84R21709 JSC-D
By: Simpson H.B. No. 2165
Substitute the following for H.B. No. 2165:
By: Herrero C.S.H.B. No. 2165
A BILL TO BE ENTITLED
AN ACT
relating to repealing marihuana offenses; prohibiting the sale or
distribution of marihuana to a minor; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following provisions are repealed:
(1) Article 13.22, Code of Criminal Procedure;
(2) Sections 481.002(26), 481.120, and 481.121,
Health and Safety Code; and
(3) Sections 159.001(4) and 159.101(e), Tax Code.
SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) [Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
[(1-a)] Section 481.1161, Health and Safety Code, if
the offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(1) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 3. Article 15.27(h), Code of Criminal Procedure, is
amended to read as follows:
(h) This article applies to any felony offense and the
following misdemeanors:
(1) an offense under Section 20.02, 21.08, 22.01,
22.05, 22.07, or 71.02, Penal Code;
(2) the unlawful use, sale, or possession of a
controlled substance or [,] drug paraphernalia, [or marihuana,] as
defined by Chapter 481, Health and Safety Code; or
(3) the unlawful possession of any of the weapons or
devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
weapon listed as a prohibited weapon under Section 46.05, Penal
Code.
SECTION 4. Section 4, Article 18.20, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE
AUTHORIZED. A judge of competent jurisdiction may issue an order
authorizing interception of wire, oral, or electronic
communications only if the prosecutor applying for the order shows
probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under Section 19.02, 19.03, or 43.26,
Penal Code;
(2) a felony under:
(A) Chapter 481, Health and Safety Code[, other
than felony possession of marihuana];
(B) Section 485.032, Health and Safety Code; or
(C) Chapter 483, Health and Safety Code;
(3) an offense under Section 20.03 or 20.04, Penal
Code;
(4) an offense under Chapter 20A, Penal Code;
(5) an offense under Chapter 34, Penal Code, if the
criminal activity giving rise to the proceeds involves the
commission of an offense under Title 5, Penal Code, or an offense
under federal law or the laws of another state containing elements
that are substantially similar to the elements of an offense under
Title 5;
(6) an offense under Section 38.11, Penal Code; or
(7) an attempt, conspiracy, or solicitation to commit
an offense listed in this section.
SECTION 5. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
[481.121(b)(3),] or 481.129(g)(1), Health and Safety Code, that is
punished under Section 12.35(a), Penal Code, the judge shall
suspend the imposition of the sentence and place the defendant on
community supervision, unless the defendant has previously been
convicted of a felony, other than a felony punished under Section
12.44(a), Penal Code, or unless the conviction resulted from an
adjudication of the guilt of a defendant previously placed on
deferred adjudication community supervision for the offense, in
which event the judge may suspend the imposition of the sentence and
place the defendant on community supervision or may order the
sentence to be executed. The provisions of this subdivision
requiring the judge to suspend the imposition of the sentence and
place the defendant on community supervision do not apply to a
defendant who:
(A) under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance; or
(B) under Section 481.1161(b)(3), Health and
Safety Code, possessed more than one pound, by aggregate weight,
including adulterants or dilutants, of the controlled substance[;
or
[(C) under Section 481.121(b)(3), Health and
Safety Code, possessed more than one pound of marihuana].
SECTION 6. Section 15(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A judge may impose as a condition of community
supervision that a defendant submit at the beginning of the period
of community supervision to a term of confinement in a state jail
felony facility for a term of not less than 90 days or more than 180
days, or a term of not less than 90 days or more than one year if the
defendant is convicted of an offense punishable as a state jail
felony under Section 481.112, 481.1121, or 481.113, [or 481.120,]
Health and Safety Code. A judge may not require a defendant to
submit to both the term of confinement authorized by this
subsection and a term of confinement under Section 5 or 12 of this
article. For the purposes of this subsection, a defendant
previously has been convicted of a felony regardless of whether the
sentence for the previous conviction was actually imposed or was
probated and suspended.
SECTION 7. Section 37.006(a), Education Code, is amended to
read as follows:
(a) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) [marihuana or] a controlled substance,
as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code.
