84R23262 JSC-D
By: Phillips H.B. No. 3191
Substitute the following for H.B. No. 3191:
By: Herrero C.S.H.B. No. 3191
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for delivery of certain miscellaneous
substances under the Texas Controlled Substances Act; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.119, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) A person commits an offense if the person knowingly
manufactures, delivers, or possesses with intent to deliver a
controlled substance listed in a schedule by an action of the
commissioner under this chapter but not listed in a penalty group.
Except as provided by Subsection (c), an [An] offense under this
subsection is a Class A misdemeanor.
(c) An offense under Subsection (a) is a state jail felony
if the actor:
(1) was 18 years of age or older at the time of the
offense; and
(2) delivered a controlled substance described by that
subsection to:
(A) a person who, at the time of the offense, was:
(i) younger than 18 years of age; or
(ii) enrolled in a public or private
primary or secondary school; or
(B) a person that the actor knew or believed
intended to deliver the controlled substance to a person described
by Paragraph (A).
SECTION 2. 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 3. This Act takes effect September 1, 2015.