the
147	147	influence of alcohol, or possesses, uses, or is under the influence
148	148	of an alcoholic beverage;
149	149	(E) engages in conduct that contains the elements
150	150	of an offense relating to an abusable volatile chemical under
151	151	Sections 485.031 through 485.034, Health and Safety Code; or
152	152	(F) engages in conduct that contains the elements
153	153	of the offense of public lewdness under Section 21.07, Penal Code,
154	154	or indecent exposure under Section 21.08, Penal Code.
155	155	SECTION 8. Section 37.007(b), Education Code, is amended to
156	156	read as follows:
157	157	(b) A student may be expelled if the student:
158	158	(1) engages in conduct involving a public school that
159	159	contains the elements of the offense of false alarm or report under
160	160	Section 42.06, Penal Code, or terroristic threat under Section
161	161	22.07, Penal Code;
162	162	(2) while on or within 300 feet of school property, as
163	163	measured from any point on the school's real property boundary
164	164	line, or while attending a school-sponsored or school-related
165	165	activity on or off of school property:
166	166	(A) sells, gives, or delivers to another person
167	167	or possesses, uses, or is under the influence of any amount of:
168	168	(i) [marihuana or] a controlled substance,
169	169	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
170	170	Section 801 et seq.;
171	171	(ii) a dangerous drug, as defined by
172	172	Chapter 483, Health and Safety Code; or
173	173	(iii) an alcoholic beverage, as defined by
174	174	Section 1.04, Alcoholic Beverage Code;
175	175	(B) engages in conduct that contains the elements
176	176	of an offense relating to an abusable volatile chemical under
177	177	Sections 485.031 through 485.034, Health and Safety Code;
178	178	(C) engages in conduct that contains the elements
179	179	of an offense under Section 22.01(a)(1), Penal Code, against a
180	180	school district employee or a volunteer as defined by Section
181	181	22.053; or
182	182	(D) engages in conduct that contains the elements
183	183	of the offense of deadly conduct under Section 22.05, Penal Code;
184	184	(3) subject to Subsection (d), while within 300 feet
185	185	of school property, as measured from any point on the school's real
186	186	property boundary line:
187	187	(A) engages in conduct specified by Subsection
188	188	(a); or
189	189	(B) possesses a firearm, as defined by 18 U.S.C.
190	190	Section 921;
191	191	(4) engages in conduct that contains the elements of
192	192	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
193	193	aggravated robbery under Section 29.03, Penal Code, against another
194	194	student, without regard to whether the conduct occurs on or off of
195	195	school property or while attending a school-sponsored or
196	196	school-related activity on or off of school property; or
197	197	(5) engages in conduct that contains the elements of
198	198	the offense of breach of computer security under Section 33.02,
199	199	Penal Code, if:
200	200	(A) the conduct involves accessing a computer,
201	201	computer network, or computer system owned by or operated on behalf
202	202	of a school district; and
203	203	(B) the student knowingly:
204	204	(i) alters, damages, or deletes school
205	205	district property or information; or
206	206	(ii) commits a breach of any other
207	207	computer, computer network, or computer system.
208	208	SECTION 9. Section 37.015(a), Education Code, is amended to
209	209	read as follows:
210	210	(a) The principal of a public or private primary or
211	211	secondary school, or a person designated by the principal under
212	212	Subsection (d), shall notify any school district police department
213	213	and the police department of the municipality in which the school is
214	214	located or, if the school is not in a municipality, the sheriff of
215	215	the county in which the school is located if the principal has
216	216	reasonable grounds to believe that any of the following activities
217	217	occur in school, on school property, or at a school-sponsored or
218	218	school-related activity on or off school property, whether or not
219	219	the activity is investigated by school security officers:
220	220	(1) conduct that may constitute an offense listed
221	221	under Section 508.149, Government Code;
222	222	(2) deadly conduct under Section 22.05, Penal Code;
223	223	(3) a terroristic threat under Section 22.07, Penal
224	224	Code;
225	225	(4) the use, sale, or possession of a controlled
226	226	substance or [,] drug paraphernalia [, or marihuana] under Chapter
227	227	481, Health and Safety Code;
228	228	(5) the possession of any of the weapons or devices
229	229	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
230	230	Code;
231	231	(6) conduct that may constitute a criminal offense
232	232	under Section 71.02, Penal Code; or
233	233	(7) conduct that may constitute a criminal offense for
234	234	which a student may be expelled under Section 37.007(a), (d), or
235	235	(e).
