86R7406 JSC-F
By: Bell of Kaufman H.B. No. 1261
A BILL TO BE ENTITLED
AN ACT
relating to a presumption that applies to certain conduct involving
certain controlled substances that endangers a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.041(c-1), Penal Code, is amended to
read as follows:
(c-1) For purposes of Subsection (c), it is presumed that a
person engaged in conduct that places a child in imminent danger of
death, bodily injury, or physical or mental impairment if:
(1) in the presence of the child, the person
manufactured, possessed, or in any way introduced into the body of
any person a [the] controlled substance listed in Penalty Group 1,
Section 481.102, Health and Safety Code [methamphetamine in the
presence of the child]; or
(2) the person's conduct related to the proximity or
accessibility to the child of a [the] controlled substance listed
in Penalty Group 1, Section 481.102, Health and Safety Code,
[methamphetamine to the child] and an analysis of a specimen of the
child's blood, urine, or other bodily substance indicates the
presence of the substance [methamphetamine] in the child's body[;
or
[(3) the person injected, ingested, inhaled, or
otherwise introduced a controlled substance listed in Penalty Group
1, Section 481.102, Health and Safety Code, into the human body when
the person was not in lawful possession of the substance as defined
by Section 481.002(24) of that code].
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, 2019.