Texas 2015 - 84th Regular

Texas House Bill HB507 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R27482 JSC-D
2	2	By: Moody, Lucio III, Dutton, Wu, et al. H.B. No. 507
3	3	Substitute the following for H.B. No. 507:
4	4	By: Herrero C.S.H.B. No. 507
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a civil action to collect a civil penalty for possession
10	10	of certain small amounts of marihuana and an exception to
11	11	prosecution for possession of associated drug paraphernalia.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 481.121(b), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(b) An offense under Subsection (a) is:
16	16	(1) a Class B misdemeanor if the amount of marihuana
17	17	possessed is two ounces or less but more than one ounce;
18	18	(2) a Class A misdemeanor if the amount of marihuana
19	19	possessed is four ounces or less but more than two ounces;
20	20	(3) a state jail felony if the amount of marihuana
21	21	possessed is five pounds or less but more than four ounces;
22	22	(4) a felony of the third degree if the amount of
23	23	marihuana possessed is 50 pounds or less but more than 5 pounds;
24	24	(5) a felony of the second degree if the amount of
25	25	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
26	26	and
27	27	(6) punishable by imprisonment in the Texas Department
28	28	of Criminal Justice for life or for a term of not more than 99 years
29	29	or less than 5 years, and a fine not to exceed $50,000, if the amount
30	30	of marihuana possessed is more than 2,000 pounds.
31	31	SECTION 2. Subchapter D, Chapter 481, Health and Safety
32	32	Code, is amended by adding Section 481.1211 to read as follows:
33	33	Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF
34	34	MARIHUANA. (a) A person who knowingly or intentionally possesses a
35	35	usable quantity of marihuana in an amount that is one ounce or less
36	36	is liable to the state for a civil penalty not to exceed $250.
37	37	(b) The imposition of a civil penalty under this section is
38	38	not a conviction and may not be considered a conviction for any
39	39	purpose.
40	40	(c) A peace officer may not make an arrest solely because of
41	41	a violation of this section. A peace officer may issue to a person
42	42	who violates this section a citation that contains written notice
43	43	of the time and place the person must appear before a justice court,
44	44	the name and address of the person charged, and the civil violation
45	45	charged.
46	46	(d) The district or county attorney of the county in which
47	47	the conduct described by Subsection (a) is alleged to have occurred
48	48	may bring an action in the justice court of the county to collect
49	49	the civil penalty of a person who receives a citation under this
50	50	section.
51	51	(e) A civil action under this section shall be conducted in
52	52	the manner provided by Chapter 45, Code of Criminal Procedure, as if
53	53	an offense were charged, except that:
54	54	(1) the court may not:
55	55	(A) issue an arrest warrant under Article 45.014,
56	56	Code of Criminal Procedure; or
57	57	(B) require the person liable for a civil penalty
58	58	to give bail under Article 45.016, Code of Criminal Procedure;
59	59	(2) a citation issued under this section is considered
60	60	to be a sufficient complaint for purposes of Articles 45.018 and
61	61	45.019, Code of Criminal Procedure, if the citation is filed with
62	62	the court by a district or county attorney; and
63	63	(3) a person liable for a civil penalty under this
64	64	section may not appeal under Article 45.042, Code of Criminal
65	65	Procedure.
66	66	(f)(1) Before imposing a civil penalty under this section,
67	67	the court shall determine whether the person subject to the penalty
68	68	is indigent. If the court determines the person is indigent, the
69	69	court shall waive the penalty and may order the person to complete
70	70	not more than 10 hours of community service.
71	71	(2) Subsections (i) and (j) apply to a person for whom
72	72	a court waives a penalty under Subdivision (1).
73	73	(g) The court may waive or reduce the civil penalty for a
74	74	person other than a person described by Subsection (f) if:
75	75	(1) the person subject to a civil penalty under this
76	76	section attends a program that provides education in substance
77	77	abuse and is approved by the Department of State Health Services or
78	78	the Texas Department of Public Safety; or
79	79	(2) the person performs not more than 10 hours of
80	80	community service, as ordered by the court.
81	81	(h) The court may issue a capias for the arrest of a person
82	82	who fails to appear or to make payment, as directed by a citation
83	83	issued under this section.
84	84	(i) Law enforcement may seize any marihuana in possession of
85	85	a person subject to a civil penalty under this section. If marihuana
86	86	is seized under this section, law enforcement shall preserve the
87	87	marihuana as if the marihuana were evidence of an offense under this
88	88	chapter pending the final resolution of a civil proceeding under
89	89	this section. After final resolution of a civil proceeding under
90	90	this section, any marihuana seized is subject to forfeiture and
91	91	shall be disposed of in accordance with Section 481.159.
92	92	(j) The identity of a person cited or found liable for a
93	93	civil penalty under this section is confidential information under
94	94	Section 552.101, Government Code.
95	95	SECTION 3. Section 481.125, Health and Safety Code, is
96	96	amended by adding Subsection (g) to read as follows:
97	97	(g) It is a defense to prosecution under this section that
98	98	drug paraphernalia was knowingly or intentionally used, possessed,
99	99	or delivered solely in furtherance of a violation of Section
100	100	481.1211.
101	101	SECTION 4. Section 51.03(a), Family Code, is amended to
102	102	read as follows:
103	103	(a) Delinquent conduct is:
104	104	(1) conduct, other than a traffic offense, that
105	105	violates a penal law of this state or of the United States
106	106	punishable by imprisonment or by confinement in jail;
107	107	(2) conduct that violates a lawful order of a court
108	108	under circumstances that would constitute contempt of that court
109	109	in:
110	110	(A) a justice or municipal court; or
111	111	(B) a county court for conduct punishable only by
112	112	a fine;
113	113	(3) conduct that violates Section 49.04, 49.05, 49.06,
114	114	49.07, or 49.08, Penal Code; [or]
115	115	(4) conduct that violates Section 106.041, Alcoholic
116	116	Beverage Code, relating to driving under the influence of alcohol
117	117	by a minor (third or subsequent offense); or
118	118	(5) conduct for which a person is subject to a civil
119	119	penalty under Section 418.1211, Health and Safety Code.
120	120	SECTION 5. Section 118.124, Local Government Code, is
121	121	amended to read as follows:
122	122	Sec. 118.124. PROHIBITED FEES. A justice of the peace is
123	123	not entitled to a fee for:
124	124	(1) the examination of a paper or record in the
125	125	justice's office;
126	126	(2) filing any process or document the justice issues
127	127	that is returned to court;
128	128	(3) a motion or judgment on a motion for security for
129	129	costs;
130	130	(4) taking or approving a bond for costs; [or]
131	131	(5) the first copy of a document in a criminal case
132	132	issued to:
133	133	(A) a criminal defendant in the case;
134	134	(B) an attorney representing a criminal
135	135	defendant in the case; or
136	136	(C) a prosecuting attorney; or
137	137	(6) the filing of a civil action by the state under
138	138	Section 481.1211, Health and Safety Code.
139	139	SECTION 6. The changes in law made by this Act apply only to
140	140	a violation of law that occurs on or after the effective date of
141	141	this Act. A violation that occurs before the effective date of this
142	142	Act is governed by the law in effect on the date the violation
143	143	occurred, and the former law is continued in effect for that
144	144	purpose. For purposes of this section, a violation of law occurred
145	145	before the effective date of this Act if any element of the
146	146	violation occurred before that date.
147	147	SECTION 7. This Act takes effect September 1, 2015.