236	236	SECTION 10. Section 37.016, Education Code, is amended to
237	237	read as follows:
238	238	Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
239	239	teacher, school administrator, or school employee is not liable in
240	240	civil damages for reporting to a school administrator or
241	241	governmental authority, in the exercise of professional judgment
242	242	within the scope of the teacher's, administrator's, or employee's
243	243	duties, a student whom the teacher suspects of using, passing, or
244	244	selling, on school property:
245	245	(1) [marihuana or] a controlled substance, as defined
246	246	by Chapter 481, Health and Safety Code;
247	247	(2) a dangerous drug, as defined by Chapter 483,
248	248	Health and Safety Code;
249	249	(3) an abusable glue or aerosol paint, as defined by
250	250	Chapter 485, Health and Safety Code, or a volatile chemical, as
251	251	listed in Chapter 485 [484], Health and Safety Code, if the
252	252	substance is used or sold for the purpose of inhaling its fumes or
253	253	vapors; or
254	254	(4) an alcoholic beverage, as defined by Section 1.04,
255	255	Alcoholic Beverage Code.
256	256	SECTION 11. Section 76.017(b), Government Code, is amended
257	257	to read as follows:
258	258	(b) The program must:
259	259	(1) include automatic screening and evaluation of a
260	260	person arrested for an offense, other than a Class C misdemeanor, in
261	261	which an element of the offense is the use or possession of alcohol
262	262	or the use, possession, or sale of a controlled substance [or
263	263	marihuana];
264	264	(2) include automatic screening and evaluation of a
265	265	person arrested for an offense, other than a Class C misdemeanor, in
266	266	which the use of alcohol or drugs is suspected to have significantly
267	267	contributed to the offense for which the individual has been
268	268	arrested;
269	269	(3) coordinate the evaluation and referral to
270	270	treatment services; and
271	271	(4) make referrals for the appropriate treatment of a
272	272	person determined to be in need of treatment, including referrals
273	273	to a community corrections facility as defined by Section 509.001.
274	274	SECTION 12. Section 123.002, Government Code, is amended to
275	275	read as follows:
276	276	Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
277	277	commissioners court of a county or governing body of a municipality
278	278	may establish the following types of drug court programs:
279	279	(1) drug courts for persons arrested for, charged
280	280	with, or convicted of:
281	281	(A) an offense in which an element of the offense
282	282	is the use or possession of alcohol or the use, possession, or sale
283	283	of a controlled substance or [,] a controlled substance analogue [,
284	284	or marihuana]; or
285	285	(B) an offense in which the use of alcohol or a
286	286	controlled substance is suspected to have significantly
287	287	contributed to the commission of the offense and the offense did not
288	288	involve:
289	289	(i) carrying, possessing, or using a
290	290	firearm or other dangerous weapon;
291	291	(ii) the use of force against the person of
292	292	another; or
293	293	(iii) the death of or serious bodily injury
294	294	to another;
295	295	(2) drug courts for juveniles detained for, taken into
296	296	custody for, or adjudicated as having engaged in:
297	297	(A) delinquent conduct, including habitual
298	298	felony conduct, or conduct indicating a need for supervision in
299	299	which an element of the conduct is the use or possession of alcohol
300	300	or the use, possession, or sale of a controlled substance or [,] a
301	301	controlled substance analogue [, or marihuana]; or
302	302	(B) delinquent conduct, including habitual
303	303	felony conduct, or conduct indicating a need for supervision in
304	304	which the use of alcohol or a controlled substance is suspected to
305	305	have significantly contributed to the commission of the conduct and
306	306	the conduct did not involve:
307	307	(i) carrying, possessing, or using a
308	308	firearm or other dangerous weapon;
309	309	(ii) the use of force against the person of
310	310	another; or
311	311	(iii) the death of or serious bodily injury
312	312	to another;
313	313	(3) reentry drug courts for persons with a
314	314	demonstrated history of using alcohol or a controlled substance who
315	315	may benefit from a program designed to facilitate the person's
316	316	transition and reintegration into the community on release from a
317	317	state or local correctional facility;
318	318	(4) family dependency drug treatment courts for family
319	319	members involved in a suit affecting the parent-child relationship
320	320	in which a parent's use of alcohol or a controlled substance is a
321	321	primary consideration in the outcome of the suit; or
322	322	(5) programs for other persons not precisely described
323	323	by Subdivisions (1)-(4) who may benefit from a program that has the
324	324	essential characteristics described by Section 123.001.
