86R1596 GCB-D
By: Canales H.B. No. 551
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and criminal penalties for the
possession of marihuana concentrate; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. AMENDMENTS TO TEXAS CONTROLLED SUBSTANCES ACT
SECTION 1.01. Section 481.002, Health and Safety Code, is
amended by adding Subdivision (57) to read as follows:
(57) "Marihuana concentrate" means the resin
extracted from a part of the plant Cannabis sativa L., or a
compound, manufacture, salt, derivative, mixture, or preparation
of the resin.
SECTION 1.02. Section 481.103(a), Health and Safety Code,
is amended to read as follows:
(a) Penalty Group 2 consists of:
(1) any quantity of the following hallucinogenic
substances, their salts, isomers, and salts of isomers, unless
specifically excepted, if the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran
(5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran
(6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine
(5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine
(6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
methanol, D2PM);
Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and Drug
Administration approved drug product (some trade or other names for
Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
(trans)- tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or
other names: N-ethyl-1-phenylcyclohexylamine, (1-
phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
cyclohexamine, PCE);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
(trade or other name: methoxetamine);
Ibogaine (some trade or other names: 7-Ethyl-6, 6,
beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
(some trade and other names: 2-MeO-ketamine; methoxyketamine);
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade
and other names: 4-methyl-2, 5-dimethoxy-alpha-
methylphenethylamine; "DOM"; "STP");
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also
known as N-ethyl MDA);
5,6-methylenedioxy-2-aminoindane (MDAI);
Nabilone (Another name for nabilone: (+)-trans-
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
N-benzylpiperazine (some trade or other names:
BZP; 1-benzylpiperazine);
N-ethyl-3-piperidyl benzilate;
N-hydroxy-3,4-methylenedioxyamphetamine (Also
known as N-hydroxy MDA);
4-methylaminorex;
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names: 3-Hexyl-1-
hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
pyran; Synhexyl);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Pyrrolidine Analog of Phencyclidine (some trade
or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
Tetrahydrocannabinols, other than marihuana or
marihuana concentrate, and synthetic equivalents of the substances
contained in the plant, or in the resinous extractives of Cannabis,
or synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity such as:
delta-1 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-6 cis or trans tetrahydrocannabinol,
and their optical isomers;
delta-3, 4 cis or trans
tetrahydrocannabinol, and its optical isomers; or
compounds of these structures, regardless of
numerical designation of atomic positions, since nomenclature of
these substances is not internationally standardized;
Thiophene Analog of Phencyclidine (some trade or
other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
Analog of Phencyclidine; TPCP, TCP);
1-pyrrolidine (some trade or other name: TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or
other name: TFMPP); and
3,4,5-trimethoxy amphetamine;
(2) Phenylacetone (some trade or other names:
Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
ketone);
(3) unless specifically excepted or unless listed in
another Penalty Group, a material, compound, mixture, or
preparation that contains any quantity of the following substances
having a potential for abuse associated with a depressant or
stimulant effect on the central nervous system:
Aminorex (some trade or other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
phenyl-2-oxazolamine);
Amphetamine, its salts, optical isomers, and
salts of optical isomers;
Cathinone (some trade or other names: 2-amino-1-
phenyl-1-propanone, alpha-aminopropiophenone, 2-
aminopropiophenone);
Etaqualone and its salts;
Etorphine Hydrochloride;
Fenethylline and its salts;
Lisdexamfetamine, including its salts, isomers,
and salts of isomers;
Mecloqualone and its salts;
Methaqualone and its salts;
Methcathinone (some trade or other names: 2-
methylamino-propiophenone; alpha-(methylamino)propriophenone;
2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropriophenone; monomethylpropion; ephedrone, N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
1431);
N-Ethylamphetamine, its salts, optical isomers,
and salts of optical isomers; and
