Texas 2019 - 86th Regular

Texas House Bill HB551 Compare Versions

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

Old	New	Differences
1	1	86R1596 GCB-D
2	2	By: Canales H.B. No. 551
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and criminal penalties for the
8	8	possession of marihuana concentrate; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. AMENDMENTS TO TEXAS CONTROLLED SUBSTANCES ACT
11	11	SECTION 1.01. Section 481.002, Health and Safety Code, is
12	12	amended by adding Subdivision (57) to read as follows:
13	13	(57) "Marihuana concentrate" means the resin
14	14	extracted from a part of the plant Cannabis sativa L., or a
15	15	compound, manufacture, salt, derivative, mixture, or preparation
16	16	of the resin.
17	17	SECTION 1.02. Section 481.103(a), Health and Safety Code,
18	18	is amended to read as follows:
19	19	(a) Penalty Group 2 consists of:
20	20	(1) any quantity of the following hallucinogenic
21	21	substances, their salts, isomers, and salts of isomers, unless
22	22	specifically excepted, if the existence of these salts, isomers,
23	23	and salts of isomers is possible within the specific chemical
24	24	designation:
25	25	5-(2-aminopropyl)benzofuran (5-APB);
26	26	6-(2-aminopropyl)benzofuran (6-APB);
27	27	5-(2-aminopropyl)-2,3-dihydrobenzofuran
28	28	(5-APDB);
29	29	6-(2-aminopropyl)-2,3-dihydrobenzofuran
30	30	(6-APDB);
31	31	5-(2-aminopropyl)indole (5-IT,5-API);
32	32	6-(2-aminopropyl)indole (6-IT,6-API);
33	33	1-(benzofuran-5-yl)-N-methylpropan-2-amine
34	34	(5-MAPB);
35	35	1-(benzofuran-6-yl)-N-methylpropan-2-amine
36	36	(6-MAPB);
37	37	Benzothiophenylcyclohexylpiperidine (BTCP);
38	38	8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
39	39	4-ethanamine (trade or other name: Bromo-DragonFLY);
40	40	Desoxypipradrol (2-benzhydrylpiperidine);
41	41	2, 5-dimethoxyamphetamine (some trade or other
42	42	names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
43	43	Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
44	44	methanol, D2PM);
45	45	Dronabinol (synthetic) in sesame oil and
46	46	encapsulated in a soft gelatin capsule in a U.S. Food and Drug
47	47	Administration approved drug product (some trade or other names for
48	48	Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
49	49	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
50	50	(trans)- tetrahydrocannabinol);
51	51	Ethylamine Analog of Phencyclidine (some trade or
52	52	other names: N-ethyl-1-phenylcyclohexylamine, (1-
53	53	phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
54	54	cyclohexamine, PCE);
55	55	2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
56	56	(trade or other name: methoxetamine);
57	57	Ibogaine (some trade or other names: 7-Ethyl-6, 6,
58	58	beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
59	59	pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
60	60	5-iodo-2-aminoindane (5-IAI);
61	61	Mescaline;
62	62	5-methoxy-3, 4-methylenedioxy amphetamine;
63	63	4-methoxyamphetamine (some trade or other names:
64	64	4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
65	65	PMA);
66	66	4-methoxymethamphetamine (PMMA);
67	67	2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
68	68	(some trade and other names: 2-MeO-ketamine; methoxyketamine);
69	69	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
70	70	PPMP);
71	71	4-methyl-2, 5-dimethoxyamphetamine (some trade
72	72	and other names: 4-methyl-2, 5-dimethoxy-alpha-
73	73	methylphenethylamine; "DOM"; "STP");
74	74	3,4-methylenedioxy methamphetamine (MDMA, MDM);
75	75	3,4-methylenedioxy amphetamine;
76	76	3,4-methylenedioxy N-ethylamphetamine (Also
77	77	known as N-ethyl MDA);
78	78	5,6-methylenedioxy-2-aminoindane (MDAI);
79	79	Nabilone (Another name for nabilone: (+)-trans-
80	80	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