325	325	SECTION 13. Chapter 161, Health and Safety Code, is amended
326	326	by adding Subchapter I to read as follows:
327	327	SUBCHAPTER I. SALE OR DISTRIBUTION OF MARIHUANA TO MINORS
328	328	Sec. 161.091. DEFINITIONS. In this subchapter:
329	329	(1) "Marihuana" means the plant Cannabis sativa L.,
330	330	whether growing or not, the seeds of that plant, and every compound,
331	331	manufacture, salt, derivative, mixture, or preparation of that
332	332	plant or its seeds. The term does not include:
333	333	(A) the resin extracted from a part of the plant
334	334	or a compound, manufacture, salt, derivative, mixture, or
335	335	preparation of the resin;
336	336	(B) the mature stalks of the plant or fiber
337	337	produced from the stalks;
338	338	(C) oil or cake made from the seeds of the plant;
339	339	(D) a compound, manufacture, salt, derivative,
340	340	mixture, or preparation of the mature stalks, fiber, oil, or cake;
341	341	or
342	342	(E) the sterilized seeds of the plant that are
343	343	incapable of beginning germination.
344	344	(2) "Minor" means a person younger than 18 years of
345	345	age.
346	346	Sec. 161.092. SALE OR DISTRIBUTION OF MARIHUANA TO MINORS
347	347	PROHIBITED; PROOF OF AGE REQUIRED. (a) A person commits an offense
348	348	if the person, with criminal negligence:
349	349	(1) sells, gives, or causes to be sold or given
350	350	marihuana to a minor; or
351	351	(2) sells, gives, or causes to be sold or given
352	352	marihuana to another person who intends to deliver it to a minor.
353	353	(b) If an offense under this section occurs in connection
354	354	with a sale by an employee of the owner of a store in which marihuana
355	355	is sold at retail, the employee is criminally responsible for the
356	356	offense and is subject to prosecution.
357	357	(c) An offense under this section is a Class C misdemeanor.
358	358	(d) It is a defense to prosecution under Subsection (a)(1)
359	359	that the person to whom the marihuana was sold or given presented to
360	360	the defendant apparently valid proof of identification.
361	361	(e) A proof of identification satisfies the requirements of
362	362	Subsection (d) if it contains a physical description and photograph
363	363	consistent with the person's appearance, purports to establish that
364	364	the person is 18 years of age or older, and was issued by a
365	365	governmental agency. The proof of identification may include a
366	366	driver's license issued by this state or another state, a passport,
367	367	or an identification card issued by a state or the federal
368	368	government.
369	369	(f) There is a presumption that the defendant was presented
370	370	with an apparently valid proof of identification if the defendant
371	371	shows that a transaction scan device, as defined by Section
372	372	161.0825, used at the time the marihuana was sold or given,
373	373	confirmed that the proof of identification was valid.
374	374	(g) It is an exception to the application of this section
375	375	that the actor providing marihuana to the minor was the minor's
376	376	parent or guardian, and the parent or guardian directly supervised
377	377	the minor's possession or use of the marihuana.
378	378	Sec. 161.093. NOTIFICATION OF EMPLOYEES AND AGENTS. (a)
379	379	Each retailer shall notify each individual employed by that
380	380	retailer who is to be engaged in retail sales of marihuana that
381	381	state law prohibits the sale or distribution of marihuana to any
382	382	person who is younger than 18 years of age as provided by Section
383	383	161.092 and that a violation of that section is a Class C
384	384	misdemeanor.
385	385	(b) The notice required by Subsection (a) must be provided
386	386	within 72 hours of the date an individual begins to engage in retail
387	387	sales of marihuana. The individual shall signify that the
388	388	individual has received the notice required by Subsection (a) by
389	389	signing a form stating that the law has been fully explained, that
390	390	the individual understands the law, and that the individual, as a
391	391	condition of employment, agrees to comply with the law.
392	392	(c) Each form signed by an individual under this section
393	393	shall indicate the date of the signature and the current address of
394	394	the individual. The retailer shall retain the form signed by each
395	395	individual employed as a retail sales clerk until the 60th day after
396	396	the date the individual has left the employer's employ.