N,N-dimethylamphetamine (some trade or other
names: N,N,alpha-trimethylbenzeneethanamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
and salts of optical isomers;
(4) any compound structurally derived from
2-aminopropanal by substitution at the 1-position with any
monocyclic or fused-polycyclic ring system, including:
(A) compounds further modified by:
(i) substitution in the ring system to any
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents), whether or not further substituted in the
ring system by other substituents;
(ii) substitution at the 3-position with an
alkyl substituent; or
(iii) substitution at the 2-amino nitrogen
atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
inclusion of the 2-amino nitrogen atom in a cyclic structure; and
(B) by example, compounds such as:
4-Methylmethcathinone (Also known as
Mephedrone);
3,4-Dimethylmethcathinone (Also known as
3,4-DMMC);
3-Fluoromethcathinone (Also known as 3-FMC);
4-Fluoromethcathinone (Also known as
Flephedrone);
3,4-Methylenedioxy-N-methylcathinone (Also
known as Methylone);
3,4-Methylenedioxypyrovalerone (Also known
as MDPV);
alpha-Pyrrolidinopentiophenone (Also known
as alpha-PVP);
Naphthylpyrovalerone (Also known as
Naphyrone);
alpha-Methylamino-valerophenone (Also known
as Pentedrone);
beta-Keto-N-methylbenzodioxolylpropylamine
(Also known as Butylone);
beta-Keto-N-methylbenzodioxolylpentanamine
(Also known as Pentylone);
beta-Keto-Ethylbenzodioxolylbutanamine
(Also known as Eutylone); and
3,4-methylenedioxy-N-ethylcathinone (Also
known as Ethylone);
(5) any compound structurally derived from tryptamine
(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A) by modification in any of the following ways:
(i) by substitution at the amine nitrogen
atom of the sidechain to any extent with alkyl or alkenyl groups or
by inclusion of the amine nitrogen atom of the side chain (and no
other atoms of the side chain) in a cyclic structure;
(ii) by substitution at the carbon atom
adjacent to the nitrogen atom of the side chain (alpha-position)
with an alkyl or alkenyl group;
(iii) by substitution in the 6-membered
ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
alkylenedioxy, or halide substituents; or
(iv) by substitution at the 2-position of
the tryptamine ring system with an alkyl substituent; and
(B) including:
(i) ethers and esters of the controlled
substances listed in this subdivision; and
(ii) by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
Bufotenine (some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
5-hydroxy-N, N- dimethyltryptamine; mappine);
Diethyltryptamine (some trade and
other names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other
name: DMT);
5-methoxy-N, N-diisopropyltryptamine
(5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name:
4-Aco-DMT);
Psilocin; and
Psilocybin;
(6) 2,5-Dimethoxyphenethylamine and any compound
structurally derived from 2,5-Dimethoxyphenethylamine by
substitution at the 4-position of the phenyl ring to any extent
(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents), including, by example, compounds such as:
4-Bromo-2,5-dimethoxyphenethylamine (trade or
other name: 2C-B);
4-Chloro-2,5-dimethoxyphenethylamine (trade or
other name: 2C-C);
2,5-Dimethoxy-4-methylphenethylamine (trade or
other name: 2C-D);
4-Ethyl-2,5-dimethoxyphenethylamine (trade or
other name: 2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (trade or
other name: 2C-I);
2,5-Dimethoxy-4-nitrophenethylamine (trade or
other name: 2C-N);
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
or other name: 2C-P);
4-Ethylthio-2,5-dimethoxyphenethylamine (trade
or other name: 2C-T-2);
4-Isopropylthio-2,5-dimethoxyphenethylamine
(trade or other name: 2C-T-4); and
2,5-Dimethoxy-4-(n)-propylthiophenethylamine
(trade or other name: 2C-T-7); and
(7) 2,5-Dimethoxyamphetamine and any compound
structurally derived from 2,5-Dimethoxyamphetamine by substitution
at the 4-position of the phenyl ring to any extent (including alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
including, by example, compounds such as:
4-Ethylthio-2,5-dimethoxyamphetamine (trade or
other name: Aleph-2);
4-Isopropylthio-2,5-dimethoxyamphetamine (trade
or other name: Aleph-4);
4-Bromo-2,5-dimethoxyamphetamine (trade or other
name: DOB);
4-Chloro-2,5-dimethoxyamphetamine (trade or
other name: DOC);
2,5-Dimethoxy-4-ethylamphetamine (trade or other
name: DOET);
4-Iodo-2,5-dimethoxyamphetamine (trade or other
name: DOI);
2,5-Dimethoxy-4-methylamphetamine (trade or
other name: DOM);
2,5-Dimethoxy-4-nitroamphetamine (trade or other
name: DON);
4-Isopropyl-2,5-dimethoxyamphetamine (trade or
other name: DOIP); and
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
other name: DOPR).
