Texas 2019 - 86th Regular

Texas House Bill HB1196 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8486 JSC-D
2	2	By: Meza H.B. No. 1196
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to changing statutory references to marihuana to cannabis.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 13.22, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 13.22. POSSESSION AND DELIVERY OF CANNABIS
12	12	[MARIHUANA]. An offense of possession or delivery of cannabis
13	13	[marihuana] may be prosecuted in the county where the offense was
14	14	committed or with the consent of the defendant in a county that is
15	15	adjacent to and in the same judicial district as the county where
16	16	the offense was committed.
17	17	SECTION 2. Article 15.27(h), Code of Criminal Procedure, is
18	18	amended to read as follows:
19	19	(h) This article applies to any felony offense and the
20	20	following misdemeanors:
21	21	(1) an offense under Section 20.02, 21.08, 22.01, 22.05,
22	22	22.07, or 71.02, Penal Code;
23	23	(2) the unlawful use, sale, or possession of a controlled
24	24	substance, drug paraphernalia, or cannabis [marihuana], as defined
25	25	by Chapter 481, Health and Safety Code; or
26	26	(3) the unlawful possession of any of the weapons or devices
27	27	listed in Sections 46.01(1)-(14) or (16), Penal Code, or a weapon
28	28	listed as a prohibited weapon under Section 46.05, Penal Code.
29	29	SECTION 3. Article 18A.101, Code of Criminal Procedure, is
30	30	amended to read as follows:
31	31	Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
32	32	ISSUED. A judge of competent jurisdiction may issue an
33	33	interception order only if the prosecutor applying for the order
34	34	shows probable cause to believe that the interception will provide
35	35	evidence of the commission of:
36	36	(1) a felony under any of the following provisions of
37	37	the Health and Safety Code:
38	38	(A) Chapter 481, other than felony possession of
39	39	cannabis [marihuana];
40	40	(B) Chapter 483; or
41	41	(C) Section 485.032;
42	42	(2) an offense under any of the following provisions
43	43	of the Penal Code:
44	44	(A) Section 19.02;
45	45	(B) Section 19.03;
46	46	(C) Section 20.03;
47	47	(D) Section 20.04;
48	48	(E) Chapter 20A;
49	49	(F) Chapter 34, if the criminal activity giving
50	50	rise to the proceeds involves the commission of an offense under
51	51	Title 5, Penal Code, or an offense under federal law or the laws of
52	52	another state containing elements that are substantially similar to
53	53	the elements of an offense under Title 5;
54	54	(G) Section 38.11;
55	55	(H) Section 43.04;
56	56	(I) Section 43.05; or
57	57	(J) Section 43.26; or
58	58	(3) an attempt, conspiracy, or solicitation to commit
59	59	an offense listed in Subdivision (1) or (2).
60	60	SECTION 4. Article 42A.514(a), Code of Criminal Procedure,
61	61	is amended to read as follows:
62	62	(a) If a judge grants community supervision to a defendant
63	63	younger than 18 years of age convicted of an alcohol-related
64	64	offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
65	65	106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
66	66	an offense involving possession of a controlled substance or
67	67	cannabis [marihuana] under Section 481.115, 481.1151, 481.116,
68	68	481.1161, 481.117, 481.118, or 481.121, Health and Safety Code, the
69	69	judge may require the defendant as a condition of community
70	70	supervision to attend, as appropriate:
71	71	(1) an alcohol awareness program approved under
72	72	Section 106.115, Alcoholic Beverage Code; or
73	73	(2) a drug education program that is designed to
74	74	educate persons on the dangers of drug abuse and is approved by the
75	75	Department of State Health Services in accordance with Section
76	76	521.374, Transportation Code.
77	77	SECTION 5. Article 42A.551(c), Code of Criminal Procedure,
78	78	is amended to read as follows:
79	79	(c) Subsection (a) does not apply to a defendant who:
80	80	(1) under Section 481.1151(b)(1), Health and Safety
81	81	Code, possessed more than five abuse units of the controlled
82	82	substance;
83	83	(2) under Section 481.1161(b)(3), Health and Safety
84	84	Code, possessed more than one pound, by aggregate weight, including
85	85	adulterants or dilutants, of the controlled substance; or
86	86	(3) under Section 481.121(b)(3), Health and Safety
87	87	Code, possessed more than one pound of cannabis [marihuana].
88	88	SECTION 6. Section 37.005(c), Education Code, is amended to
89	89	read as follows:
90	90	(c) A student who is enrolled in a grade level below grade
91	91	three may not be placed in out-of-school suspension unless while on
92	92	school property or while attending a school-sponsored or
93	93	school-related activity on or off of school property, the student
94	94	engages in:
95	95	(1) conduct that contains the elements of an offense
96	96	related to weapons under Section 46.02 or 46.05, Penal Code;
97	97	(2) conduct that contains the elements of a violent
98	98	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
99	99	or
100	100	(3) selling, giving, or delivering to another person
101	101	or possessing, using, or being under the influence of any amount of:
102	102	(A) cannabis [marihuana] or a controlled
103	103	substance, as defined by Chapter 481, Health and Safety Code, or by
104	104	21 U.S.C. Section 801 et seq.;
105	105	(B) a dangerous drug, as defined by Chapter 483,
106	106	Health and Safety Code; or
107	107	(C) an alcoholic beverage, as defined by Section
108	108	1.04, Alcoholic Beverage Code.