397	397	(d) A retailer required by this section to notify employees
398	398	commits an offense if the retailer fails, on demand of a peace
399	399	officer or an agent of the comptroller, to provide the forms
400	400	prescribed by this section. An offense under this section is a
401	401	Class C misdemeanor.
402	402	(e) It is a defense to prosecution under Subsection (d) to
403	403	show proof that the employee did complete, sign, and date the forms
404	404	required by Subsections (b) and (c). Proof must be shown to the
405	405	comptroller or an agent of the comptroller not later than the
406	406	seventh day after the date of a demand under Subsection (d).
407	407	Sec. 161.094. VENDOR ASSISTED SALES REQUIRED; VENDING
408	408	MACHINES. (a) Except as provided by Subsection (b), a retailer or
409	409	other person may not:
410	410	(1) offer marihuana for sale in a manner that permits a
411	411	customer direct access to the marihuana; or
412	412	(2) install or maintain a vending machine containing
413	413	marihuana.
414	414	(b) Subsection (a) does not apply to a facility or business
415	415	that is not open to minors at any time.
416	416	(c) A person commits an offense if the person violates
417	417	Subsection (a). An offense under this subsection is a Class C
418	418	misdemeanor.
419	419	Sec. 161.095. DISTRIBUTION OF MARIHUANA. (a) A person may
420	420	not distribute to a minor:
421	421	(1) a free sample of marihuana; or
422	422	(2) a coupon or other item that the recipient may use
423	423	to receive free or discounted marihuana or a sample of marihuana.
424	424	(b) A person may not accept or redeem, offer to accept or
425	425	redeem, or hire a person to accept or redeem a coupon or other item
426	426	that the recipient may use to receive free or discounted marihuana
427	427	or a sample of marihuana if the recipient is a minor.
428	428	(c) A person commits an offense if the person violates this
429	429	section. An offense under this subsection is a Class C misdemeanor.
430	430	Sec. 161.096. ENFORCEMENT. (a) The comptroller shall
431	431	enforce this subchapter in partnership with local law enforcement
432	432	agencies.
433	433	(b) The comptroller may make block grants to counties and
434	434	municipalities to be used by local law enforcement agencies to
435	435	enforce this subchapter in a manner that can reasonably be expected
436	436	to reduce the extent to which marihuana is sold or distributed to
437	437	minors. The comptroller shall rely, to the fullest extent
438	438	possible, on local law enforcement agencies to enforce this
439	439	subchapter.
440	440	(c) To facilitate the effective administration and
441	441	enforcement of this subchapter, the comptroller may enter into
442	442	interagency contracts with other state agencies, and those agencies
443	443	may assist the comptroller in the administration and enforcement of
444	444	this subchapter.
445	445	(d) The use of a minor to act as a minor decoy to test
446	446	compliance with this subchapter shall be conducted in a fashion
447	447	that promotes fairness. A person may be enlisted by the comptroller
448	448	or a local law enforcement agency to act as a decoy only if the
449	449	following requirements are met:
450	450	(1) written parental consent is obtained for the use
451	451	of a minor to act as a decoy to test compliance with this
452	452	subchapter;
453	453	(2) at the time of the inspection, the decoy is younger
454	454	than 17 years of age;
455	455	(3) the decoy has an appearance that would cause a
456	456	reasonably prudent seller of marihuana to request identification
457	457	and proof of age;
458	458	(4) the decoy carries either the minor's own
459	459	identification showing the minor's correct date of birth or carries
460	460	no identification, and a decoy who carries identification presents
461	461	it on request to any seller of marihuana; and
462	462	(5) the decoy answers truthfully any questions about
463	463	the minor's age.
464	464	Sec. 161.097. REPORTS OF VIOLATION. A local or state law
465	465	enforcement agency or other governmental unit shall notify the
466	466	comptroller, on the 10th day of each month, or the first working day
467	467	after that date, of any violation of this subchapter that occurred
468	468	in the preceding month that the agency or unit detects,
469	469	investigates, or prosecutes.