SECTION 1.03. Sections 481.111(c) and (e), Health and
Safety Code, are amended to read as follows:
(c) A person does not violate Section 481.113, 481.1132,
481.116, 481.1161, 481.121, 481.1211, or 481.125 if the person
possesses or delivers tetrahydrocannabinols or their derivatives,
or drug paraphernalia to be used to introduce tetrahydrocannabinols
or their derivatives into the human body, for use in a federally
approved therapeutic research program.
(e) Sections 481.120, 481.121, 481.1211, 481.122, and
481.125 do not apply to a person who engages in the acquisition,
possession, production, cultivation, delivery, or disposal of a raw
material used in or by-product created by the production or
cultivation of low-THC cannabis if the person:
(1) for an offense involving possession only of
marihuana, marihuana concentrate, or drug paraphernalia, is a
patient for whom low-THC cannabis is prescribed under Chapter 169,
Occupations Code, or the patient's legal guardian, and the person
possesses low-THC cannabis obtained under a valid prescription from
a dispensing organization; or
(2) is a director, manager, or employee of a
dispensing organization and the person, solely in performing the
person's regular duties at the organization, acquires, possesses,
produces, cultivates, dispenses, or disposes of:
(A) in reasonable quantities, any low-THC
cannabis or raw materials used in or by-products created by the
production or cultivation of low-THC cannabis; or
(B) any drug paraphernalia used in the
acquisition, possession, production, cultivation, delivery, or
disposal of low-THC cannabis.
SECTION 1.04. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.1132 to read as follows:
Sec. 481.1132. OFFENSE: MANUFACTURE OR DELIVERY OF
MARIHUANA CONCENTRATE. (a) Except as authorized by this chapter, a
person commits an offense if the person knowingly manufactures,
delivers, or possesses with intent to deliver marihuana
concentrate.
(b) An offense under Subsection (a) is a state jail felony
if the amount of marihuana concentrate is, by aggregate weight,
including adulterants or dilutants, less than four grams.
(c) An offense under Subsection (a) is a felony of the
second degree if the amount of marihuana concentrate is, by
aggregate weight, including adulterants or dilutants, four grams or
more but less than eight grams.
(d) An offense under Subsection (a) is a felony of the first
degree if the amount of marihuana concentrate is, by aggregate
weight, including adulterants or dilutants, eight grams or more but
less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the Texas Department of Criminal Justice for life
or for a term of not more than 99 years or less than 10 years, and a
fine not to exceed $100,000, if the amount of marihuana concentrate
is, by aggregate weight, including adulterants or dilutants, 400
grams or more.
SECTION 1.05. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.1211 to read as follows:
Sec. 481.1211. OFFENSE: POSSESSION OF MARIHUANA
CONCENTRATE. (a) Except as authorized by this chapter, a person
commits an offense if the person knowingly or intentionally
possesses a usable quantity of marihuana concentrate.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
concentrate possessed is four grams or less;
(2) a Class A misdemeanor if the amount of marihuana
concentrate possessed is eight grams or less but more than four
grams;
(3) a state jail felony if the amount of marihuana
concentrate possessed is 400 grams or less but more than eight
grams;
(4) a felony of the third degree if the amount of
marihuana concentrate possessed is four kilograms or less but more
than 400 grams;
(5) a felony of the second degree if the amount of
marihuana concentrate possessed is 160 kilograms or less but more
than four kilograms; and
(6) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 5 years, and a fine not to exceed $50,000, if the amount
of marihuana concentrate possessed is more than 160 kilograms.