81	81	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
82	82	N-benzylpiperazine (some trade or other names:
83	83	BZP; 1-benzylpiperazine);
84	84	N-ethyl-3-piperidyl benzilate;
85	85	N-hydroxy-3,4-methylenedioxyamphetamine (Also
86	86	known as N-hydroxy MDA);
87	87	4-methylaminorex;
88	88	N-methyl-3-piperidyl benzilate;
89	89	Parahexyl (some trade or other names: 3-Hexyl-1-
90	90	hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
91	91	pyran; Synhexyl);
92	92	1-Phenylcyclohexylamine;
93	93	1-Piperidinocyclohexanecarbonitrile (PCC);
94	94	Pyrrolidine Analog of Phencyclidine (some trade
95	95	or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
96	96	Tetrahydrocannabinols, other than marihuana or
97	97	marihuana concentrate, and synthetic equivalents of the substances
98	98	contained in the plant, or in the resinous extractives of Cannabis,
99	99	or synthetic substances, derivatives, and their isomers with
100	100	similar chemical structure and pharmacological activity such as:
101	101	delta-1 cis or trans tetrahydrocannabinol,
102	102	and their optical isomers;
103	103	delta-6 cis or trans tetrahydrocannabinol,
104	104	and their optical isomers;
105	105	delta-3, 4 cis or trans
106	106	tetrahydrocannabinol, and its optical isomers; or
107	107	compounds of these structures, regardless of
108	108	numerical designation of atomic positions, since nomenclature of
109	109	these substances is not internationally standardized;
110	110	Thiophene Analog of Phencyclidine (some trade or
111	111	other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
112	112	Analog of Phencyclidine; TPCP, TCP);
113	113	1-pyrrolidine (some trade or other name: TCPy);
114	114	1-(3-trifluoromethylphenyl)piperazine (trade or
115	115	other name: TFMPP); and
116	116	3,4,5-trimethoxy amphetamine;
117	117	(2) Phenylacetone (some trade or other names:
118	118	Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
119	119	ketone);
120	120	(3) unless specifically excepted or unless listed in
121	121	another Penalty Group, a material, compound, mixture, or
122	122	preparation that contains any quantity of the following substances
123	123	having a potential for abuse associated with a depressant or
124	124	stimulant effect on the central nervous system:
125	125	Aminorex (some trade or other names: aminoxaphen;
126	126	2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
127	127	phenyl-2-oxazolamine);
128	128	Amphetamine, its salts, optical isomers, and
129	129	salts of optical isomers;
130	130	Cathinone (some trade or other names: 2-amino-1-
131	131	phenyl-1-propanone, alpha-aminopropiophenone, 2-
132	132	aminopropiophenone);
133	133	Etaqualone and its salts;
134	134	Etorphine Hydrochloride;
135	135	Fenethylline and its salts;
136	136	Lisdexamfetamine, including its salts, isomers,
137	137	and salts of isomers;
138	138	Mecloqualone and its salts;
139	139	Methaqualone and its salts;
140	140	Methcathinone (some trade or other names: 2-
141	141	methylamino-propiophenone; alpha-(methylamino)propriophenone;
142	142	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
143	143	methylaminopropriophenone; monomethylpropion; ephedrone, N-
144	144	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
145	145	1431);
146	146	N-Ethylamphetamine, its salts, optical isomers,
147	147	and salts of optical isomers; and
148	148	N,N-dimethylamphetamine (some trade or other
149	149	names: N,N,alpha-trimethylbenzeneethanamine;
150	150	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
151	151	and salts of optical isomers;
152	152	(4) any compound structurally derived from
153	153	2-aminopropanal by substitution at the 1-position with any
154	154	monocyclic or fused-polycyclic ring system, including:
155	155	(A) compounds further modified by:
156	156	(i) substitution in the ring system to any
157	157	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