109	109	SECTION 7. Section 37.006(a), Education Code, is amended to
110	110	read as follows:
111	111	(a) A student shall be removed from class and placed in a
112	112	disciplinary alternative education program as provided by Section
113	113	37.008 if the student:
114	114	(1) engages in conduct involving a public school that
115	115	contains the elements of the offense of false alarm or report under
116	116	Section 42.06, Penal Code, or terroristic threat under Section
117	117	22.07, Penal Code; or
118	118	(2) commits the following on or within 300 feet of
119	119	school property, as measured from any point on the school's real
120	120	property boundary line, or while attending a school-sponsored or
121	121	school-related activity on or off of school property:
122	122	(A) engages in conduct punishable as a felony;
123	123	(B) engages in conduct that contains the elements
124	124	of the offense of assault under Section 22.01(a)(1), Penal Code;
125	125	(C) sells, gives, or delivers to another person
126	126	or possesses or uses or is under the influence of:
127	127	(i) cannabis [marihuana] or a controlled
128	128	substance, as defined by Chapter 481, Health and Safety Code, or by
129	129	21 U.S.C. Section 801 et seq.; or
130	130	(ii) a dangerous drug, as defined by
131	131	Chapter 483, Health and Safety Code;
132	132	(D) sells, gives, or delivers to another person
133	133	an alcoholic beverage, as defined by Section 1.04, Alcoholic
134	134	Beverage Code, commits a serious act or offense while under the
135	135	influence of alcohol, or possesses, uses, or is under the influence
136	136	of an alcoholic beverage;
137	137	(E) engages in conduct that contains the elements
138	138	of an offense relating to an abusable volatile chemical under
139	139	Sections 485.031 through 485.034, Health and Safety Code; or
140	140	(F) engages in conduct that contains the elements
141	141	of the offense of public lewdness under Section 21.07, Penal Code,
142	142	or indecent exposure under Section 21.08, Penal Code.
143	143	SECTION 8. Section 37.007(b), Education Code, is amended to
144	144	read as follows:
145	145	(b) A student may be expelled if the student:
146	146	(1) engages in conduct involving a public school that
147	147	contains the elements of the offense of false alarm or report under
148	148	Section 42.06, Penal Code, or terroristic threat under Section
149	149	22.07, Penal Code;
150	150	(2) while on or within 300 feet of school property, as
151	151	measured from any point on the school's real property boundary
152	152	line, or while attending a school-sponsored or school-related
153	153	activity on or off of school property:
154	154	(A) sells, gives, or delivers to another person
155	155	or possesses, uses, or is under the influence of any amount of:
156	156	(i) cannabis [marihuana] or a controlled
157	157	substance, as defined by Chapter 481, Health and Safety Code, or by
158	158	21 U.S.C. Section 801 et seq.;
159	159	(ii) a dangerous drug, as defined by
160	160	Chapter 483, Health and Safety Code; or
161	161	(iii) an alcoholic beverage, as defined by
162	162	Section 1.04, Alcoholic Beverage Code;
163	163	(B) engages in conduct that contains the elements
164	164	of an offense relating to an abusable volatile chemical under
165	165	Sections 485.031 through 485.034, Health and Safety Code;
166	166	(C) engages in conduct that contains the elements
167	167	of an offense under Section 22.01(a)(1), Penal Code, against a
168	168	school district employee or a volunteer as defined by Section
169	169	22.053; or
170	170	(D) engages in conduct that contains the elements
171	171	of the offense of deadly conduct under Section 22.05, Penal Code;
172	172	(3) subject to Subsection (d), while within 300 feet
173	173	of school property, as measured from any point on the school's real
174	174	property boundary line:
175	175	(A) engages in conduct specified by Subsection
176	176	(a); or
177	177	(B) possesses a firearm, as defined by 18 U.S.C.
178	178	Section 921;
179	179	(4) engages in conduct that contains the elements of
180	180	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
181	181	aggravated robbery under Section 29.03, Penal Code, against another
182	182	student, without regard to whether the conduct occurs on or off of
183	183	school property or while attending a school-sponsored or
184	184	school-related activity on or off of school property; or
185	185	(5) engages in conduct that contains the elements of
186	186	the offense of breach of computer security under Section 33.02,
187	187	Penal Code, if:
188	188	(A) the conduct involves accessing a computer,
189	189	computer network, or computer system owned by or operated on behalf
190	190	of a school district; and
191	191	(B) the student knowingly:
192	192	(i) alters, damages, or deletes school
193	193	district property or information; or
194	194	(ii) commits a breach of any other
195	195	computer, computer network, or computer system.
196	196	SECTION 9. Section 37.015(a), Education Code, is amended to
197	197	read as follows:
198	198	(a) The principal of a public or private primary or
199	199	secondary school, or a person designated by the principal under
200	200	Subsection (d), shall notify any school district police department
201	201	and the police department of the municipality in which the school is
202	202	located or, if the school is not in a municipality, the sheriff of
203	203	the county in which the school is located if the principal has
204	204	reasonable grounds to believe that any of the following activities
205	205	occur in school, on school property, or at a school-sponsored or
206	206	school-related activity on or off school property, whether or not
207	207	the activity is investigated by school security officers:
208	208	(1) conduct that may constitute an offense listed
209	209	under Section 508.149, Government Code;
210	210	(2) deadly conduct under Section 22.05, Penal Code;
211	211	(3) a terroristic threat under Section 22.07, Penal
212	212	Code;
213	213	(4) the use, sale, or possession of a controlled
214	214	substance, drug paraphernalia, or cannabis [marihuana] under
215	215	Chapter 481, Health and Safety Code;
216	216	(5) the possession of any of the weapons or devices
217	217	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
218	218	Code;
219	219	(6) conduct that may constitute a criminal offense
220	220	under Section 71.02, Penal Code; or
221	221	(7) conduct that may constitute a criminal offense for
222	222	which a student may be expelled under Section 37.007(a), (d), or
223	223	(e).