SECTION 1.06. The heading to Section 481.122, Health and
Safety Code, is amended to read as follows:
Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE,
MARIHUANA, OR MARIHUANA CONCENTRATE TO CHILD.
SECTION 1.07. Section 481.122(a), Health and Safety Code,
is amended to read as follows:
(a) A person commits an offense if the person knowingly
delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
or 3 or knowingly delivers marihuana or marihuana concentrate and
the person delivers the controlled substance, marihuana, or
marihuana concentrate to a person:
(1) who is a child;
(2) who is enrolled in a public or private primary or
secondary school; or
(3) who the actor knows or believes intends to deliver
the controlled substance, marihuana, or marihuana concentrate to a
person described by Subdivision (1) or (2).
SECTION 1.08. Section 481.126(a), Health and Safety Code,
is amended to read as follows:
(a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of:
(A) an offense under Section 481.121(a) that is
punishable under Section 481.121(b)(5); or
(B) an offense under Section 481.1211(a) that is
punishable under Section 481.1211(b)(5);
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of:
(A) an offense under Section 481.121(a) that is
punishable under Section 481.121(b)(5); or
(B) an offense under Section 481.1211(a) that is
punishable under Section 481.1211(b)(5).
SECTION 1.09. Section 481.133(c), Health and Safety Code,
is amended to read as follows:
(c) In this section, "drug test" means a lawfully
administered test designed to detect the presence of a controlled
substance, marihuana, or marihuana concentrate.
SECTION 1.10. Sections 481.134(b), (c), (d), (e), and (f),
Health and Safety Code, are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.1121, 481.113, 481.1132, 481.114, or
481.120 is punishable as a felony of the third degree, and an
offense otherwise punishable as a felony of the second degree under
any of those sections is punishable as a felony of the first degree,
if it is shown at the punishment phase of the trial of the offense
that the offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher education [learning],
the premises of a public or private youth center, or a playground;
or
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
481.1132(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
(d), or (e), 481.120(b)(4), (5), or (6), [or] 481.121(b)(4), (5),
or (6), or 481.1211(b)(4), (5), or (6) is increased by five years
and the maximum fine for the offense is doubled if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.1121(b)(1), 481.113(b), 481.1132(b), 481.114(b),
481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
481.120(b)(3), [or] 481.121(b)(3), or 481.1211(b)(3) is a felony of
the third degree if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), [or] 481.121(b)(2), or
481.1211(b)(2) is a state jail felony if it is shown on the trial of
the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), [or] 481.121(b)(1), or
481.1211(b)(1) is a Class A misdemeanor if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
SECTION 1.11. Section 481.140(a), Health and Safety Code,
is amended to read as follows:
(a) If it is shown at the punishment phase of the trial of an
offense otherwise punishable as a state jail felony, felony of the
third degree, or felony of the second degree under Section 481.112,
481.1121, 481.113, 481.1132, 481.114, 481.120, or 481.122 that the
defendant used or attempted to use a child younger than 18 years of
age to commit or assist in the commission of the offense, the
punishment is increased by one degree, unless the defendant used or
threatened to use force against the child or another to gain the
child's assistance, in which event the punishment for the offense
is a felony of the first degree.
SECTION 1.12. Section 481.141(b), Health and Safety Code,
is amended to read as follows:
(b) This section applies to an offense otherwise punishable
as a state jail felony, felony of the third degree, or felony of the
second degree under Section 481.112, 481.1121, 481.113, 481.1132,
481.114, or 481.122.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Article 13.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.22. POSSESSION AND DELIVERY OF MARIHUANA OR
MARIHUANA CONCENTRATE. An offense of possession or delivery of
marihuana or marihuana concentrate may be prosecuted in the county
where the offense was committed or with the consent of the defendant
in a county that is adjacent to and in the same judicial district as
the county where the offense was committed.