SECTION 8. Section 37.007(b), Education Code, is amended to
read as follows:
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or possesses, uses, or is under the influence of any amount of:
(i) [marihuana or] a controlled substance,
as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements
of an offense under Section 22.01(a)(1), Penal Code, against a
school district employee or a volunteer as defined by Section
22.053; or
(D) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921;
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property; or
(5) engages in conduct that contains the elements of
the offense of breach of computer security under Section 33.02,
Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system.
SECTION 9. Section 37.015(a), Education Code, is amended to
read as follows:
(a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance or [,] drug paraphernalia [, or marihuana] under Chapter
481, Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; or
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a), (d), or
(e).
SECTION 10. Section 37.016, Education Code, is amended to
read as follows:
Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
teacher, school administrator, or school employee is not liable in
civil damages for reporting to a school administrator or
governmental authority, in the exercise of professional judgment
within the scope of the teacher's, administrator's, or employee's
duties, a student whom the teacher suspects of using, passing, or
selling, on school property:
(1) [marihuana or] a controlled substance, as defined
by Chapter 481, Health and Safety Code;
(2) a dangerous drug, as defined by Chapter 483,
Health and Safety Code;
(3) an abusable glue or aerosol paint, as defined by
Chapter 485, Health and Safety Code, or a volatile chemical, as
listed in Chapter 485 [484], Health and Safety Code, if the
substance is used or sold for the purpose of inhaling its fumes or
vapors; or
(4) an alcoholic beverage, as defined by Section 1.04,
Alcoholic Beverage Code.
SECTION 11. Section 76.017(b), Government Code, is amended
to read as follows:
(b) The program must:
(1) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which an element of the offense is the use or possession of alcohol
or the use, possession, or sale of a controlled substance [or
marihuana];
(2) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which the use of alcohol or drugs is suspected to have significantly
contributed to the offense for which the individual has been
arrested;
(3) coordinate the evaluation and referral to
treatment services; and
(4) make referrals for the appropriate treatment of a
person determined to be in need of treatment, including referrals
to a community corrections facility as defined by Section 509.001.
SECTION 12. Section 123.002, Government Code, is amended to
read as follows:
Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish the following types of drug court programs:
(1) drug courts for persons arrested for, charged
with, or convicted of:
(A) an offense in which an element of the offense
is the use or possession of alcohol or the use, possession, or sale
of a controlled substance or [,] a controlled substance analogue [,
or marihuana]; or
(B) an offense in which the use of alcohol or a
controlled substance is suspected to have significantly
contributed to the commission of the offense and the offense did not
involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance or [,] a
controlled substance analogue [, or marihuana]; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 123.001.
SECTION 13. Chapter 161, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. SALE OR DISTRIBUTION OF MARIHUANA TO MINORS
Sec. 161.091. DEFINITIONS. In this subchapter:
(1) "Marihuana" means the plant Cannabis sativa L.,
whether growing or not, the seeds of that plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of that
plant or its seeds. The term does not include:
(A) the resin extracted from a part of the plant
or a compound, manufacture, salt, derivative, mixture, or
preparation of the resin;
(B) the mature stalks of the plant or fiber
produced from the stalks;
(C) oil or cake made from the seeds of the plant;
(D) a compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, fiber, oil, or cake;
or
(E) the sterilized seeds of the plant that are
incapable of beginning germination.
(2) "Minor" means a person younger than 18 years of
age.
Sec. 161.092. SALE OR DISTRIBUTION OF MARIHUANA TO MINORS
PROHIBITED; PROOF OF AGE REQUIRED. (a) A person commits an offense
if the person, with criminal negligence:
(1) sells, gives, or causes to be sold or given
marihuana to a minor; or
(2) sells, gives, or causes to be sold or given
marihuana to another person who intends to deliver it to a minor.
(b) If an offense under this section occurs in connection
with a sale by an employee of the owner of a store in which marihuana
is sold at retail, the employee is criminally responsible for the
offense and is subject to prosecution.
(c) An offense under this section is a Class C misdemeanor.
