| 1 | 1 | | 84R23262 JSC-D |
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| 2 | 2 | | By: Phillips H.B. No. 3191 |
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| 3 | 3 | | Substitute the following for H.B. No. 3191: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 3191 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the penalty for delivery of certain miscellaneous |
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| 10 | 10 | | substances under the Texas Controlled Substances Act; increasing a |
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| 11 | 11 | | criminal penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 481.119, Health and Safety Code, is |
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| 14 | 14 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) A person commits an offense if the person knowingly |
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| 17 | 17 | | manufactures, delivers, or possesses with intent to deliver a |
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| 18 | 18 | | controlled substance listed in a schedule by an action of the |
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| 19 | 19 | | commissioner under this chapter but not listed in a penalty group. |
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| 20 | 20 | | Except as provided by Subsection (c), an [An] offense under this |
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| 21 | 21 | | subsection is a Class A misdemeanor. |
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| 22 | 22 | | (c) An offense under Subsection (a) is a state jail felony |
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| 23 | 23 | | if the actor: |
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| 24 | 24 | | (1) was 18 years of age or older at the time of the |
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| 25 | 25 | | offense; and |
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| 26 | 26 | | (2) delivered a controlled substance described by that |
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| 27 | 27 | | subsection to: |
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| 28 | 28 | | (A) a person who, at the time of the offense, was: |
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| 29 | 29 | | (i) younger than 18 years of age; or |
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| 30 | 30 | | (ii) enrolled in a public or private |
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| 31 | 31 | | primary or secondary school; or |
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| 32 | 32 | | (B) a person that the actor knew or believed |
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| 33 | 33 | | intended to deliver the controlled substance to a person described |
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| 34 | 34 | | by Paragraph (A). |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to an offense committed on or after the effective date of this Act. |
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| 37 | 37 | | An offense committed before the effective date of this Act is |
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| 38 | 38 | | governed by the law in effect on the date the offense was committed, |
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| 39 | 39 | | and the former law is continued in effect for that purpose. For |
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| 40 | 40 | | purposes of this section, an offense was committed before the |
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| 41 | 41 | | effective date of this Act if any element of the offense occurred |
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| 42 | 42 | | before that date. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2015. |
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