SECTION 2.02. Article 14.06(d), Code of Criminal Procedure,
is amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(1-b) Section 481.1211, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 2.03. Article 15.27(h), Code of Criminal Procedure,
is amended to read as follows:
(h) This article applies to any felony offense and the
following misdemeanors:
(1) an offense under Section 20.02, 21.08, 22.01,
22.05, 22.07, or 71.02, Penal Code;
(2) the unlawful use, sale, or possession of a
controlled substance, drug paraphernalia, marihuana, or marihuana
concentrate, as defined by Chapter 481, Health and Safety Code; or
(3) the unlawful possession of any of the weapons or
devices listed in Sections 46.01(1)-(14) or Section 46.01(16)
[(16)], Penal Code, or a weapon listed as a prohibited weapon under
Section 46.05, Penal Code.
SECTION 2.04. Article 18A.101, Code of Criminal Procedure,
is amended to read as follows:
Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
ISSUED. A judge of competent jurisdiction may issue an
interception order only if the prosecutor applying for the order
shows probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under any of the following provisions of
the Health and Safety Code:
(A) Chapter 481, other than felony possession of
marihuana or marihuana concentrate;
(B) Chapter 483; or
(C) Section 485.032;
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 19.02;
(B) Section 19.03;
(C) Section 20.03;
(D) Section 20.04;
(E) Chapter 20A;
(F) Chapter 34, if the criminal activity giving
rise to the proceeds involves the commission of an offense under
Title 5, Penal Code, or an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense under Title 5;
(G) Section 38.11;
(H) Section 43.04;
(I) Section 43.05; or
(J) Section 43.26; or
(3) an attempt, conspiracy, or solicitation to commit
an offense listed in Subdivision (1) or (2).
SECTION 2.05. Article 42A.514(a), Code of Criminal
Procedure, is amended to read as follows:
(a) If a judge grants community supervision to a defendant
younger than 18 years of age convicted of an alcohol-related
offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
an offense involving possession of a controlled substance, [or]
marihuana, or marihuana concentrate under Section 481.115,
481.1151, 481.116, 481.1161, 481.117, 481.118, [or] 481.121, or
481.1211, Health and Safety Code, the judge may require the
defendant as a condition of community supervision to attend, as
appropriate:
(1) an alcohol awareness program approved under
Section 106.115, Alcoholic Beverage Code; or
(2) a drug education program that is designed to
educate persons on the dangers of drug abuse and is approved by the
Department of State Health Services in accordance with Section
521.374, Transportation Code.
SECTION 2.06. Articles 42A.551(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by Subsection (b) or (c),
on conviction of a state jail felony under Section 481.115(b),
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3),
481.1211(b)(3), or 481.129(g)(1), Health and Safety Code, that is
punished under Section 12.35(a), Penal Code, the judge shall
suspend the imposition of the sentence and place the defendant on
community supervision.
(c) Subsection (a) does not apply to a defendant who:
(1) under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance;
(2) under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance; [or]
(3) under Section 481.121(b)(3), Health and Safety
Code, possessed more than one pound of marihuana; or
(4) under Section 481.1211(b)(3), Health and Safety
Code, possessed more than 80 grams of marihuana concentrate.
SECTION 2.07. Article 42A.555(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A judge assessing punishment in a state jail felony case
may impose as a condition of community supervision that a defendant
submit at the beginning of the period of community supervision to a
term of confinement in a state jail felony facility for a term of:
(1) not less than 90 days or more than 180 days; or
(2) not less than 90 days or more than one year, if the
defendant is convicted of an offense punishable as a state jail
felony under Section 481.112, 481.1121, 481.113, 481.1132, or
481.120, Health and Safety Code.
