Texas 2017 - 85th Regular

Texas House Bill HB81 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R20460 JSC-D
2	2	By: Moody, Isaac, Dutton, Minjarez, et al. H.B. No. 81
3	3	Substitute the following for H.B. No. 81:
4	4	By: Moody C.S.H.B. No. 81
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the civil and criminal penalties for possession of
10	10	certain small amounts of marihuana and an exception to prosecution
11	11	for possession of associated drug paraphernalia; creating a
12	12	criminal offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 481.121(b), Health and Safety Code, is
15	15	amended to read as follows:
16	16	(b) An offense under Subsection (a) is:
17	17	(1) a Class B misdemeanor if the amount of marihuana
18	18	possessed is two ounces or less but more than one ounce;
19	19	(2) a Class A misdemeanor if the amount of marihuana
20	20	possessed is four ounces or less but more than two ounces;
21	21	(3) a state jail felony if the amount of marihuana
22	22	possessed is five pounds or less but more than four ounces;
23	23	(4) a felony of the third degree if the amount of
24	24	marihuana possessed is 50 pounds or less but more than 5 pounds;
25	25	(5) a felony of the second degree if the amount of
26	26	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
27	27	and
28	28	(6) punishable by imprisonment in the Texas Department
29	29	of Criminal Justice for life or for a term of not more than 99 years
30	30	or less than 5 years, and a fine not to exceed $50,000, if the amount
31	31	of marihuana possessed is more than 2,000 pounds.
32	32	SECTION 2. Subchapter D, Chapter 481, Health and Safety
33	33	Code, is amended by adding Sections 481.1211 and 481.1212 to read as
34	34	follows:
35	35	Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF
36	36	MARIHUANA. (a) Notwithstanding Section 481.121 and except as
37	37	otherwise provided by Section 481.1212, a person who knowingly or
38	38	intentionally possesses a usable quantity of marihuana in an amount
39	39	that is one ounce or less does not commit an offense but is liable to
40	40	the state for a civil penalty not to exceed $250.
41	41	(b) The imposition of a civil penalty under this section is
42	42	not a conviction and may not be considered a conviction for any
43	43	purpose.
44	44	Sec. 481.1212. OFFENSE: SUBSEQUENT POSSESSION OF SMALL
45	45	AMOUNT OF MARIHUANA. (a) A person commits an offense if the person:
46	46	(1) knowingly or intentionally possesses a usable
47	47	quantity of marihuana in an amount that is one ounce or less; and
48	48	(2) has previously been assessed a civil penalty three
49	49	times under Section 481.1211.
50	50	(b) An offense under this section is a Class C misdemeanor.
51	51	SECTION 3. Section 481.125, Health and Safety Code, is
52	52	amended by adding Subsection (g) to read as follows:
53	53	(g) It is a defense to prosecution under this section that
54	54	drug paraphernalia was knowingly or intentionally used, possessed,
55	55	or delivered solely in furtherance of a violation of Section
56	56	481.1211 or an offense under Section 481.1212.
57	57	SECTION 4. Subchapter B, Chapter 45, Code of Criminal
58	58	Procedure, is amended by adding Article 45.062 to read as follows:
59	59	Art. 45.062. PROCEEDINGS FOR CERTAIN MARIHUANA POSSESSION
60	60	VIOLATIONS AND OFFENSES. (a) A peace officer may not make an
61	61	arrest solely because of a violation of Section 481.1211, Health
62	62	and Safety Code, regardless of whether the person may be subject to
63	63	prosecution under Section 481.1212 of that code. A peace officer
64	64	may issue to a person a citation that contains written notice of the
65	65	time and place the person must appear before a justice court, the
66	66	name and address of the person charged, and the violation charged.
67	67	The citation must notify the person that the person may be subject
68	68	to prosecution for a Class C misdemeanor under Section 481.1212,
69	69	Health and Safety Code, if the person has previously been assessed a
70	70	civil penalty three times under Section 481.1211, Health and Safety
71	71	Code.
72	72	(b) The district or county attorney of the county in which
73	73	the conduct described by Section 481.1211, Health and Safety Code,
74	74	is alleged to have occurred may:
75	75	(1) bring an action in the justice court of the county
76	76	to collect the civil penalty of a person who receives a citation
77	77	under this section; or
78	78	(2) charge the person with an offense under Section
79	79	481.1212, Health and Safety Code, if the person has previously been
80	80	assessed a civil penalty three times under Section 481.1211 of that
81	81	code.
82	82	(c) Except as otherwise provided by this article, a civil
83	83	action under this article for a violation of Section 481.1211,
84	84	Health and Safety Code, shall be conducted in the manner provided by
85	85	this chapter as if an offense were charged.
86	86	(d) The court may not:
87	87	(1) issue an arrest warrant under Article 45.014 for a
88	88	violation of Section 481.1211, Health and Safety Code, or an
89	89	offense under Section 481.1212 of that code; or
90	90	(2) require the person who violates Section 481.1211,
91	91	Health and Safety Code, or commits an offense under Section
92	92	481.1212 of that code, to give bail under Article 45.016.
93	93	(e) A citation issued under this article is considered to be
94	94	a sufficient complaint for purposes of Articles 45.018 and 45.019
95	95	if the citation is filed with the court by a district or county
96	96	attorney.
97	97	(f) A person liable for a civil penalty under Section
98	98	481.1211, Health and Safety Code, may not appeal under Article
99	99	45.042.
100	100	(g) Before imposing a civil penalty under Section 481.1211,
101	101	Health and Safety Code, the court shall determine whether the
102	102	person subject to the penalty is indigent. If the court determines
103	103	the person is indigent, the court shall waive the penalty and may
104	104	order the person to complete not more than 10 hours of community
105	105	service.