(d) It is a defense to prosecution under Subsection (a)(1)
that the person to whom the marihuana was sold or given presented to
the defendant apparently valid proof of identification.
(e) A proof of identification satisfies the requirements of
Subsection (d) if it contains a physical description and photograph
consistent with the person's appearance, purports to establish that
the person is 18 years of age or older, and was issued by a
governmental agency. The proof of identification may include a
driver's license issued by this state or another state, a passport,
or an identification card issued by a state or the federal
government.
(f) There is a presumption that the defendant was presented
with an apparently valid proof of identification if the defendant
shows that a transaction scan device, as defined by Section
161.0825, used at the time the marihuana was sold or given,
confirmed that the proof of identification was valid.
(g) It is an exception to the application of this section
that the actor providing marihuana to the minor was the minor's
parent or guardian, and the parent or guardian directly supervised
the minor's possession or use of the marihuana.
Sec. 161.093. NOTIFICATION OF EMPLOYEES AND AGENTS. (a)
Each retailer shall notify each individual employed by that
retailer who is to be engaged in retail sales of marihuana that
state law prohibits the sale or distribution of marihuana to any
person who is younger than 18 years of age as provided by Section
161.092 and that a violation of that section is a Class C
misdemeanor.
(b) The notice required by Subsection (a) must be provided
within 72 hours of the date an individual begins to engage in retail
sales of marihuana. The individual shall signify that the
individual has received the notice required by Subsection (a) by
signing a form stating that the law has been fully explained, that
the individual understands the law, and that the individual, as a
condition of employment, agrees to comply with the law.
(c) Each form signed by an individual under this section
shall indicate the date of the signature and the current address of
the individual. The retailer shall retain the form signed by each
individual employed as a retail sales clerk until the 60th day after
the date the individual has left the employer's employ.
(d) A retailer required by this section to notify employees
commits an offense if the retailer fails, on demand of a peace
officer or an agent of the comptroller, to provide the forms
prescribed by this section. An offense under this section is a
Class C misdemeanor.
(e) It is a defense to prosecution under Subsection (d) to
show proof that the employee did complete, sign, and date the forms
required by Subsections (b) and (c). Proof must be shown to the
comptroller or an agent of the comptroller not later than the
seventh day after the date of a demand under Subsection (d).
Sec. 161.094. VENDOR ASSISTED SALES REQUIRED; VENDING
MACHINES. (a) Except as provided by Subsection (b), a retailer or
other person may not:
(1) offer marihuana for sale in a manner that permits a
customer direct access to the marihuana; or
(2) install or maintain a vending machine containing
marihuana.
(b) Subsection (a) does not apply to a facility or business
that is not open to minors at any time.
(c) A person commits an offense if the person violates
Subsection (a). An offense under this subsection is a Class C
misdemeanor.
Sec. 161.095. DISTRIBUTION OF MARIHUANA. (a) A person may
not distribute to a minor:
(1) a free sample of marihuana; or
(2) a coupon or other item that the recipient may use
to receive free or discounted marihuana or a sample of marihuana.
(b) A person may not accept or redeem, offer to accept or
redeem, or hire a person to accept or redeem a coupon or other item
that the recipient may use to receive free or discounted marihuana
or a sample of marihuana if the recipient is a minor.
(c) A person commits an offense if the person violates this
section. An offense under this subsection is a Class C misdemeanor.
Sec. 161.096. ENFORCEMENT. (a) The comptroller shall
enforce this subchapter in partnership with local law enforcement
agencies.
(b) The comptroller may make block grants to counties and
municipalities to be used by local law enforcement agencies to
enforce this subchapter in a manner that can reasonably be expected
to reduce the extent to which marihuana is sold or distributed to
minors. The comptroller shall rely, to the fullest extent
possible, on local law enforcement agencies to enforce this
subchapter.
(c) To facilitate the effective administration and
enforcement of this subchapter, the comptroller may enter into
interagency contracts with other state agencies, and those agencies
may assist the comptroller in the administration and enforcement of
this subchapter.
