Texas 2019 - 86th Regular

Texas House Bill HB2518 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R25478 JSC-D
2		-	By: Toth, Moody, Canales, Miller, Dutton, H.B. No. 2518
3		-	et al.
4		-	Substitute the following for H.B. No. 2518:
5		-	By: González of Dallas C.S.H.B. No. 2518
	1	+	86R2656 JSC-D
	2	+	By: Toth H.B. No. 2518
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	relating to the possession of two ounces or less of marihuana.
	7	+	relating to the penalties for the possession of two ounces or less
	8	+	of marihuana.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Article 14.01, Code of Criminal Procedure, is
13		-	amended by adding Subsection (c) to read as follows:
14		-	(c) Notwithstanding Subsection (a) or (b), a peace officer
15		-	or any other person may not, without a warrant, arrest an offender
16		-	for a misdemeanor punishable by fine only under Section
17		-	481.121(b)(1), Health and Safety Code.
18		-	SECTION 2. Article 14.03, Code of Criminal Procedure, is
19		-	amended by adding Subsection (h) to read as follows:
20		-	(h) Notwithstanding Subsection (a), (d), or (g), a peace
21		-	officer may not, without a warrant, arrest a person who only commits
22		-	an offense punishable by fine only under Section 481.121(b)(1),
23		-	Health and Safety Code.
24		-	SECTION 3. Article 14.06(d), Code of Criminal Procedure, is
	10	+	SECTION 1. Article 14.06(d), Code of Criminal Procedure, is
25	11		amended to read as follows:
26	12		(d) Subsection (c) applies only to a person charged with
27	13		committing an offense under:
28	14		(1) Section 481.121, Health and Safety Code, if the
29	15		offense is punishable under Subsection (b)(2) [(b)(1) or (2)] of
30	16		that section;
31	17		(1-a) Section 481.1161, Health and Safety Code, if the
32	18		offense is punishable under Subsection (b)(1) or (2) of that
33	19		section;
34	20		(2) Section 28.03, Penal Code, if the offense is
35	21		punishable under Subsection (b)(2) of that section;
36	22		(3) Section 28.08, Penal Code, if the offense is
37	23		punishable under Subsection (b)(2) or (3) of that section;
38	24		(4) Section 31.03, Penal Code, if the offense is
39	25		punishable under Subsection (e)(2)(A) of that section;
40	26		(5) Section 31.04, Penal Code, if the offense is
41	27		punishable under Subsection (e)(2) of that section;
42	28		(6) Section 38.114, Penal Code, if the offense is
43	29		punishable as a Class B misdemeanor; or
44	30		(7) Section 521.457, Transportation Code.
45		-	SECTION 4. Section 481.121(b), Health and Safety Code, is
	31	+	SECTION 2. Section 481.121(b), Health and Safety Code, is
46	32		amended to read as follows:
47	33		(b) An offense under Subsection (a) is:
48	34		(1) a Class C [B] misdemeanor if the amount of
49	35		marihuana possessed is two ounces or less;
50	36		(2) a Class A misdemeanor if the amount of marihuana
51	37		possessed is four ounces or less but more than two ounces;
52	38		(3) a state jail felony if the amount of marihuana
53	39		possessed is five pounds or less but more than four ounces;
54	40		(4) a felony of the third degree if the amount of
55	41		marihuana possessed is 50 pounds or less but more than 5 pounds;
56	42		(5) a felony of the second degree if the amount of
57	43		marihuana possessed is 2,000 pounds or less but more than 50 pounds;
58	44		and
59	45		(6) punishable by imprisonment in the Texas Department
60	46		of Criminal Justice for life or for a term of not more than 99 years
61	47		or less than 5 years, and a fine not to exceed $50,000, if the amount
62	48		of marihuana possessed is more than 2,000 pounds.
63		-	SECTION 5. Section 481.134(f), Health and Safety Code, is
	49	+	SECTION 3. Section 481.134(f), Health and Safety Code, is
64	50		amended to read as follows:
65	51		(f) An offense otherwise punishable under Section
66	52		481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a
67	53		Class A misdemeanor if it is shown on the trial of the offense that
68	54		the offense was committed:
69	55		(1) in, on, or within 1,000 feet of any real property
70	56		that is owned, rented, or leased to a school or school board, the
71	57		premises of a public or private youth center, or a playground; or
72	58		(2) on a school bus.