470	470	SECTION 14. Sections 481.002(17) and (25), Health and
471	471	Safety Code, are amended to read as follows:
472	472	(17) "Drug paraphernalia" means equipment, a product,
473	473	or material that is used or intended for use in planting,
474	474	propagating, cultivating, growing, harvesting, manufacturing,
475	475	compounding, converting, producing, processing, preparing,
476	476	testing, analyzing, packaging, repackaging, storing, containing,
477	477	or concealing a controlled substance in violation of this chapter
478	478	or in injecting, ingesting, inhaling, or otherwise introducing into
479	479	the human body a controlled substance in violation of this chapter.
480	480	The term includes:
481	481	(A) a kit used or intended for use in planting,
482	482	propagating, cultivating, growing, or harvesting a species of plant
483	483	that is a controlled substance or from which a controlled substance
484	484	may be derived;
485	485	(B) a material, compound, mixture, preparation,
486	486	or kit used or intended for use in manufacturing, compounding,
487	487	converting, producing, processing, or preparing a controlled
488	488	substance;
489	489	(C) an isomerization device used or intended for
490	490	use in increasing the potency of a species of plant that is a
491	491	controlled substance;
492	492	(D) testing equipment used or intended for use in
493	493	identifying or in analyzing the strength, effectiveness, or purity
494	494	of a controlled substance;
495	495	(E) a scale or balance used or intended for use in
496	496	weighing or measuring a controlled substance;
497	497	(F) a dilutant or adulterant, such as quinine
498	498	hydrochloride, mannitol, inositol, nicotinamide, dextrose,
499	499	lactose, or absorbent, blotter-type material, that is used or
500	500	intended to be used to increase the amount or weight of or to
501	501	transfer a controlled substance regardless of whether the dilutant
502	502	or adulterant diminishes the efficacy of the controlled substance;
503	503	(G) [a separation gin or sifter used or intended
504	504	for use in removing twigs and seeds from or in otherwise cleaning or
505	505	refining marihuana;
506	506	[(H)] a blender, bowl, container, spoon, or
507	507	mixing device used or intended for use in compounding a controlled
508	508	substance;
509	509	(H) [(I)] a capsule, balloon, envelope, or other
510	510	container used or intended for use in packaging small quantities of
511	511	a controlled substance;
512	512	(I) [(J)] a container or other object used or
513	513	intended for use in storing or concealing a controlled substance;
514	514	(J) [(K)] a hypodermic syringe, needle, or other
515	515	object used or intended for use in parenterally injecting a
516	516	controlled substance into the human body; and
517	517	(K) [(L)] an object used or intended for use in
518	518	ingesting, inhaling, or otherwise introducing [marihuana,]
519	519	cocaine, hashish, or hashish oil into the human body, including:
520	520	(i) a metal, wooden, acrylic, glass, stone,
521	521	plastic, or ceramic pipe with or without a screen, permanent
522	522	screen, hashish head, or punctured metal bowl;
523	523	(ii) a water pipe;
524	524	(iii) a carburetion tube or device;
525	525	(iv) a smoking or carburetion mask;
526	526	(v) a chamber pipe;
527	527	(vi) a carburetor pipe;
528	528	(vii) an electric pipe;
529	529	(viii) an air-driven pipe;
530	530	(ix) a chillum;
531	531	(x) a bong; or
532	532	(xi) an ice pipe or chiller.
533	533	(25) "Manufacture" means the production, preparation,
534	534	propagation, compounding, conversion, or processing of a
535	535	controlled substance [other than marihuana], directly or
536	536	indirectly by extraction from substances of natural origin,
537	537	independently by means of chemical synthesis, or by a combination
538	538	of extraction and chemical synthesis, and includes the packaging or
539	539	repackaging of the substance or labeling or relabeling of its
540	540	container. However, the term does not include the preparation,
541	541	compounding, packaging, or labeling of a controlled substance:
542	542	(A) by a practitioner as an incident to the
543	543	practitioner's administering or dispensing a controlled substance
544	544	in the course of professional practice; or
545	545	(B) by a practitioner, or by an authorized agent
546	546	under the supervision of the practitioner, for or as an incident to
547	547	research, teaching, or chemical analysis and not for delivery.
548	548	SECTION 15. Section 481.111(c), Health and Safety Code, is
549	549	amended to read as follows:
550	550	(c) A person does not violate Section 481.113, 481.116,
551	551	481.1161, [481.121,] or 481.125 if the person possesses or delivers
552	552	tetrahydrocannabinols or their derivatives, or drug paraphernalia
553	553	to be used to introduce tetrahydrocannabinols or their derivatives
554	554	into the human body, for use in a federally approved therapeutic
555	555	research program.