224	224	SECTION 10. Section 37.016, Education Code, is amended to
225	225	read as follows:
226	226	Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
227	227	teacher, school administrator, or school employee is not liable in
228	228	civil damages for reporting to a school administrator or
229	229	governmental authority, in the exercise of professional judgment
230	230	within the scope of the teacher's, administrator's, or employee's
231	231	duties, a student whom the teacher suspects of using, passing, or
232	232	selling, on school property:
233	233	(1) cannabis [marihuana] or a controlled substance, as
234	234	defined by Chapter 481, Health and Safety Code;
235	235	(2) a dangerous drug, as defined by Chapter 483,
236	236	Health and Safety Code;
237	237	(3) an abusable glue or aerosol paint, as defined by
238	238	Chapter 485, Health and Safety Code, or a volatile chemical, as
239	239	listed in Chapter 484, Health and Safety Code, if the substance is
240	240	used or sold for the purpose of inhaling its fumes or vapors; or
241	241	(4) an alcoholic beverage, as defined by Section 1.04,
242	242	Alcoholic Beverage Code.
243	243	SECTION 11. Section 76.017(b), Government Code, is amended
244	244	to read as follows:
245	245	(b) The program must:
246	246	(1) include automatic screening and evaluation of a
247	247	person arrested for an offense, other than a Class C misdemeanor, in
248	248	which an element of the offense is the use or possession of alcohol
249	249	or the use, possession, or sale of a controlled substance or
250	250	cannabis [marihuana];
251	251	(2) include automatic screening and evaluation of a
252	252	person arrested for an offense, other than a Class C misdemeanor, in
253	253	which the use of alcohol or drugs is suspected to have significantly
254	254	contributed to the offense for which the individual has been
255	255	arrested;
256	256	(3) coordinate the evaluation and referral to
257	257	treatment services; and
258	258	(4) make referrals for the appropriate treatment of a
259	259	person determined to be in need of treatment, including referrals
260	260	to a community corrections facility as defined by Section 509.001.
261	261	SECTION 12. Section 123.002, Government Code, is amended to
262	262	read as follows:
263	263	Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
264	264	commissioners court of a county or governing body of a municipality
265	265	may establish the following types of drug court programs:
266	266	(1) drug courts for persons arrested for, charged
267	267	with, or convicted of:
268	268	(A) an offense in which an element of the offense
269	269	is the use or possession of alcohol or the use, possession, or sale
270	270	of a controlled substance, a controlled substance analogue, or
271	271	cannabis [marihuana]; or
272	272	(B) an offense in which the use of alcohol or a
273	273	controlled substance is suspected to have significantly
274	274	contributed to the commission of the offense and the offense did not
275	275	involve:
276	276	(i) carrying, possessing, or using a
277	277	firearm or other dangerous weapon;
278	278	(ii) the use of force against the person of
279	279	another; or
280	280	(iii) the death of or serious bodily injury
281	281	to another;
282	282	(2) drug courts for juveniles detained for, taken into
283	283	custody for, or adjudicated as having engaged in:
284	284	(A) delinquent conduct, including habitual
285	285	felony conduct, or conduct indicating a need for supervision in
286	286	which an element of the conduct is the use or possession of alcohol
287	287	or the use, possession, or sale of a controlled substance, a
288	288	controlled substance analogue, or cannabis [marihuana]; or
289	289	(B) delinquent conduct, including habitual
290	290	felony conduct, or conduct indicating a need for supervision in
291	291	which the use of alcohol or a controlled substance is suspected to
292	292	have significantly contributed to the commission of the conduct and
293	293	the conduct did not involve:
294	294	(i) carrying, possessing, or using a
295	295	firearm or other dangerous weapon;
296	296	(ii) the use of force against the person of
297	297	another; or
298	298	(iii) the death of or serious bodily injury
299	299	to another;
300	300	(3) reentry drug courts for persons with a
301	301	demonstrated history of using alcohol or a controlled substance who
302	302	may benefit from a program designed to facilitate the person's
303	303	transition and reintegration into the community on release from a
304	304	state or local correctional facility;
305	305	(4) family dependency drug treatment courts for family
306	306	members involved in a suit affecting the parent-child relationship
307	307	in which a parent's use of alcohol or a controlled substance is a
308	308	primary consideration in the outcome of the suit; or
309	309	(5) programs for other persons not precisely described
310	310	by Subdivisions (1)-(4) who may benefit from a program that has the
311	311	essential characteristics described by Section 123.001.
312	312	SECTION 13. Sections 481.002(17), (25), and (26), Health
313	313	and Safety Code, are amended to read as follows:
314	314	(17) "Drug paraphernalia" means equipment, a product,
315	315	or material that is used or intended for use in planting,
316	316	propagating, cultivating, growing, harvesting, manufacturing,
317	317	compounding, converting, producing, processing, preparing,
318	318	testing, analyzing, packaging, repackaging, storing, containing,
319	319	or concealing a controlled substance in violation of this chapter
320	320	or in injecting, ingesting, inhaling, or otherwise introducing into
321	321	the human body a controlled substance in violation of this chapter.