SECTION 2.08. Section 37.005(c), Education Code, is amended
to read as follows:
(c) A student who is enrolled in a grade level below grade
three may not be placed in out-of-school suspension unless while on
school property or while attending a school-sponsored or
school-related activity on or off of school property, the student
engages in:
(1) conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code;
(2) conduct that contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
or
(3) selling, giving, or delivering to another person
or possessing, using, or being under the influence of any amount of:
(A) marihuana, marihuana concentrate, or a
controlled substance, as defined by Chapter 481, Health and Safety
Code, or by 21 U.S.C. Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code.
SECTION 2.09. Section 37.006(a), Education Code, is amended
to read as follows:
(a) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) marihuana, marihuana concentrate, or a
controlled substance, as defined by Chapter 481, Health and Safety
Code, or by 21 U.S.C. Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code.
SECTION 2.10. Section 37.007(b), Education Code, is amended
to read as follows:
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or possesses, uses, or is under the influence of any amount of:
(i) marihuana, marihuana concentrate, or a
controlled substance, as defined by Chapter 481, Health and Safety
Code, or by 21 U.S.C. Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements
of an offense under Section 22.01(a)(1), Penal Code, against a
school district employee or a volunteer as defined by Section
22.053 of this code; or
(D) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921;
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property; or
(5) engages in conduct that contains the elements of
the offense of breach of computer security under Section 33.02,
Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system.
SECTION 2.11. Section 37.015(a), Education Code, is amended
to read as follows:
(a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance, drug paraphernalia, marihuana, or marihuana concentrate
under Chapter 481, Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; or
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a), (d), or
(e).
SECTION 2.12. Section 37.016, Education Code, is amended to
read as follows:
Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
teacher, school administrator, or school employee is not liable in
civil damages for reporting to a school administrator or
governmental authority, in the exercise of professional judgment
within the scope of the teacher's, administrator's, or employee's
duties, a student whom the teacher suspects of using, passing, or
selling, on school property:
(1) marihuana, marihuana concentrate, or a controlled
substance, as defined by Chapter 481, Health and Safety Code;
(2) a dangerous drug, as defined by Chapter 483,
Health and Safety Code;
(3) an abusable volatile chemical [glue or aerosol
paint], as defined by Chapter 485, Health and Safety Code, [or a
volatile chemical, as listed in Chapter 484, Health and Safety
Code,] if the substance is used or sold for the purpose of inhaling
its fumes or vapors; or
(4) an alcoholic beverage, as defined by Section 1.04,
Alcoholic Beverage Code.
SECTION 2.13. Section 53.03(h-1), Family Code, is amended
to read as follows:
(h-1) If the child is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision that violates
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
[or] 481.121, or 481.1211, Health and Safety Code, deferred
prosecution under this section may include a condition that the
child attend a drug education program that is designed to educate
persons on the dangers of drug abuse and is approved by the
Department of State Health Services in accordance with Section
521.374, Transportation Code.
SECTION 2.14. Section 54.047(a), Family Code, is amended to
read as follows:
(a) If the court or jury finds at an adjudication hearing
for a child that the child engaged in delinquent conduct or conduct
indicating a need for supervision that constitutes a violation of
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
[or] 481.121, or 481.1211, Health and Safety Code, the court may
order that the child attend a drug education program that is
designed to educate persons on the dangers of drug abuse and is
approved by the Department of State Health Services in accordance
with Section 521.374, Transportation Code.
SECTION 2.15. Section 76.017(b), Government Code, is
amended to read as follows:
(b) The program must:
(1) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which an element of the offense is the use or possession of alcohol
or the use, possession, or sale of a controlled substance,
marihuana, or marihuana concentrate;
(2) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which the use of alcohol or drugs is suspected to have significantly
contributed to the offense for which the individual has been
arrested;
(3) coordinate the evaluation and referral to
treatment services; and
(4) make referrals for the appropriate treatment of a
person determined to be in need of treatment, including referrals
to a community corrections facility as defined by Section 509.001.