158	158	halide substituents), whether or not further substituted in the
159	159	ring system by other substituents;
160	160	(ii) substitution at the 3-position with an
161	161	alkyl substituent; or
162	162	(iii) substitution at the 2-amino nitrogen
163	163	atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
164	164	inclusion of the 2-amino nitrogen atom in a cyclic structure; and
165	165	(B) by example, compounds such as:
166	166	4-Methylmethcathinone (Also known as
167	167	Mephedrone);
168	168	3,4-Dimethylmethcathinone (Also known as
169	169	3,4-DMMC);
170	170	3-Fluoromethcathinone (Also known as 3-FMC);
171	171	4-Fluoromethcathinone (Also known as
172	172	Flephedrone);
173	173	3,4-Methylenedioxy-N-methylcathinone (Also
174	174	known as Methylone);
175	175	3,4-Methylenedioxypyrovalerone (Also known
176	176	as MDPV);
177	177	alpha-Pyrrolidinopentiophenone (Also known
178	178	as alpha-PVP);
179	179	Naphthylpyrovalerone (Also known as
180	180	Naphyrone);
181	181	alpha-Methylamino-valerophenone (Also known
182	182	as Pentedrone);
183	183	beta-Keto-N-methylbenzodioxolylpropylamine
184	184	(Also known as Butylone);
185	185	beta-Keto-N-methylbenzodioxolylpentanamine
186	186	(Also known as Pentylone);
187	187	beta-Keto-Ethylbenzodioxolylbutanamine
188	188	(Also known as Eutylone); and
189	189	3,4-methylenedioxy-N-ethylcathinone (Also
190	190	known as Ethylone);
191	191	(5) any compound structurally derived from tryptamine
192	192	(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
193	193	(A) by modification in any of the following ways:
194	194	(i) by substitution at the amine nitrogen
195	195	atom of the sidechain to any extent with alkyl or alkenyl groups or
196	196	by inclusion of the amine nitrogen atom of the side chain (and no
197	197	other atoms of the side chain) in a cyclic structure;
198	198	(ii) by substitution at the carbon atom
199	199	adjacent to the nitrogen atom of the side chain (alpha-position)
200	200	with an alkyl or alkenyl group;
201	201	(iii) by substitution in the 6-membered
202	202	ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
203	203	alkylenedioxy, or halide substituents; or
204	204	(iv) by substitution at the 2-position of
205	205	the tryptamine ring system with an alkyl substituent; and
206	206	(B) including:
207	207	(i) ethers and esters of the controlled
208	208	substances listed in this subdivision; and
209	209	(ii) by example, compounds such as:
210	210	alpha-ethyltryptamine;
211	211	alpha-methyltryptamine;
212	212	Bufotenine (some trade and other names:
213	213	3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
214	214	3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
215	215	5-hydroxy-N, N- dimethyltryptamine; mappine);
216	216	Diethyltryptamine (some trade and
217	217	other names: N, N-Diethyltryptamine, DET);
218	218	Dimethyltryptamine (trade or other
219	219	name: DMT);
220	220	5-methoxy-N, N-diisopropyltryptamine
221	221	(5-MeO-DiPT);
222	222	O-Acetylpsilocin (Trade or other name:
223	223	4-Aco-DMT);
224	224	Psilocin; and
225	225	Psilocybin;
226	226	(6) 2,5-Dimethoxyphenethylamine and any compound
227	227	structurally derived from 2,5-Dimethoxyphenethylamine by
228	228	substitution at the 4-position of the phenyl ring to any extent
229	229	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
230	230	substituents), including, by example, compounds such as:
231	231	4-Bromo-2,5-dimethoxyphenethylamine (trade or
232	232	other name: 2C-B);
233	233	4-Chloro-2,5-dimethoxyphenethylamine (trade or
234	234	other name: 2C-C);
235	235	2,5-Dimethoxy-4-methylphenethylamine (trade or
236	236	other name: 2C-D);
237	237	4-Ethyl-2,5-dimethoxyphenethylamine (trade or
238	238	other name: 2C-E);
239	239	4-Iodo-2,5-dimethoxyphenethylamine (trade or
240	240	other name: 2C-I);