556	556	SECTION 16. The heading to Section 481.122, Health and
557	557	Safety Code, is amended to read as follows:
558	558	Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR
559	559	MARIHUANA] TO CHILD.
560	560	SECTION 17. Sections 481.122(a) and (b), Health and Safety
561	561	Code, are amended to read as follows:
562	562	(a) A person commits an offense if the person knowingly
563	563	delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
564	564	or 3 [or knowingly delivers marihuana] and the person delivers the
565	565	controlled substance [or marihuana] to a person:
566	566	(1) who is a child;
567	567	(2) who is enrolled in a public or private primary or
568	568	secondary school; or
569	569	(3) who the actor knows or believes intends to deliver
570	570	the controlled substance [or marihuana] to a person described by
571	571	Subdivision (1) or (2).
572	572	(b) It is an affirmative defense to prosecution under this
573	573	section that[:
574	574	[(1)] the actor was a child when the offense was
575	575	committed[; or
576	576	[(2) the actor:
577	577	[(A) was younger than 21 years of age when the
578	578	offense was committed;
579	579	[(B) delivered only marihuana in an amount equal
580	580	to or less than one-fourth ounce; and
581	581	[(C) did not receive remuneration for the
582	582	delivery].
583	583	SECTION 18. Section 481.126, Health and Safety Code, is
584	584	amended to read as follows:
585	585	Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
586	586	INVESTMENT. (a) A person commits an offense if the person:
587	587	(1) barters property or expends funds the person knows
588	588	are derived from the commission of an offense under this chapter
589	589	punishable by imprisonment in the Texas Department of Criminal
590	590	Justice for life; or
591	591	(2) [barters property or expends funds the person
592	592	knows are derived from the commission of an offense under Section
593	593	481.121(a) that is punishable under Section 481.121(b)(5);
594	594	[(3)] barters property or finances or invests funds
595	595	the person knows or believes are intended to further the commission
596	596	of an offense for which the punishment is described by Subdivision
597	597	(1)[; or
598	598	[(4) barters property or finances or invests funds the
599	599	person knows or believes are intended to further the commission of
600	600	an offense under Section 481.121(a) that is punishable under
601	601	Section 481.121(b)(5)].
602	602	(b) An offense under Subsection (a) [(a)(1) or (3)] is a
603	603	felony of the first degree. [An offense under Subsection (a)(2) or
604	604	(4) is a felony of the second degree.]
605	605	SECTION 19. Section 481.133(c), Health and Safety Code, is
606	606	amended to read as follows:
607	607	(c) In this section, "drug test" means a lawfully
608	608	administered test designed to detect the presence of a controlled
609	609	substance [or marihuana].
610	610	SECTION 20. Sections 481.134(b), (c), (d), (e), and (f),
611	611	Health and Safety Code, are amended to read as follows:
612	612	(b) An offense otherwise punishable as a state jail felony
613	613	under Section 481.112, 481.113, or 481.114 [, or 481.120] is
614	614	punishable as a felony of the third degree, and an offense otherwise
615	615	punishable as a felony of the second degree under any of those
616	616	sections is punishable as a felony of the first degree, if it is
617	617	shown at the punishment phase of the trial of the offense that the
618	618	offense was committed:
619	619	(1) in, on, or within 1,000 feet of premises owned,
620	620	rented, or leased by an institution of higher learning, the
621	621	premises of a public or private youth center, or a playground; or
622	622	(2) in, on, or within 300 feet of the premises of a
623	623	public swimming pool or video arcade facility.
624	624	(c) The minimum term of confinement or imprisonment for an
625	625	offense otherwise punishable under Section 481.112(c), (d), (e), or
626	626	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
627	627	481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
628	628	(6), 481.117(c), (d), or (e), or 481.118(c), (d), or (e) [,
629	629	481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6)] is
630	630	increased by five years and the maximum fine for the offense is
631	631	doubled if it is shown on the trial of the offense that the offense
632	632	was committed:
633	633	(1) in, on, or within 1,000 feet of the premises of a
634	634	school, the premises of a public or private youth center, or a
635	635	playground; or
636	636	(2) on a school bus.