73		-	SECTION 6. Section 411.0728(a), Government Code, is amended
	59	+	SECTION 4. Section 411.0728(a), Government Code, is amended
74	60		to read as follows:
75	61		(a) This section applies only to a person:
76	62		(1) who is placed on community supervision under
77	63		Chapter 42A, Code of Criminal Procedure, after conviction for an
78	64		offense under:
79	65		(A) Section 481.120, Health and Safety Code, if
80	66		the offense is punishable under Subsection (b)(1);
81	67		(B) [Section 481.121, Health and Safety Code, if
82	68		the offense is punishable under Subsection (b)(1);
83	69		[(C)] Section 31.03, Penal Code, if the offense
84	70		is punishable under Subsection (e)(1) or (2);
85	71		(C) [(D)] Section 43.02, Penal Code; or
86	72		(D) [(E)] Section 43.03(a)(2), Penal Code, if
87	73		the offense is punishable as a Class A misdemeanor; and
88	74		(2) with respect to whom the conviction is
89	75		subsequently set aside by the court under Article 42A.701, Code of
90	76		Criminal Procedure.
91		-	SECTION 7. Section 521.372, Transportation Code, is amended
92		-	by adding Subsection (d) to read as follows:
93		-	(d) Notwithstanding Subsection (a), a person's license is
94		-	not automatically suspended on conviction of an offense punishable
95		-	by fine only under Section 481.121(b)(1), Health and Safety Code.
96		-	Notwithstanding Subsection (b), the department is not prohibited
97		-	from issuing a driver's license to a person convicted of an offense
98		-	punishable by fine only under Section 481.121(b)(1), Health and
99		-	Safety Code, who, on the date of the conviction, did not hold a
100		-	driver's license.
101		-	SECTION 8. Articles 14.01(c) and 14.03(h), Code of Criminal
102		-	Procedure, as added by this Act, apply only to an offense committed
103		-	on or after the effective date of this Act. An offense committed
104		-	before the effective date of this Act is governed by the law in
105		-	effect on the date the offense was committed, and the former law is
106		-	continued in effect for that purpose. For purposes of this section,
107		-	an offense was committed before the effective date of this Act if
108		-	any element of the offense occurred before that date.
109		-	SECTION 9. Sections 481.121 and 481.134, Health and Safety
110		-	Code, as amended by this Act, apply to an offense committed under
111		-	Section 481.121 or an offense committed under Section 481.121 and
112		-	punishable under Section 481.134 before, on, or after September 1,
113		-	2019, except that a final conviction for an offense that exists on
114		-	September 1, 2019, is unaffected by this Act.
115		-	SECTION 10. (a) Except as provided by Subsection (b) of
116		-	this section, this Act takes effect September 1, 2019.
117		-	(b) Section 521.372(d), Transportation Code, as added by
118		-	this Act, takes effect on the 91st day after the date the office of
119		-	the attorney general publishes in the Texas Register a finding
120		-	that:
121		-	(1) the legislature of this state has adopted a
122		-	resolution expressing the legislature's opposition to a law meeting
123		-	the requirements of 23 U.S.C. Section 159 in suspending, revoking,
124		-	or denying the driver's license of a person convicted of a drug
125		-	offense for a period of six months;
126		-	(2) the governor of this state has submitted to the
127		-	United States secretary of transportation:
128		-	(A) a written certification of the governor's
129		-	opposition to the enactment or enforcement of a law required under
130		-	23 U.S.C. Section 159; and
131		-	(B) a written certification that the legislature
132		-	has adopted the resolution described by Subdivision (1) of this
133		-	subsection; and
134		-	(3) the United States secretary of transportation has
135		-	responded to the governor's submission and certified that highway
136		-	funds will not be withheld from this state in response to any
137		-	modification to or repeal of the law required under 23 U.S.C.
138		-	Section 159.
	77	+	SECTION 5. The change in law made by this Act applies only
	78	+	to an offense committed on or after the effective date of this Act.
	79	+	An offense committed before the effective date of this Act is
	80	+	governed by the law in effect on the date the offense was committed,
	81	+	and the former law is continued in effect for that purpose. For
	82	+	purposes of this section, an offense was committed before the
	83	+	effective date of this Act if any element of the offense occurred
	84	+	before that date.
	85	+	SECTION 6. This Act takes effect September 1, 2019.