(d) The use of a minor to act as a minor decoy to test
compliance with this subchapter shall be conducted in a fashion
that promotes fairness. A person may be enlisted by the comptroller
or a local law enforcement agency to act as a decoy only if the
following requirements are met:
(1) written parental consent is obtained for the use
of a minor to act as a decoy to test compliance with this
subchapter;
(2) at the time of the inspection, the decoy is younger
than 17 years of age;
(3) the decoy has an appearance that would cause a
reasonably prudent seller of marihuana to request identification
and proof of age;
(4) the decoy carries either the minor's own
identification showing the minor's correct date of birth or carries
no identification, and a decoy who carries identification presents
it on request to any seller of marihuana; and
(5) the decoy answers truthfully any questions about
the minor's age.
Sec. 161.097. REPORTS OF VIOLATION. A local or state law
enforcement agency or other governmental unit shall notify the
comptroller, on the 10th day of each month, or the first working day
after that date, of any violation of this subchapter that occurred
in the preceding month that the agency or unit detects,
investigates, or prosecutes.
SECTION 14. Sections 481.002(17) and (25), Health and
Safety Code, are amended to read as follows:
(17) "Drug paraphernalia" means equipment, a product,
or material that is used or intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing,
or concealing a controlled substance in violation of this chapter
or in injecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance in violation of this chapter.
The term includes:
(A) a kit used or intended for use in planting,
propagating, cultivating, growing, or harvesting a species of plant
that is a controlled substance or from which a controlled substance
may be derived;
(B) a material, compound, mixture, preparation,
or kit used or intended for use in manufacturing, compounding,
converting, producing, processing, or preparing a controlled
substance;
(C) an isomerization device used or intended for
use in increasing the potency of a species of plant that is a
controlled substance;
(D) testing equipment used or intended for use in
identifying or in analyzing the strength, effectiveness, or purity
of a controlled substance;
(E) a scale or balance used or intended for use in
weighing or measuring a controlled substance;
(F) a dilutant or adulterant, such as quinine
hydrochloride, mannitol, inositol, nicotinamide, dextrose,
lactose, or absorbent, blotter-type material, that is used or
intended to be used to increase the amount or weight of or to
transfer a controlled substance regardless of whether the dilutant
or adulterant diminishes the efficacy of the controlled substance;
(G) [a separation gin or sifter used or intended
for use in removing twigs and seeds from or in otherwise cleaning or
refining marihuana;
[(H)] a blender, bowl, container, spoon, or
mixing device used or intended for use in compounding a controlled
substance;
(H) [(I)] a capsule, balloon, envelope, or other
container used or intended for use in packaging small quantities of
a controlled substance;
(I) [(J)] a container or other object used or
intended for use in storing or concealing a controlled substance;
(J) [(K)] a hypodermic syringe, needle, or other
object used or intended for use in parenterally injecting a
controlled substance into the human body; and
(K) [(L)] an object used or intended for use in
ingesting, inhaling, or otherwise introducing [marihuana,]
cocaine, hashish, or hashish oil into the human body, including:
(i) a metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipe with or without a screen, permanent
screen, hashish head, or punctured metal bowl;
(ii) a water pipe;
(iii) a carburetion tube or device;
(iv) a smoking or carburetion mask;
(v) a chamber pipe;
(vi) a carburetor pipe;
(vii) an electric pipe;
(viii) an air-driven pipe;
(ix) a chillum;
(x) a bong; or
(xi) an ice pipe or chiller.
(25) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance [other than marihuana], directly or
indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes the packaging or
repackaging of the substance or labeling or relabeling of its
container. However, the term does not include the preparation,
compounding, packaging, or labeling of a controlled substance:
(A) by a practitioner as an incident to the
practitioner's administering or dispensing a controlled substance
in the course of professional practice; or
(B) by a practitioner, or by an authorized agent
under the supervision of the practitioner, for or as an incident to
research, teaching, or chemical analysis and not for delivery.
SECTION 15. Section 481.111(c), Health and Safety Code, is
amended to read as follows:
(c) A person does not violate Section 481.113, 481.116,
481.1161, [481.121,] or 481.125 if the person possesses or delivers
tetrahydrocannabinols or their derivatives, or drug paraphernalia
to be used to introduce tetrahydrocannabinols or their derivatives
into the human body, for use in a federally approved therapeutic
research program.