241	241	2,5-Dimethoxy-4-nitrophenethylamine (trade or
242	242	other name: 2C-N);
243	243	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
244	244	or other name: 2C-P);
245	245	4-Ethylthio-2,5-dimethoxyphenethylamine (trade
246	246	or other name: 2C-T-2);
247	247	4-Isopropylthio-2,5-dimethoxyphenethylamine
248	248	(trade or other name: 2C-T-4); and
249	249	2,5-Dimethoxy-4-(n)-propylthiophenethylamine
250	250	(trade or other name: 2C-T-7); and
251	251	(7) 2,5-Dimethoxyamphetamine and any compound
252	252	structurally derived from 2,5-Dimethoxyamphetamine by substitution
253	253	at the 4-position of the phenyl ring to any extent (including alkyl,
254	254	alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
255	255	including, by example, compounds such as:
256	256	4-Ethylthio-2,5-dimethoxyamphetamine (trade or
257	257	other name: Aleph-2);
258	258	4-Isopropylthio-2,5-dimethoxyamphetamine (trade
259	259	or other name: Aleph-4);
260	260	4-Bromo-2,5-dimethoxyamphetamine (trade or other
261	261	name: DOB);
262	262	4-Chloro-2,5-dimethoxyamphetamine (trade or
263	263	other name: DOC);
264	264	2,5-Dimethoxy-4-ethylamphetamine (trade or other
265	265	name: DOET);
266	266	4-Iodo-2,5-dimethoxyamphetamine (trade or other
267	267	name: DOI);
268	268	2,5-Dimethoxy-4-methylamphetamine (trade or
269	269	other name: DOM);
270	270	2,5-Dimethoxy-4-nitroamphetamine (trade or other
271	271	name: DON);
272	272	4-Isopropyl-2,5-dimethoxyamphetamine (trade or
273	273	other name: DOIP); and
274	274	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
275	275	other name: DOPR).
276	276	SECTION 1.03. Sections 481.111(c) and (e), Health and
277	277	Safety Code, are amended to read as follows:
278	278	(c) A person does not violate Section 481.113, 481.1132,
279	279	481.116, 481.1161, 481.121, 481.1211, or 481.125 if the person
280	280	possesses or delivers tetrahydrocannabinols or their derivatives,
281	281	or drug paraphernalia to be used to introduce tetrahydrocannabinols
282	282	or their derivatives into the human body, for use in a federally
283	283	approved therapeutic research program.
284	284	(e) Sections 481.120, 481.121, 481.1211, 481.122, and
285	285	481.125 do not apply to a person who engages in the acquisition,
286	286	possession, production, cultivation, delivery, or disposal of a raw
287	287	material used in or by-product created by the production or
288	288	cultivation of low-THC cannabis if the person:
289	289	(1) for an offense involving possession only of
290	290	marihuana, marihuana concentrate, or drug paraphernalia, is a
291	291	patient for whom low-THC cannabis is prescribed under Chapter 169,
292	292	Occupations Code, or the patient's legal guardian, and the person
293	293	possesses low-THC cannabis obtained under a valid prescription from
294	294	a dispensing organization; or
295	295	(2) is a director, manager, or employee of a
296	296	dispensing organization and the person, solely in performing the
297	297	person's regular duties at the organization, acquires, possesses,
298	298	produces, cultivates, dispenses, or disposes of:
299	299	(A) in reasonable quantities, any low-THC
300	300	cannabis or raw materials used in or by-products created by the
301	301	production or cultivation of low-THC cannabis; or
302	302	(B) any drug paraphernalia used in the
303	303	acquisition, possession, production, cultivation, delivery, or
304	304	disposal of low-THC cannabis.
305	305	SECTION 1.04. Subchapter D, Chapter 481, Health and Safety
306	306	Code, is amended by adding Section 481.1132 to read as follows:
307	307	Sec. 481.1132. OFFENSE: MANUFACTURE OR DELIVERY OF
308	308	MARIHUANA CONCENTRATE. (a) Except as authorized by this chapter, a
309	309	person commits an offense if the person knowingly manufactures,
310	310	delivers, or possesses with intent to deliver marihuana
311	311	concentrate.