322	322	The term includes:
323	323	(A) a kit used or intended for use in planting,
324	324	propagating, cultivating, growing, or harvesting a species of plant
325	325	that is a controlled substance or from which a controlled substance
326	326	may be derived;
327	327	(B) a material, compound, mixture, preparation,
328	328	or kit used or intended for use in manufacturing, compounding,
329	329	converting, producing, processing, or preparing a controlled
330	330	substance;
331	331	(C) an isomerization device used or intended for
332	332	use in increasing the potency of a species of plant that is a
333	333	controlled substance;
334	334	(D) testing equipment used or intended for use in
335	335	identifying or in analyzing the strength, effectiveness, or purity
336	336	of a controlled substance;
337	337	(E) a scale or balance used or intended for use in
338	338	weighing or measuring a controlled substance;
339	339	(F) a dilutant or adulterant, such as quinine
340	340	hydrochloride, mannitol, inositol, nicotinamide, dextrose,
341	341	lactose, or absorbent, blotter-type material, that is used or
342	342	intended to be used to increase the amount or weight of or to
343	343	transfer a controlled substance regardless of whether the dilutant
344	344	or adulterant diminishes the efficacy of the controlled substance;
345	345	(G) a separation gin or sifter used or intended
346	346	for use in removing twigs and seeds from or in otherwise cleaning or
347	347	refining cannabis [marihuana];
348	348	(H) a blender, bowl, container, spoon, or mixing
349	349	device used or intended for use in compounding a controlled
350	350	substance;
351	351	(I) a capsule, balloon, envelope, or other
352	352	container used or intended for use in packaging small quantities of
353	353	a controlled substance;
354	354	(J) a container or other object used or intended
355	355	for use in storing or concealing a controlled substance;
356	356	(K) a hypodermic syringe, needle, or other object
357	357	used or intended for use in parenterally injecting a controlled
358	358	substance into the human body; and
359	359	(L) an object used or intended for use in
360	360	ingesting, inhaling, or otherwise introducing cannabis
361	361	[marihuana], cocaine, hashish, or hashish oil into the human body,
362	362	including:
363	363	(i) a metal, wooden, acrylic, glass, stone,
364	364	plastic, or ceramic pipe with or without a screen, permanent
365	365	screen, hashish head, or punctured metal bowl;
366	366	(ii) a water pipe;
367	367	(iii) a carburetion tube or device;
368	368	(iv) a smoking or carburetion mask;
369	369	(v) a chamber pipe;
370	370	(vi) a carburetor pipe;
371	371	(vii) an electric pipe;
372	372	(viii) an air-driven pipe;
373	373	(ix) a chillum;
374	374	(x) a bong; or
375	375	(xi) an ice pipe or chiller.
376	376	(25) "Manufacture" means the production, preparation,
377	377	propagation, compounding, conversion, or processing of a
378	378	controlled substance other than cannabis [marihuana], directly or
379	379	indirectly by extraction from substances of natural origin,
380	380	independently by means of chemical synthesis, or by a combination
381	381	of extraction and chemical synthesis, and includes the packaging or
382	382	repackaging of the substance or labeling or relabeling of its
383	383	container. However, the term does not include the preparation,
384	384	compounding, packaging, or labeling of a controlled substance:
385	385	(A) by a practitioner as an incident to the
386	386	practitioner's administering or dispensing a controlled substance
387	387	in the course of professional practice; or
388	388	(B) by a practitioner, or by an authorized agent
389	389	under the supervision of the practitioner, for or as an incident to
390	390	research, teaching, or chemical analysis and not for delivery.
391	391	(26) "Cannabis" ["Marihuana"] means the plant
392	392	Cannabis sativa L., whether growing or not, the seeds of that plant,
393	393	and every compound, manufacture, salt, derivative, mixture, or
394	394	preparation of that plant or its seeds. The term does not include:
395	395	(A) the resin extracted from a part of the plant
396	396	or a compound, manufacture, salt, derivative, mixture, or
397	397	preparation of the resin;
398	398	(B) the mature stalks of the plant or fiber
399	399	produced from the stalks;
400	400	(C) oil or cake made from the seeds of the plant;
401	401	(D) a compound, manufacture, salt, derivative,
402	402	mixture, or preparation of the mature stalks, fiber, oil, or cake;
403	403	or
404	404	(E) the sterilized seeds of the plant that are
405	405	incapable of beginning germination.
406	406	SECTION 14. Section 481.103(a), Health and Safety Code, is
407	407	amended to read as follows:
408	408	(a) Penalty Group 2 consists of:
409	409	(1) any quantity of the following hallucinogenic
410	410	substances, their salts, isomers, and salts of isomers, unless
411	411	specifically excepted, if the existence of these salts, isomers,
412	412	and salts of isomers is possible within the specific chemical
413	413	designation:
414	414	5-(2-aminopropyl)benzofuran (5-APB);
415	415	6-(2-aminopropyl)benzofuran (6-APB);
416	416	5-(2-aminopropyl)-2,3-dihydrobenzofuran
417	417	(5-APDB);
418	418	6-(2-aminopropyl)-2,3-dihydrobenzofuran
419	419	(6-APDB);
420	420	5-(2-aminopropyl)indole (5-IT,5-API);
421	421	6-(2-aminopropyl)indole (6-IT,6-API);
422	422	1-(benzofuran-5-yl)-N-methylpropan-2-amine
423	423	(5-MAPB);
424	424	1-(benzofuran-6-yl)-N-methylpropan-2-amine
425	425	(6-MAPB);
426	426	Benzothiophenylcyclohexylpiperidine (BTCP);
427	427	8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
428	428	4-ethanamine (trade or other name: Bromo-DragonFLY);