SECTION 16. The heading to Section 481.122, Health and
Safety Code, is amended to read as follows:
Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR
MARIHUANA] TO CHILD.
SECTION 17. Sections 481.122(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A person commits an offense if the person knowingly
delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
or 3 [or knowingly delivers marihuana] and the person delivers the
controlled substance [or marihuana] to a person:
(1) who is a child;
(2) who is enrolled in a public or private primary or
secondary school; or
(3) who the actor knows or believes intends to deliver
the controlled substance [or marihuana] to a person described by
Subdivision (1) or (2).
(b) It is an affirmative defense to prosecution under this
section that[:
[(1)] the actor was a child when the offense was
committed[; or
[(2) the actor:
[(A) was younger than 21 years of age when the
offense was committed;
[(B) delivered only marihuana in an amount equal
to or less than one-fourth ounce; and
[(C) did not receive remuneration for the
delivery].
SECTION 18. Section 481.126, Health and Safety Code, is
amended to read as follows:
Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
INVESTMENT. (a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life; or
(2) [barters property or expends funds the person
knows are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(5);
[(3)] barters property or finances or invests funds
the person knows or believes are intended to further the commission
of an offense for which the punishment is described by Subdivision
(1)[; or
[(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(5)].
(b) An offense under Subsection (a) [(a)(1) or (3)] is a
felony of the first degree. [An offense under Subsection (a)(2) or
(4) is a felony of the second degree.]
SECTION 19. Section 481.133(c), Health and Safety Code, is
amended to read as follows:
(c) In this section, "drug test" means a lawfully
administered test designed to detect the presence of a controlled
substance [or marihuana].
SECTION 20. Sections 481.134(b), (c), (d), (e), and (f),
Health and Safety Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.113, or 481.114 [, or 481.120] is
punishable as a felony of the third degree, and an offense otherwise
punishable as a felony of the second degree under any of those
sections is punishable as a felony of the first degree, if it is
shown at the punishment phase of the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
(6), 481.117(c), (d), or (e), or 481.118(c), (d), or (e) [,
481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6)] is
increased by five years and the maximum fine for the offense is
doubled if it is shown on the trial of the offense that the offense
was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), or
481.1161(b)(3) [, 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) or [,] 481.119(a) [, 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) or [,] 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 21. Section 481.140(a), Health and Safety Code, is
amended to read as follows:
(a) If it is shown at the punishment phase of the trial of an
offense otherwise punishable as a state jail felony, felony of the
third degree, or felony of the second degree under Section 481.112,
481.1121, 481.113, 481.114, [481.120,] or 481.122 that the
defendant used or attempted to use a child younger than 18 years of
age to commit or assist in the commission of the offense, the
punishment is increased by one degree, unless the defendant used or
threatened to use force against the child or another to gain the
child's assistance, in which event the punishment for the offense
is a felony of the first degree.
SECTION 22. Section 31.0031(d), Human Resources Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
(d) The responsibility agreement shall require that:
(1) the parent of a dependent child cooperate with the
commission and the Title IV-D agency if necessary to establish the
paternity of the dependent child and to establish or enforce child
support;
(2) if adequate and accessible providers of the
services are available in the geographic area and subject to the
availability of funds, each dependent child, as appropriate,
complete early and periodic screening, diagnosis, and treatment
checkups on schedule and receive the immunization series prescribed
by Section 161.004, Health and Safety Code, unless the child is
exempt under that section;
(3) each adult recipient, or teen parent recipient who
has completed the requirements regarding school attendance in
Subdivision (6), not voluntarily terminate paid employment of at
least 30 hours each week without good cause in accordance with rules
adopted by the executive commissioner;
(4) each adult recipient for whom a needs assessment
is conducted participate in an activity to enable that person to
become self-sufficient by:
(A) continuing the person's education or
becoming literate;
(B) entering a job placement or employment skills
training program;
(C) serving as a volunteer in the person's
community; or
(D) serving in a community work program or other
work program approved by the commission;
(5) each caretaker relative or parent receiving
assistance not use, sell, or possess [marihuana or] a controlled
substance in violation of Chapter 481, Health and Safety Code, or
abuse alcohol;
(6) each dependent child younger than 18 years of age
or teen parent younger than 19 years of age attend school regularly,
unless the child has a high school diploma or high school
equivalency certificate or is specifically exempted from school
attendance under Section 25.086, Education Code;
(7) each recipient comply with commission rules
regarding proof of school attendance; and
(8) each recipient attend appropriate parenting
skills training classes, as determined by the needs assessment.