637	637	(d) An offense otherwise punishable under Section
638	638	481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), or
639	639	481.1161(b)(3) [, 481.120(b)(3), or 481.121(b)(3)] is a felony of
640	640	the third degree if it is shown on the trial of the offense that the
641	641	offense was committed:
642	642	(1) in, on, or within 1,000 feet of any real property
643	643	that is owned, rented, or leased to a school or school board, the
644	644	premises of a public or private youth center, or a playground; or
645	645	(2) on a school bus.
646	646	(e) An offense otherwise punishable under Section
647	647	481.117(b) or [,] 481.119(a) [, 481.120(b)(2), or 481.121(b)(2)] is
648	648	a state jail felony if it is shown on the trial of the offense that
649	649	the offense was committed:
650	650	(1) in, on, or within 1,000 feet of any real property
651	651	that is owned, rented, or leased to a school or school board, the
652	652	premises of a public or private youth center, or a playground; or
653	653	(2) on a school bus.
654	654	(f) An offense otherwise punishable under Section
655	655	481.118(b) or [,] 481.119(b) [, 481.120(b)(1), or 481.121(b)(1)] is
656	656	a Class A misdemeanor if it is shown on the trial of the offense that
657	657	the offense was committed:
658	658	(1) in, on, or within 1,000 feet of any real property
659	659	that is owned, rented, or leased to a school or school board, the
660	660	premises of a public or private youth center, or a playground; or
661	661	(2) on a school bus.
662	662	SECTION 21. Section 481.140(a), Health and Safety Code, is
663	663	amended to read as follows:
664	664	(a) If it is shown at the punishment phase of the trial of an
665	665	offense otherwise punishable as a state jail felony, felony of the
666	666	third degree, or felony of the second degree under Section 481.112,
667	667	481.1121, 481.113, 481.114, [481.120,] or 481.122 that the
668	668	defendant used or attempted to use a child younger than 18 years of
669	669	age to commit or assist in the commission of the offense, the
670	670	punishment is increased by one degree, unless the defendant used or
671	671	threatened to use force against the child or another to gain the
672	672	child's assistance, in which event the punishment for the offense
673	673	is a felony of the first degree.
674	674	SECTION 22. Section 31.0031(d), Human Resources Code, as
675	675	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
676	676	2015, is amended to read as follows:
677	677	(d) The responsibility agreement shall require that:
678	678	(1) the parent of a dependent child cooperate with the
679	679	commission and the Title IV-D agency if necessary to establish the
680	680	paternity of the dependent child and to establish or enforce child
681	681	support;
682	682	(2) if adequate and accessible providers of the
683	683	services are available in the geographic area and subject to the
684	684	availability of funds, each dependent child, as appropriate,
685	685	complete early and periodic screening, diagnosis, and treatment
686	686	checkups on schedule and receive the immunization series prescribed
687	687	by Section 161.004, Health and Safety Code, unless the child is
688	688	exempt under that section;
689	689	(3) each adult recipient, or teen parent recipient who
690	690	has completed the requirements regarding school attendance in
691	691	Subdivision (6), not voluntarily terminate paid employment of at
692	692	least 30 hours each week without good cause in accordance with rules
693	693	adopted by the executive commissioner;
694	694	(4) each adult recipient for whom a needs assessment
695	695	is conducted participate in an activity to enable that person to
696	696	become self-sufficient by:
697	697	(A) continuing the person's education or
698	698	becoming literate;
699	699	(B) entering a job placement or employment skills
700	700	training program;
701	701	(C) serving as a volunteer in the person's
702	702	community; or
703	703	(D) serving in a community work program or other
704	704	work program approved by the commission;
705	705	(5) each caretaker relative or parent receiving
706	706	assistance not use, sell, or possess [marihuana or] a controlled
707	707	substance in violation of Chapter 481, Health and Safety Code, or
708	708	abuse alcohol;
709	709	(6) each dependent child younger than 18 years of age
710	710	or teen parent younger than 19 years of age attend school regularly,
711	711	unless the child has a high school diploma or high school
712	712	equivalency certificate or is specifically exempted from school
713	713	attendance under Section 25.086, Education Code;
714	714	(7) each recipient comply with commission rules
715	715	regarding proof of school attendance; and
716	716	(8) each recipient attend appropriate parenting
717	717	skills training classes, as determined by the needs assessment.