429	429	Desoxypipradrol (2-benzhydrylpiperidine);
430	430	2, 5-dimethoxyamphetamine (some trade or other
431	431	names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
432	432	Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
433	433	methanol, D2PM);
434	434	Dronabinol (synthetic) in sesame oil and
435	435	encapsulated in a soft gelatin capsule in a U.S. Food and Drug
436	436	Administration approved drug product (some trade or other names for
437	437	Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
438	438	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
439	439	(trans)- tetrahydrocannabinol);
440	440	Ethylamine Analog of Phencyclidine (some trade or
441	441	other names: N-ethyl-1-phenylcyclohexylamine, (1-
442	442	phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
443	443	cyclohexamine, PCE);
444	444	2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
445	445	(trade or other name: methoxetamine);
446	446	Ibogaine (some trade or other names: 7-Ethyl-6,
447	447	6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
448	448	pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
449	449	5-iodo-2-aminoindane (5-IAI);
450	450	Mescaline;
451	451	5-methoxy-3, 4-methylenedioxy amphetamine;
452	452	4-methoxyamphetamine (some trade or other
453	453	names: 4-methoxy-alpha-methylphenethylamine;
454	454	paramethoxyamphetamine; PMA);
455	455	4-methoxymethamphetamine (PMMA);
456	456	2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
457	457	(some trade and other names: 2-MeO-ketamine; methoxyketamine);
458	458	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
459	459	PPMP);
460	460	4-methyl-2, 5-dimethoxyamphetamine (some trade
461	461	and other names: 4-methyl-2, 5-dimethoxy-alpha-
462	462	methylphenethylamine; "DOM"; "STP");
463	463	3,4-methylenedioxy methamphetamine (MDMA, MDM);
464	464	3,4-methylenedioxy amphetamine;
465	465	3,4-methylenedioxy N-ethylamphetamine (Also
466	466	known as N-ethyl MDA);
467	467	5,6-methylenedioxy-2-aminoindane (MDAI);
468	468	Nabilone (Another name for nabilone: (+)-trans-
469	469	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
470	470	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
471	471	N-benzylpiperazine (some trade or other
472	472	names: BZP; 1-benzylpiperazine);
473	473	N-ethyl-3-piperidyl benzilate;
474	474	N-hydroxy-3,4-methylenedioxyamphetamine (Also
475	475	known as N-hydroxy MDA);
476	476	4-methylaminorex;
477	477	N-methyl-3-piperidyl benzilate;
478	478	Parahexyl (some trade or other names: 3-Hexyl-1-
479	479	hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
480	480	pyran; Synhexyl);
481	481	1-Phenylcyclohexylamine;
482	482	1-Piperidinocyclohexanecarbonitrile (PCC);
483	483	Pyrrolidine Analog of Phencyclidine (some trade
484	484	or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
485	485	Tetrahydrocannabinols, other than cannabis
486	486	[marihuana], and synthetic equivalents of the substances contained
487	487	in the plant, or in the resinous extractives of Cannabis, or
488	488	synthetic substances, derivatives, and their isomers with similar
489	489	chemical structure and pharmacological activity such as:
490	490	delta-1 cis or trans tetrahydrocannabinol,
491	491	and their optical isomers;
492	492	delta-6 cis or trans tetrahydrocannabinol,
493	493	and their optical isomers;
494	494	delta-3, 4 cis or trans
495	495	tetrahydrocannabinol, and its optical isomers; or
496	496	compounds of these structures, regardless of
497	497	numerical designation of atomic positions, since nomenclature of
498	498	these substances is not internationally standardized;
499	499	Thiophene Analog of Phencyclidine (some trade or
500	500	other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
501	501	Analog of Phencyclidine; TPCP, TCP);
502	502	1-pyrrolidine (some trade or other name: TCPy);
503	503	1-(3-trifluoromethylphenyl)piperazine (trade or
504	504	other name: TFMPP); and
505	505	3,4,5-trimethoxy amphetamine;
506	506	(2) Phenylacetone (some trade or other
507	507	names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
508	508	ketone);
509	509	(3) unless specifically excepted or unless listed in
510	510	another Penalty Group, a material, compound, mixture, or
511	511	preparation that contains any quantity of the following substances
512	512	having a potential for abuse associated with a depressant or
513	513	stimulant effect on the central nervous system:
514	514	Aminorex (some trade or other
515	515	names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
516	516	phenyl-2-oxazolamine);
517	517	Amphetamine, its salts, optical isomers, and
518	518	salts of optical isomers;
519	519	Cathinone (some trade or other names: 2-amino-1-
520	520	phenyl-1-propanone, alpha-aminopropiophenone, 2-
521	521	aminopropiophenone);
522	522	Etaqualone and its salts;
523	523	Etorphine Hydrochloride;
524	524	Fenethylline and its salts;
525	525	Lisdexamfetamine, including its salts, isomers,
526	526	and salts of isomers;
527	527	Mecloqualone and its salts;
528	528	Methaqualone and its salts;
529	529	Methcathinone (some trade or other names: 2-
530	530	methylamino-propiophenone; alpha-(methylamino)propriophenone;
531	531	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
532	532	methylaminopropriophenone; monomethylpropion; ephedrone, N-
533	533	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
534	534	1431);
535	535	N-Ethylamphetamine, its salts, optical isomers,
536	536	and salts of optical isomers; and
537	537	N,N-dimethylamphetamine (some trade or other
538	538	names: N,N,alpha-trimethylbenzeneethanamine;
539	539	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
540	540	and salts of optical isomers;