SECTION 23. Section 1355.006, Insurance Code, is amended to
read as follows:
Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. (a) In this
section, "controlled substance" has [and "marihuana" have] the
meaning [meanings] assigned by Section 481.002, Health and Safety
Code.
(b) This subchapter does not require a group health benefit
plan to provide coverage for the treatment of:
(1) addiction to a controlled substance [or marihuana]
that is used in violation of law; or
(2) mental illness that results from the use of a
controlled substance [or marihuana] in violation of law.
SECTION 24. Section 71.023(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, as part of the
identifiable leadership of a criminal street gang, knowingly
finances, directs, or supervises the commission of, or a conspiracy
to commit, one or more of the following offenses by members of a
criminal street gang:
(1) a felony offense that is listed in Section
3g(a)(1), Article 42.12, Code of Criminal Procedure;
(2) a felony offense for which it is shown that a
deadly weapon, as defined by Section 1.07, was used or exhibited
during the commission of the offense or during immediate flight
from the commission of the offense; or
(3) an offense that is punishable under Section
481.112(e), 481.112(f), 481.1121(b)(4), or 481.115(f), [or
481.120(b)(6),] Health and Safety Code.
SECTION 25. Sections 159.001(3) and (7), Tax Code, are
amended to read as follows:
(3) "Dealer" means a person who in violation of the law
of this state imports into this state or manufactures, produces,
acquires, or possesses in this state:
(A) seven grams or more of a taxable substance
consisting of or containing a controlled substance, counterfeit
substance, or simulated controlled substance; or
(B) fifty dosage units or more of a taxable
substance not commonly sold by weight, consisting of or containing
a controlled substance, counterfeit substance, or simulated
controlled substance[; or
[(C) more than four ounces of a taxable substance
consisting of or containing marihuana].
(7) "Taxable substance" means a controlled substance,
a counterfeit substance, or a simulated controlled substance, [or
marihuana,] or a mixture of any materials that contains a
controlled substance, counterfeit substance, or simulated
controlled substance [, or marihuana].
SECTION 26. Section 159.004, Tax Code, is amended to read as
follows:
Sec. 159.004. NO DEFENSE OR IMMUNITY. Nothing in this
chapter provides a defense or affirmative defense to, exception to,
or immunity from prosecution under the penal laws of this state
relating to controlled substances, counterfeit substances, or
simulated controlled substances [, or marihuana].
SECTION 27. Section 159.101(b), Tax Code, is amended to
read as follows:
(b) The rate of the tax is:
(1) $200 for each gram of a taxable substance
consisting of or containing a controlled substance, counterfeit
substance, or simulated controlled substance; and
(2) [$3.50 for each gram of a taxable substance
consisting of or containing marihuana; and
[(3)] $2,000 on each 50 dosage units, or portion of 50
dosage units, if the total amount is less than 50 dosage units, of a
controlled substance that is not sold by weight.
SECTION 28. (a) An offense under Section 481.120 or
481.121, Health and Safety Code, may not be prosecuted after the
effective date of this Act. If on the effective date of this Act a
criminal action is pending for an offense under one of those
sections, the action is dismissed on that date. However, a final
conviction for an offense under one of those sections that exists on
the effective date of this Act is unaffected by this Act.
(b) The change in law made by this Act applies to an offense
under Section 481.122, 481.125, or 481.126, Health and Safety Code,
or Section 71.023, Penal Code, committed before, on, or after the
effective date of this Act, except that a final conviction for an
offense that exists on the effective date of this Act is unaffected
by this Act.
SECTION 29. This Act takes effect September 1, 2015.