SECTION 2.16. Section 123.002, Government Code, is amended
to read as follows:
Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish the following types of drug court programs:
(1) drug courts for persons arrested for, charged
with, or convicted of:
(A) an offense in which an element of the offense
is the use or possession of alcohol or the use, possession, or sale
of a controlled substance, a controlled substance analogue,
marihuana, or marihuana concentrate; or
(B) an offense in which the use of alcohol or a
controlled substance is suspected to have significantly
contributed to the commission of the offense and the offense did not
involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance, a
controlled substance analogue, marihuana, or marihuana
concentrate; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 123.001.
SECTION 2.17. Section 411.0728(a), Government Code, is
amended to read as follows:
(a) This section applies only to a person:
(1) who is placed on community supervision under
Chapter 42A, Code of Criminal Procedure, after conviction for an
offense under:
(A) Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(B) Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(B-1) Section 481.1211, Health and Safety Code,
if the offense is punishable under Subsection (b)(1);
(C) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(1) or (2);
(D) Section 43.02, Penal Code; or
(E) Section 43.03(a)(2), Penal Code, if the
offense is punishable as a Class A misdemeanor; and
(2) with respect to whom the conviction is
subsequently set aside by the court under Article 42A.701, Code of
Criminal Procedure.
SECTION 2.18. Section 31.0031(d), Human Resources Code, is
amended to read as follows:
(d) The responsibility agreement shall require that:
(1) the parent of a dependent child cooperate with the
commission and the Title IV-D agency if necessary to establish the
paternity of the dependent child and to establish or enforce child
support;
(2) if adequate and accessible providers of the
services are available in the geographic area and subject to the
availability of funds, each dependent child, as appropriate,
complete early and periodic screening, diagnosis, and treatment
checkups on schedule and receive the immunization series prescribed
by Section 161.004, Health and Safety Code, unless the child is
exempt under that section;
(3) each adult recipient, or teen parent recipient who
has completed the requirements regarding school attendance in
Subdivision (6), not voluntarily terminate paid employment of at
least 30 hours each week without good cause in accordance with rules
adopted by the executive commissioner;
(4) each adult recipient for whom a needs assessment
is conducted participate in an activity to enable that person to
become self-sufficient by:
(A) continuing the person's education or
becoming literate;
(B) entering a job placement or employment skills
training program;
(C) serving as a volunteer in the person's
community; or
(D) serving in a community work program or other
work program approved by the commission;
(5) each caretaker relative or parent receiving
assistance not use, sell, or possess marihuana, marihuana
concentrate, or a controlled substance in violation of Chapter 481,
Health and Safety Code, or abuse alcohol;
(6) each dependent child younger than 18 years of age
or teen parent younger than 19 years of age attend school regularly,
unless the child has a high school diploma or high school
equivalency certificate or is specifically exempted from school
attendance under Section 25.086, Education Code;
(7) each recipient comply with commission rules
regarding proof of school attendance; and
(8) each recipient attend appropriate parenting
skills training classes, as determined by the needs assessment.
SECTION 2.19. Section 1355.006, Insurance Code, is amended
to read as follows:
Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
CONTROLLED SUBSTANCE, MARIHUANA, OR MARIHUANA CONCENTRATE NOT
REQUIRED. (a) In this section, "controlled substance," [and]
"marihuana," and "marihuana concentrate" have the meanings
assigned by Section 481.002, Health and Safety Code.
(b) This subchapter does not require a group health benefit
plan to provide coverage for the treatment of:
(1) addiction to a controlled substance, marihuana, or
marihuana concentrate that is used in violation of law; or
(2) mental illness that results from the use of a
controlled substance, marihuana, or marihuana concentrate in
violation of law.
ARTICLE 3. TRANSITION PROVISION; EFFECTIVE DATE
SECTION 3.01. 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 3.02. This Act takes effect September 1, 2019.