541	541	(4) any compound structurally derived from
542	542	2-aminopropanal by substitution at the 1-position with any
543	543	monocyclic or fused-polycyclic ring system, including:
544	544	(A) compounds further modified by:
545	545	(i) substitution in the ring system to any
546	546	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
547	547	halide substituents), whether or not further substituted in the
548	548	ring system by other substituents;
549	549	(ii) substitution at the 3-position with an
550	550	alkyl substituent; or
551	551	(iii) substitution at the 2-amino nitrogen
552	552	atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
553	553	inclusion of the 2-amino nitrogen atom in a cyclic structure; and
554	554	(B) by example, compounds such as:
555	555	4-Methylmethcathinone (Also known as
556	556	Mephedrone);
557	557	3,4-Dimethylmethcathinone (Also known as
558	558	3,4-DMMC);
559	559	3-Fluoromethcathinone (Also known as 3-FMC);
560	560	4-Fluoromethcathinone (Also known as
561	561	Flephedrone);
562	562	3,4-Methylenedioxy-N-methylcathinone (Also
563	563	known as Methylone);
564	564	3,4-Methylenedioxypyrovalerone (Also known
565	565	as MDPV);
566	566	alpha-Pyrrolidinopentiophenone (Also known
567	567	as alpha-PVP);
568	568	Naphthylpyrovalerone (Also known as
569	569	Naphyrone);
570	570	alpha-Methylamino-valerophenone (Also known
571	571	as Pentedrone);
572	572	beta-Keto-N-methylbenzodioxolylpropylamine
573	573	(Also known as Butylone);
574	574	beta-Keto-N-methylbenzodioxolylpentanamine
575	575	(Also known as Pentylone);
576	576	beta-Keto-Ethylbenzodioxolylbutanamine
577	577	(Also known as Eutylone); and
578	578	3,4-methylenedioxy-N-ethylcathinone (Also
579	579	known as Ethylone);
580	580	(5) any compound structurally derived from tryptamine
581	581	(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
582	582	(A) by modification in any of the following ways:
583	583	(i) by substitution at the amine nitrogen
584	584	atom of the sidechain to any extent with alkyl or alkenyl groups or
585	585	by inclusion of the amine nitrogen atom of the side chain (and no
586	586	other atoms of the side chain) in a cyclic structure;
587	587	(ii) by substitution at the carbon atom
588	588	adjacent to the nitrogen atom of the side chain (alpha-position)
589	589	with an alkyl or alkenyl group;
590	590	(iii) by substitution in the 6-membered
591	591	ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
592	592	alkylenedioxy, or halide substituents; or
593	593	(iv) by substitution at the 2-position of
594	594	the tryptamine ring system with an alkyl substituent; and
595	595	(B) including:
596	596	(i) ethers and esters of the controlled
597	597	substances listed in this subdivision; and
598	598	(ii) by example, compounds such as:
599	599	alpha-ethyltryptamine;
600	600	alpha-methyltryptamine;
601	601	Bufotenine (some trade and other names:
602	602	3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
603	603	3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
604	604	5-hydroxy-N, N- dimethyltryptamine; mappine);
605	605	Diethyltryptamine (some trade and
606	606	other names: N, N-Diethyltryptamine, DET);
607	607	Dimethyltryptamine (trade or other
608	608	name: DMT);
609	609	5-methoxy-N, N-diisopropyltryptamine
610	610	(5-MeO-DiPT);
611	611	O-Acetylpsilocin (Trade or other name:
612	612	4-Aco-DMT);
613	613	Psilocin; and
614	614	Psilocybin;
615	615	(6) 2,5-Dimethoxyphenethylamine and any compound
616	616	structurally derived from 2,5-Dimethoxyphenethylamine by
617	617	substitution at the 4-position of the phenyl ring to any extent
618	618	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
619	619	substituents), including, by example, compounds such as:
620	620	4-Bromo-2,5-dimethoxyphenethylamine (trade or
621	621	other name: 2C-B);
622	622	4-Chloro-2,5-dimethoxyphenethylamine (trade or
623	623	other name: 2C-C);
624	624	2,5-Dimethoxy-4-methylphenethylamine (trade or
625	625	other name: 2C-D);
626	626	4-Ethyl-2,5-dimethoxyphenethylamine (trade or
627	627	other name: 2C-E);
628	628	4-Iodo-2,5-dimethoxyphenethylamine (trade or
629	629	other name: 2C-I);
630	630	2,5-Dimethoxy-4-nitrophenethylamine (trade or
631	631	other name: 2C-N);
632	632	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
633	633	or other name: 2C-P);
634	634	4-Ethylthio-2,5-dimethoxyphenethylamine (trade
635	635	or other name: 2C-T-2);
636	636	4-Isopropylthio-2,5-dimethoxyphenethylamine
637	637	(trade or other name: 2C-T-4); and
638	638	2,5-Dimethoxy-4-(n)-propylthiophenethylamine
639	639	(trade or other name: 2C-T-7); and
640	640	(7) 2,5-Dimethoxyamphetamine and any compound
641	641	structurally derived from 2,5-Dimethoxyamphetamine by substitution
642	642	at the 4-position of the phenyl ring to any extent (including alkyl,
643	643	alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
644	644	including, by example, compounds such as:
645	645	4-Ethylthio-2,5-dimethoxyamphetamine (trade or
646	646	other name: Aleph-2);
647	647	4-Isopropylthio-2,5-dimethoxyamphetamine (trade
648	648	or other name: Aleph-4);
649	649	4-Bromo-2,5-dimethoxyamphetamine (trade or other
650	650	name: DOB);
651	651	4-Chloro-2,5-dimethoxyamphetamine (trade or
652	652	other name: DOC);
653	653	2,5-Dimethoxy-4-ethylamphetamine (trade or other
654	654	name: DOET);
655	655	4-Iodo-2,5-dimethoxyamphetamine (trade or other
656	656	name: DOI);
657	657	2,5-Dimethoxy-4-methylamphetamine (trade or
658	658	other name: DOM);
659	659	2,5-Dimethoxy-4-nitroamphetamine (trade or other
660	660	name: DON);
661	661	4-Isopropyl-2,5-dimethoxyamphetamine (trade or
662	662	other name: DOIP); and
663	663	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
664	664	other name: DOPR).