312	312	(b) An offense under Subsection (a) is a state jail felony
313	313	if the amount of marihuana concentrate is, by aggregate weight,
314	314	including adulterants or dilutants, less than four grams.
315	315	(c) An offense under Subsection (a) is a felony of the
316	316	second degree if the amount of marihuana concentrate is, by
317	317	aggregate weight, including adulterants or dilutants, four grams or
318	318	more but less than eight grams.
319	319	(d) An offense under Subsection (a) is a felony of the first
320	320	degree if the amount of marihuana concentrate is, by aggregate
321	321	weight, including adulterants or dilutants, eight grams or more but
322	322	less than 400 grams.
323	323	(e) An offense under Subsection (a) is punishable by
324	324	imprisonment in the Texas Department of Criminal Justice for life
325	325	or for a term of not more than 99 years or less than 10 years, and a
326	326	fine not to exceed $100,000, if the amount of marihuana concentrate
327	327	is, by aggregate weight, including adulterants or dilutants, 400
328	328	grams or more.
329	329	SECTION 1.05. Subchapter D, Chapter 481, Health and Safety
330	330	Code, is amended by adding Section 481.1211 to read as follows:
331	331	Sec. 481.1211. OFFENSE: POSSESSION OF MARIHUANA
332	332	CONCENTRATE. (a) Except as authorized by this chapter, a person
333	333	commits an offense if the person knowingly or intentionally
334	334	possesses a usable quantity of marihuana concentrate.
335	335	(b) An offense under Subsection (a) is:
336	336	(1) a Class B misdemeanor if the amount of marihuana
337	337	concentrate possessed is four grams or less;
338	338	(2) a Class A misdemeanor if the amount of marihuana
339	339	concentrate possessed is eight grams or less but more than four
340	340	grams;
341	341	(3) a state jail felony if the amount of marihuana
342	342	concentrate possessed is 400 grams or less but more than eight
343	343	grams;
344	344	(4) a felony of the third degree if the amount of
345	345	marihuana concentrate possessed is four kilograms or less but more
346	346	than 400 grams;
347	347	(5) a felony of the second degree if the amount of
348	348	marihuana concentrate possessed is 160 kilograms or less but more
349	349	than four kilograms; and
350	350	(6) punishable by imprisonment in the Texas Department
351	351	of Criminal Justice for life or for a term of not more than 99 years
352	352	or less than 5 years, and a fine not to exceed $50,000, if the amount
353	353	of marihuana concentrate possessed is more than 160 kilograms.
354	354	SECTION 1.06. The heading to Section 481.122, Health and
355	355	Safety Code, is amended to read as follows:
356	356	Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE,
357	357	MARIHUANA, OR MARIHUANA CONCENTRATE TO CHILD.
358	358	SECTION 1.07. Section 481.122(a), Health and Safety Code,
359	359	is amended to read as follows:
360	360	(a) A person commits an offense if the person knowingly
361	361	delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
362	362	or 3 or knowingly delivers marihuana or marihuana concentrate and
363	363	the person delivers the controlled substance, marihuana, or
364	364	marihuana concentrate to a person:
365	365	(1) who is a child;
366	366	(2) who is enrolled in a public or private primary or
367	367	secondary school; or
368	368	(3) who the actor knows or believes intends to deliver
369	369	the controlled substance, marihuana, or marihuana concentrate to a
370	370	person described by Subdivision (1) or (2).
371	371	SECTION 1.08. Section 481.126(a), Health and Safety Code,
372	372	is amended to read as follows:
373	373	(a) A person commits an offense if the person:
374	374	(1) barters property or expends funds the person knows
375	375	are derived from the commission of an offense under this chapter
376	376	punishable by imprisonment in the Texas Department of Criminal
377	377	Justice for life;
378	378	(2) barters property or expends funds the person knows
379	379	are derived from the commission of:
380	380	(A) an offense under Section 481.121(a) that is
381	381	punishable under Section 481.121(b)(5); or
382	382	(B) an offense under Section 481.1211(a) that is
383	383	punishable under Section 481.1211(b)(5);
384	384	(3) barters property or finances or invests funds the
385	385	person knows or believes are intended to further the commission of
386	386	an offense for which the punishment is described by Subdivision
387	387	(1); or
388	388	(4) barters property or finances or invests funds the
389	389	person knows or believes are intended to further the commission of:
390	390	(A) an offense under Section 481.121(a) that is
391	391	punishable under Section 481.121(b)(5); or
392	392	(B) an offense under Section 481.1211(a) that is
393	393	punishable under Section 481.1211(b)(5).