106	106	(h) Subsections (n), (p), and (q) apply to a person for whom
107	107	a court waives a penalty under Subsection (g).
108	108	(i) The court may waive or reduce the civil penalty for a
109	109	person other than a person described by Subsection (g) if:
110	110	(1) the person subject to a civil penalty under
111	111	Section 481.1211, Health and Safety Code, attends a program that
112	112	provides education in substance abuse and is approved by the
113	113	Department of State Health Services, the Texas Department of
114	114	Licensing and Regulation, or the Texas Department of Public Safety;
115	115	or
116	116	(2) the person performs not more than 10 hours of
117	117	community service, as ordered by the court.
118	118	(j) If during a proceeding for a violation of Section
119	119	481.1211, Health and Safety Code, the court finds that the person
120	120	has previously been assessed a civil penalty under that section one
121	121	or two times, the court shall, in addition to assessing a civil
122	122	penalty, order the person to attend a program that provides
123	123	education in substance abuse and is approved by the Department of
124	124	State Health Services, the Texas Department of Licensing and
125	125	Regulation, or the Texas Department of Public Safety.
126	126	(k) If during a proceeding for a violation of Section
127	127	481.1211, Health and Safety Code, the court finds that the person
128	128	has previously been assessed a civil penalty under that section
129	129	three times, the court shall suspend the proceedings and notify the
130	130	appropriate prosecuting attorney so that the person may be charged
131	131	with an offense under Section 481.1212, Health and Safety Code.
132	132	(l) On a plea of guilty or nolo contendere for an offense
133	133	under Section 481.1212, Health and Safety Code, by a defendant and
134	134	payment of all court costs, the judge shall defer further
135	135	proceedings without entering an adjudication of guilt and place the
136	136	defendant on probation under the provisions of Article 45.051.
137	137	(m) The court may issue a capias for the arrest of a person
138	138	who fails to appear or to make payment, as directed by a citation
139	139	issued under this section.
140	140	(n) Law enforcement may seize any marihuana in possession of
141	141	a person subject to a civil penalty under Section 481.1211, Health
142	142	and Safety Code, or subject to prosecution under Section 481.1212
143	143	of that code. If marihuana is seized under this article in
144	144	connection with a violation of Section 481.1211, Health and Safety
145	145	Code, law enforcement shall preserve the marihuana as if the
146	146	marihuana were evidence of an offense under Section 481.1212,
147	147	Health and Safety Code, pending the final resolution of a civil
148	148	proceeding under this article. After final resolution of a civil
149	149	proceeding under this article, any marihuana seized is subject to
150	150	forfeiture and shall be disposed of in accordance with Section
151	151	481.159, Health and Safety Code.
152	152	(o) This article does not affect the authority of a peace
153	153	officer to conduct a search or seize marihuana or other property as
154	154	contraband under Chapter 18 or 59 or other law.
155	155	(p) The identity of a person cited for a violation of
156	156	Section 481.1211, Health and Safety Code, is confidential
157	157	information under Section 552.101, Government Code, unless the
158	158	person is charged with an offense under Section 481.1212, Health
159	159	and Safety Code, in connection with that citation.
160	160	(q) The identity of a person found liable for a civil
161	161	penalty under Section 481.1211, Health and Safety Code, is
162	162	confidential information under Section 552.101, Government Code.
163	163	SECTION 5. Section 51.03(a), Family Code, is amended to
164	164	read as follows:
165	165	(a) Delinquent conduct is:
166	166	(1) conduct, other than a traffic offense, that
167	167	violates a penal law of this state or of the United States
168	168	punishable by imprisonment or by confinement in jail;
169	169	(2) conduct that violates a lawful order of a court
170	170	under circumstances that would constitute contempt of that court
171	171	in:
172	172	(A) a justice or municipal court;
173	173	(B) a county court for conduct punishable only by
174	174	a fine; or
175	175	(C) a truancy court;
176	176	(3) conduct that violates Section 49.04, 49.05, 49.06,
177	177	49.07, or 49.08, Penal Code; [or]
178	178	(4) conduct that violates Section 106.041, Alcoholic
179	179	Beverage Code, relating to driving under the influence of alcohol
180	180	by a minor (third or subsequent offense); or
181	181	(5) conduct for which a person is subject to a civil
182	182	penalty under Section 481.1211, Health and Safety Code, or that
183	183	violates Section 481.1212 of that code.
184	184	SECTION 6. Section 118.124, Local Government Code, is
185	185	amended to read as follows:
186	186	Sec. 118.124. PROHIBITED FEES. A justice of the peace is
187	187	not entitled to a fee for:
188	188	(1) the examination of a paper or record in the
189	189	justice's office;
190	190	(2) filing any process or document the justice issues
191	191	that is returned to court;
192	192	(3) a motion or judgment on a motion for security for
193	193	costs;
194	194	(4) taking or approving a bond for costs; [or]
195	195	(5) the first copy of a document in a criminal case
196	196	issued to:
197	197	(A) a criminal defendant in the case;
198	198	(B) an attorney representing a criminal
199	199	defendant in the case; or
200	200	(C) a prosecuting attorney; or
201	201	(6) the filing of a civil action by the state under
202	202	Section 481.1211, Health and Safety Code.
203	203	SECTION 7. The changes in law made by this Act apply only to
204	204	a violation of law that occurs on or after the effective date of
205	205	this Act. A violation that occurs before the effective date of this
206	206	Act is governed by the law in effect on the date the violation
207	207	occurred, and the former law is continued in effect for that
208	208	purpose. For purposes of this section, a violation of law occurred
209	209	before the effective date of this Act if any element of the
210	210	violation occurred before that date.
211	211	SECTION 8. This Act takes effect September 1, 2017.