665	665	SECTION 15. Section 481.1031(b), Health and Safety Code, is
666	666	amended to read as follows:
667	667	(b) Penalty Group 2-A consists of any material, compound,
668	668	mixture, or preparation that contains any quantity of a natural or
669	669	synthetic chemical substance, including its salts, isomers, and
670	670	salts of isomers, listed by name in this subsection or contained
671	671	within one of the structural classes defined in this subsection:
672	672	(1) WIN-55,212-2;
673	673	(2) Cyclohexylphenol: any compound structurally
674	674	derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the
675	675	5-position of the phenolic ring, (N-methylpiperidin-2-yl)alkyl,
676	676	(4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or
677	677	not substituted in the cyclohexyl ring to any extent, including:
678	678	JWH-337;
679	679	JWH-344;
680	680	CP-55,940;
681	681	CP-47,497; and
682	682	analogues of CP-47,497;
683	683	(3) Cannabinol derivatives, except where contained in
684	684	cannabis [marihuana], including tetrahydro derivatives of
685	685	cannabinol and 3-alkyl homologues of cannabinol or of its
686	686	tetrahydro derivatives, such as:
687	687	Nabilone;
688	688	HU-210; and
689	689	HU-211;
690	690	(4) Tetramethylcyclopropyl thiazole: any compound
691	691	structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-
692	692	2-ylidene)cyclopropanecarboxamide by substitution at the nitrogen
693	693	atom of the thiazole ring, whether or not further substituted in the
694	694	thiazole ring to any extent, whether or not substituted in the
695	695	tetramethylcyclopropyl ring to any extent, including:
696	696	A-836,339;
697	697	(5) any compound containing a core component
698	698	substituted at the 1-position to any extent, and substituted at the
699	699	3-position with a link component attached to a group A component,
700	700	whether or not the core component or group A component are further
701	701	substituted to any extent, including:
702	702	Naphthoylindane;
703	703	Naphthoylindazole (THJ-018);
704	704	Naphthyl methyl indene (JWH-171);
705	705	Naphthoylindole (JWH-018);
706	706	Quinolinoyl pyrazole carboxylate (Quinolinyl
707	707	fluoropentyl fluorophenyl pyrazole carboxylate);
708	708	Naphthoyl pyrazolopyridine; and
709	709	Naphthoylpyrrole (JWH-030);
710	710	(6) any compound containing a core component
711	711	substituted at the 1-position to any extent, and substituted at the
712	712	2-position with a link component attached to a group A component,
713	713	whether or not the core component or group A component are further
714	714	substituted to any extent, including:
715	715	Naphthoylbenzimidazole (JWH-018 Benzimidazole);
716	716	and
717	717	Naphthoylimidazole;
718	718	(7) any compound containing a core component
719	719	substituted at the 3-position to any extent, and substituted at the
720	720	2-position with a link component attached to a group A component,
721	721	whether or not the core component or group A component are further
722	722	substituted to any extent, including:
723	723	Naphthoyl benzothiazole; and
724	724	(8) any compound containing a core component
725	725	substituted at the 9-position to any extent, and substituted at the
726	726	3-position with a link component attached to a group A component,
727	727	whether or not the core component or group A component are further
728	728	substituted to any extent, including:
729	729	Naphthoylcarbazole (EG-018).
730	730	SECTION 16. Section 481.111(e), Health and Safety Code, is
731	731	amended to read as follows:
732	732	(e) Sections 481.120, 481.121, 481.122, and 481.125 do not
733	733	apply to a person who engages in the acquisition, possession,
734	734	production, cultivation, delivery, or disposal of a raw material
735	735	used in or by-product created by the production or cultivation of
736	736	low-THC cannabis if the person:
737	737	(1) for an offense involving possession only of
738	738	cannabis [marihuana] or drug paraphernalia, is a patient for whom
739	739	low-THC cannabis is prescribed under Chapter 169, Occupations Code,
740	740	or the patient's legal guardian, and the person possesses low-THC
741	741	cannabis obtained under a valid prescription from a dispensing
742	742	organization; or
743	743	(2) is a director, manager, or employee of a
744	744	dispensing organization and the person, solely in performing the
745	745	person's regular duties at the organization, acquires, possesses,
746	746	produces, cultivates, dispenses, or disposes of:
747	747	(A) in reasonable quantities, any low-THC
748	748	cannabis or raw materials used in or by-products created by the
749	749	production or cultivation of low-THC cannabis; or
750	750	(B) any drug paraphernalia used in the
751	751	acquisition, possession, production, cultivation, delivery, or
752	752	disposal of low-THC cannabis.
753	753	SECTION 17. Section 481.120, Health and Safety Code, is
754	754	amended to read as follows:
755	755	Sec. 481.120. OFFENSE: DELIVERY OF CANNABIS [MARIHUANA].
756	756	(a) Except as authorized by this chapter, a person commits an
757	757	offense if the person knowingly or intentionally delivers cannabis
758	758	[marihuana].
759	759	(b) An offense under Subsection (a) is:
760	760	(1) a Class B misdemeanor if the amount of cannabis
761	761	[marihuana] delivered is one-fourth ounce or less and the person
762	762	committing the offense does not receive remuneration for the
763	763	cannabis [marihuana];
764	764	(2) a Class A misdemeanor if the amount of cannabis
765	765	[marihuana] delivered is one-fourth ounce or less and the person
766	766	committing the offense receives remuneration for the cannabis
767	767	[marihuana];
768	768	(3) a state jail felony if the amount of cannabis
769	769	[marihuana] delivered is five pounds or less but more than
770	770	one-fourth ounce;
771	771	(4) a felony of the second degree if the amount of
772	772	cannabis [marihuana] delivered is 50 pounds or less but more than
773	773	five pounds;
774	774	(5) a felony of the first degree if the amount of
775	775	cannabis [marihuana] delivered is 2,000 pounds or less but more
776	776	than 50 pounds; and
777	777	(6) punishable by imprisonment in the Texas Department
778	778	of Criminal Justice for life or for a term of not more than 99 years
779	779	or less than 10 years, and a fine not to exceed $100,000, if the
780	780	amount of cannabis [marihuana] delivered is more than 2,000 pounds.
781	781	SECTION 18. Section 481.121, Health and Safety Code, is
782	782	amended to read as follows:
783	783	Sec. 481.121. OFFENSE: POSSESSION OF CANNABIS [MARIHUANA].