394	394	SECTION 1.09. Section 481.133(c), Health and Safety Code,
395	395	is amended to read as follows:
396	396	(c) In this section, "drug test" means a lawfully
397	397	administered test designed to detect the presence of a controlled
398	398	substance, marihuana, or marihuana concentrate.
399	399	SECTION 1.10. Sections 481.134(b), (c), (d), (e), and (f),
400	400	Health and Safety Code, are amended to read as follows:
401	401	(b) An offense otherwise punishable as a state jail felony
402	402	under Section 481.112, 481.1121, 481.113, 481.1132, 481.114, or
403	403	481.120 is punishable as a felony of the third degree, and an
404	404	offense otherwise punishable as a felony of the second degree under
405	405	any of those sections is punishable as a felony of the first degree,
406	406	if it is shown at the punishment phase of the trial of the offense
407	407	that the offense was committed:
408	408	(1) in, on, or within 1,000 feet of premises owned,
409	409	rented, or leased by an institution of higher education [learning],
410	410	the premises of a public or private youth center, or a playground;
411	411	or
412	412	(2) in, on, or within 300 feet of the premises of a
413	413	public swimming pool or video arcade facility.
414	414	(c) The minimum term of confinement or imprisonment for an
415	415	offense otherwise punishable under Section 481.112(c), (d), (e), or
416	416	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
417	417	481.1132(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
418	418	481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
419	419	481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
420	420	(d), or (e), 481.120(b)(4), (5), or (6), [or] 481.121(b)(4), (5),
421	421	or (6), or 481.1211(b)(4), (5), or (6) is increased by five years
422	422	and the maximum fine for the offense is doubled if it is shown on the
423	423	trial of the offense that the offense was committed:
424	424	(1) in, on, or within 1,000 feet of the premises of a
425	425	school, the premises of a public or private youth center, or a
426	426	playground; or
427	427	(2) on a school bus.
428	428	(d) An offense otherwise punishable under Section
429	429	481.112(b), 481.1121(b)(1), 481.113(b), 481.1132(b), 481.114(b),
430	430	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
431	431	481.120(b)(3), [or] 481.121(b)(3), or 481.1211(b)(3) is a felony of
432	432	the third degree if it is shown on the trial of the offense that the
433	433	offense was committed:
434	434	(1) in, on, or within 1,000 feet of any real property
435	435	that is owned, rented, or leased to a school or school board, the
436	436	premises of a public or private youth center, or a playground; or
437	437	(2) on a school bus.
438	438	(e) An offense otherwise punishable under Section
439	439	481.117(b), 481.119(a), 481.120(b)(2), [or] 481.121(b)(2), or
440	440	481.1211(b)(2) is a state jail felony if it is shown on the trial of
441	441	the offense that the offense was committed:
442	442	(1) in, on, or within 1,000 feet of any real property
443	443	that is owned, rented, or leased to a school or school board, the
444	444	premises of a public or private youth center, or a playground; or
445	445	(2) on a school bus.
446	446	(f) An offense otherwise punishable under Section
447	447	481.118(b), 481.119(b), 481.120(b)(1), [or] 481.121(b)(1), or
448	448	481.1211(b)(1) is a Class A misdemeanor if it is shown on the trial
449	449	of the offense that the offense was committed:
450	450	(1) in, on, or within 1,000 feet of any real property
451	451	that is owned, rented, or leased to a school or school board, the
452	452	premises of a public or private youth center, or a playground; or
453	453	(2) on a school bus.