718	718	SECTION 23. Section 1355.006, Insurance Code, is amended to
719	719	read as follows:
720	720	Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
721	721	CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. (a) In this
722	722	section, "controlled substance" has [and "marihuana" have] the
723	723	meaning [meanings] assigned by Section 481.002, Health and Safety
724	724	Code.
725	725	(b) This subchapter does not require a group health benefit
726	726	plan to provide coverage for the treatment of:
727	727	(1) addiction to a controlled substance [or marihuana]
728	728	that is used in violation of law; or
729	729	(2) mental illness that results from the use of a
730	730	controlled substance [or marihuana] in violation of law.
731	731	SECTION 24. Section 71.023(a), Penal Code, is amended to
732	732	read as follows:
733	733	(a) A person commits an offense if the person, as part of the
734	734	identifiable leadership of a criminal street gang, knowingly
735	735	finances, directs, or supervises the commission of, or a conspiracy
736	736	to commit, one or more of the following offenses by members of a
737	737	criminal street gang:
738	738	(1) a felony offense that is listed in Section
739	739	3g(a)(1), Article 42.12, Code of Criminal Procedure;
740	740	(2) a felony offense for which it is shown that a
741	741	deadly weapon, as defined by Section 1.07, was used or exhibited
742	742	during the commission of the offense or during immediate flight
743	743	from the commission of the offense; or
744	744	(3) an offense that is punishable under Section
745	745	481.112(e), 481.112(f), 481.1121(b)(4), or 481.115(f), [or
746	746	481.120(b)(6),] Health and Safety Code.
747	747	SECTION 25. Sections 159.001(3) and (7), Tax Code, are
748	748	amended to read as follows:
749	749	(3) "Dealer" means a person who in violation of the law
750	750	of this state imports into this state or manufactures, produces,
751	751	acquires, or possesses in this state:
752	752	(A) seven grams or more of a taxable substance
753	753	consisting of or containing a controlled substance, counterfeit
754	754	substance, or simulated controlled substance; or
755	755	(B) fifty dosage units or more of a taxable
756	756	substance not commonly sold by weight, consisting of or containing
757	757	a controlled substance, counterfeit substance, or simulated
758	758	controlled substance[; or
759	759	[(C) more than four ounces of a taxable substance
760	760	consisting of or containing marihuana].
761	761	(7) "Taxable substance" means a controlled substance,
762	762	a counterfeit substance, or a simulated controlled substance, [or
763	763	marihuana,] or a mixture of any materials that contains a
764	764	controlled substance, counterfeit substance, or simulated
765	765	controlled substance [, or marihuana].
766	766	SECTION 26. Section 159.004, Tax Code, is amended to read as
767	767	follows:
768	768	Sec. 159.004. NO DEFENSE OR IMMUNITY. Nothing in this
769	769	chapter provides a defense or affirmative defense to, exception to,
770	770	or immunity from prosecution under the penal laws of this state
771	771	relating to controlled substances, counterfeit substances, or
772	772	simulated controlled substances [, or marihuana].
773	773	SECTION 27. Section 159.101(b), Tax Code, is amended to
774	774	read as follows:
775	775	(b) The rate of the tax is:
776	776	(1) $200 for each gram of a taxable substance
777	777	consisting of or containing a controlled substance, counterfeit
778	778	substance, or simulated controlled substance; and
779	779	(2) [$3.50 for each gram of a taxable substance
780	780	consisting of or containing marihuana; and
781	781	[(3)] $2,000 on each 50 dosage units, or portion of 50
782	782	dosage units, if the total amount is less than 50 dosage units, of a
783	783	controlled substance that is not sold by weight.
784	784	SECTION 28. (a) An offense under Section 481.120 or
785	785	481.121, Health and Safety Code, may not be prosecuted after the
786	786	effective date of this Act. If on the effective date of this Act a
787	787	criminal action is pending for an offense under one of those
788	788	sections, the action is dismissed on that date. However, a final
789	789	conviction for an offense under one of those sections that exists on
790	790	the effective date of this Act is unaffected by this Act.
791	791	(b) The change in law made by this Act applies to an offense
792	792	under Section 481.122, 481.125, or 481.126, Health and Safety Code,
793	793	or Section 71.023, Penal Code, committed before, on, or after the
794	794	effective date of this Act, except that a final conviction for an
795	795	offense that exists on the effective date of this Act is unaffected
796	796	by this Act.
797	797	SECTION 29. This Act takes effect September 1, 2015.