784	784	(a) Except as authorized by this chapter, a person commits an
785	785	offense if the person knowingly or intentionally possesses a usable
786	786	quantity of cannabis [marihuana].
787	787	(b) An offense under Subsection (a) is:
788	788	(1) a Class B misdemeanor if the amount of cannabis
789	789	[marihuana] possessed is two ounces or less;
790	790	(2) a Class A misdemeanor if the amount of cannabis
791	791	[marihuana] possessed is four ounces or less but more than two
792	792	ounces;
793	793	(3) a state jail felony if the amount of cannabis
794	794	[marihuana] possessed is five pounds or less but more than four
795	795	ounces;
796	796	(4) a felony of the third degree if the amount of
797	797	cannabis [marihuana] possessed is 50 pounds or less but more than 5
798	798	pounds;
799	799	(5) a felony of the second degree if the amount of
800	800	cannabis [marihuana] possessed is 2,000 pounds or less but more
801	801	than 50 pounds; and
802	802	(6) punishable by imprisonment in the Texas Department
803	803	of Criminal Justice for life or for a term of not more than 99 years
804	804	or less than 5 years, and a fine not to exceed $50,000, if the amount
805	805	of cannabis [marihuana] possessed is more than 2,000 pounds.
806	806	SECTION 19. The heading to Section 481.122, Health and
807	807	Safety Code, is amended to read as follows:
808	808	Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR
809	809	CANNABIS [MARIHUANA] TO CHILD.
810	810	SECTION 20. Sections 481.122(a) and (b), Health and Safety
811	811	Code, are amended to read as follows:
812	812	(a) A person commits an offense if the person knowingly
813	813	delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
814	814	or 3 or knowingly delivers cannabis [marihuana] and the person
815	815	delivers the controlled substance or cannabis [marihuana] to a
816	816	person:
817	817	(1) who is a child;
818	818	(2) who is enrolled in a public or private primary or
819	819	secondary school; or
820	820	(3) who the actor knows or believes intends to deliver
821	821	the controlled substance or cannabis [marihuana] to a person
822	822	described by Subdivision (1) or (2).
823	823	(b) It is an affirmative defense to prosecution under this
824	824	section that:
825	825	(1) the actor was a child when the offense was
826	826	committed; or
827	827	(2) the actor:
828	828	(A) was younger than 21 years of age when the
829	829	offense was committed;
830	830	(B) delivered only cannabis [marihuana] in an
831	831	amount equal to or less than one-fourth ounce; and
832	832	(C) did not receive remuneration for the
833	833	delivery.
834	834	SECTION 21. Section 481.133(c), Health and Safety Code, is
835	835	amended to read as follows:
836	836	(c) In this section, "drug test" means a lawfully
837	837	administered test designed to detect the presence of a controlled
838	838	substance or cannabis [marihuana].
839	839	SECTION 22. Section 31.0031(d), Human Resources Code, is
840	840	amended to read as follows:
841	841	(d) The responsibility agreement shall require that:
842	842	(1) the parent of a dependent child cooperate with the
843	843	commission and the Title IV-D agency if necessary to establish the
844	844	paternity of the dependent child and to establish or enforce child
845	845	support;
846	846	(2) if adequate and accessible providers of the
847	847	services are available in the geographic area and subject to the
848	848	availability of funds, each dependent child, as appropriate,
849	849	complete early and periodic screening, diagnosis, and treatment
850	850	checkups on schedule and receive the immunization series prescribed
851	851	by Section 161.004, Health and Safety Code, unless the child is
852	852	exempt under that section;
853	853	(3) each adult recipient, or teen parent recipient who
854	854	has completed the requirements regarding school attendance in
855	855	Subdivision (6), not voluntarily terminate paid employment of at
856	856	least 30 hours each week without good cause in accordance with rules
857	857	adopted by the executive commissioner;
858	858	(4) each adult recipient for whom a needs assessment
859	859	is conducted participate in an activity to enable that person to
860	860	become self-sufficient by:
861	861	(A) continuing the person's education or
862	862	becoming literate;
863	863	(B) entering a job placement or employment skills
864	864	training program;
865	865	(C) serving as a volunteer in the person's
866	866	community; or
867	867	(D) serving in a community work program or other
868	868	work program approved by the commission;
869	869	(5) each caretaker relative or parent receiving
870	870	assistance not use, sell, or possess cannabis [marihuana] or a
871	871	controlled substance in violation of Chapter 481, Health and Safety
872	872	Code, or abuse alcohol;
873	873	(6) each dependent child younger than 18 years of age
874	874	or teen parent younger than 19 years of age attend school regularly,
875	875	unless the child has a high school diploma or high school
876	876	equivalency certificate or is specifically exempted from school
877	877	attendance under Section 25.086, Education Code;
878	878	(7) each recipient comply with commission rules
879	879	regarding proof of school attendance; and
880	880	(8) each recipient attend appropriate parenting
881	881	skills training classes, as determined by the needs assessment.
882	882	SECTION 23. Section 1355.006, Insurance Code, is amended to
883	883	read as follows:
884	884	Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
885	885	CONTROLLED SUBSTANCE OR CANNABIS [MARIHUANA] NOT REQUIRED. (a) In
886	886	this section, "cannabis" and "controlled substance" [and
887	887	"marihuana"] have the meanings assigned by Section 481.002, Health
888	888	and Safety Code.
889	889	(b) This subchapter does not require a group health benefit
890	890	plan to provide coverage for the treatment of:
891	891	(1) addiction to a controlled substance or cannabis
892	892	[marihuana] that is used in violation of law; or
893	893	(2) mental illness that results from the use of a
894	894	controlled substance or cannabis [marihuana] in violation of law.
895	895	SECTION 24. This Act takes effect September 1, 2019.