454	454	SECTION 1.11. Section 481.140(a), Health and Safety Code,
455	455	is amended to read as follows:
456	456	(a) If it is shown at the punishment phase of the trial of an
457	457	offense otherwise punishable as a state jail felony, felony of the
458	458	third degree, or felony of the second degree under Section 481.112,
459	459	481.1121, 481.113, 481.1132, 481.114, 481.120, or 481.122 that the
460	460	defendant used or attempted to use a child younger than 18 years of
461	461	age to commit or assist in the commission of the offense, the
462	462	punishment is increased by one degree, unless the defendant used or
463	463	threatened to use force against the child or another to gain the
464	464	child's assistance, in which event the punishment for the offense
465	465	is a felony of the first degree.
466	466	SECTION 1.12. Section 481.141(b), Health and Safety Code,
467	467	is amended to read as follows:
468	468	(b) This section applies to an offense otherwise punishable
469	469	as a state jail felony, felony of the third degree, or felony of the
470	470	second degree under Section 481.112, 481.1121, 481.113, 481.1132,
471	471	481.114, or 481.122.
472	472	ARTICLE 2. CONFORMING AMENDMENTS
473	473	SECTION 2.01. Article 13.22, Code of Criminal Procedure, is
474	474	amended to read as follows:
475	475	Art. 13.22. POSSESSION AND DELIVERY OF MARIHUANA OR
476	476	MARIHUANA CONCENTRATE. An offense of possession or delivery of
477	477	marihuana or marihuana concentrate may be prosecuted in the county
478	478	where the offense was committed or with the consent of the defendant
479	479	in a county that is adjacent to and in the same judicial district as
480	480	the county where the offense was committed.
481	481	SECTION 2.02. Article 14.06(d), Code of Criminal Procedure,
482	482	is amended to read as follows:
483	483	(d) Subsection (c) applies only to a person charged with
484	484	committing an offense under:
485	485	(1) Section 481.121, Health and Safety Code, if the
486	486	offense is punishable under Subsection (b)(1) or (2) of that
487	487	section;
488	488	(1-a) Section 481.1161, Health and Safety Code, if the
489	489	offense is punishable under Subsection (b)(1) or (2) of that
490	490	section;
491	491	(1-b) Section 481.1211, Health and Safety Code, if the
492	492	offense is punishable under Subsection (b)(1) or (2) of that
493	493	section;
494	494	(2) Section 28.03, Penal Code, if the offense is
495	495	punishable under Subsection (b)(2) of that section;
496	496	(3) Section 28.08, Penal Code, if the offense is
497	497	punishable under Subsection (b)(2) or (3) of that section;
498	498	(4) Section 31.03, Penal Code, if the offense is
499	499	punishable under Subsection (e)(2)(A) of that section;
500	500	(5) Section 31.04, Penal Code, if the offense is
501	501	punishable under Subsection (e)(2) of that section;
502	502	(6) Section 38.114, Penal Code, if the offense is
503	503	punishable as a Class B misdemeanor; or
504	504	(7) Section 521.457, Transportation Code.
505	505	SECTION 2.03. Article 15.27(h), Code of Criminal Procedure,
506	506	is amended to read as follows:
507	507	(h) This article applies to any felony offense and the
508	508	following misdemeanors:
509	509	(1) an offense under Section 20.02, 21.08, 22.01,
510	510	22.05, 22.07, or 71.02, Penal Code;
511	511	(2) the unlawful use, sale, or possession of a
512	512	controlled substance, drug paraphernalia, marihuana, or marihuana
513	513	concentrate, as defined by Chapter 481, Health and Safety Code; or
514	514	(3) the unlawful possession of any of the weapons or
515	515	devices listed in Sections 46.01(1)-(14) or Section 46.01(16)
516	516	[(16)], Penal Code, or a weapon listed as a prohibited weapon under
517	517	Section 46.05, Penal Code.
518	518	SECTION 2.04. Article 18A.101, Code of Criminal Procedure,
519	519	is amended to read as follows:
520	520	Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
521	521	ISSUED. A judge of competent jurisdiction may issue an
522	522	interception order only if the prosecutor applying for the order
523	523	shows probable cause to believe that the interception will provide
524	524	evidence of the commission of:
525	525	(1) a felony under any of the following provisions of
526	526	the Health and Safety Code:
527	527	(A) Chapter 481, other than felony possession of
528	528	marihuana or marihuana concentrate;
529	529	(B) Chapter 483; or
530	530	(C) Section 485.032;
531	531	(2) an offense under any of the following provisions
532	532	of the Penal Code:
533	533	(A) Section 19.02;
534	534	(B) Section 19.03;
535	535	(C) Section 20.03;
536	536	(D) Section 20.04;
537	537	(E) Chapter 20A;
538	538	(F) Chapter 34, if the criminal activity giving
539	539	rise to the proceeds involves the commission of an offense under
540	540	Title 5, Penal Code, or an offense under federal law or the laws of
541	541	another state containing elements that are substantially similar to
542	542	the elements of an offense under Title 5;
543	543	(G) Section 38.11;
544	544	(H) Section 43.04;
545	545	(I) Section 43.05; or
546	546	(J) Section 43.26; or
547	547	(3) an attempt, conspiracy, or solicitation to commit
548	548	an offense listed in Subdivision (1) or (2).
549	549	SECTION 2.05. Article 42A.514(a), Code of Criminal
550	550	Procedure, is amended to read as follows:
551	551	(a) If a judge grants community supervision to a defendant
552	552	younger than 18 years of age convicted of an alcohol-related
553	553	offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
554	554	106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
555	555	an offense involving possession of a controlled substance, [or]
556	556	marihuana, or marihuana concentrate under Section 481.115,
557	557	481.1151, 481.116, 481.1161, 481.117, 481.118, [or] 481.121, or
558	558	481.1211, Health and Safety Code, the judge may require the
559	559	defendant as a condition of community supervision to attend, as
560	560	appropriate:
561	561	(1) an alcohol awareness program approved under
562	562	Section 106.115, Alcoholic Beverage Code; or
563	563	(2) a drug education program that is designed to
564	564	educate persons on the dangers of drug abuse and is approved by the
565	565	Department of State Health Services in accordance with Section
566	566	521.374, Transportation Code.
567	567	SECTION 2.06. Articles 42A.551(a) and (c), Code of Criminal
568	568	Procedure, are amended to read as follows:
569	569	(a) Except as otherwise provided by Subsection (b) or (c),
570	570	on conviction of a state jail felony under Section 481.115(b),
571	571	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3),
572	572	481.1211(b)(3), or 481.129(g)(1), Health and Safety Code, that is
573	573	punished under Section 12.35(a), Penal Code, the judge shall
574	574	suspend the imposition of the sentence and place the defendant on
575	575	community supervision.
576	576	(c) Subsection (a) does not apply to a defendant who:
577	577	(1) under Section 481.1151(b)(1), Health and Safety
578	578	Code, possessed more than five abuse units of the controlled
579	579	substance;
580	580	(2) under Section 481.1161(b)(3), Health and Safety
581	581	Code, possessed more than one pound, by aggregate weight, including
582	582	adulterants or dilutants, of the controlled substance; [or]
583	583	(3) under Section 481.121(b)(3), Health and Safety
584	584	Code, possessed more than one pound of marihuana; or
585	585	(4) under Section 481.1211(b)(3), Health and Safety
586	586	Code, possessed more than 80 grams of marihuana concentrate.
587	587	SECTION 2.07. Article 42A.555(a), Code of Criminal
588	588	Procedure, is amended to read as follows:
589	589	(a) A judge assessing punishment in a state jail felony case
590	590	may impose as a condition of community supervision that a defendant
591	591	submit at the beginning of the period of community supervision to a
592	592	term of confinement in a state jail felony facility for a term of:
593	593	(1) not less than 90 days or more than 180 days; or
594	594	(2) not less than 90 days or more than one year, if the
595	595	defendant is convicted of an offense punishable as a state jail
596	596	felony under Section 481.112, 481.1121, 481.113, 481.1132, or
597	597	481.120, Health and Safety Code.
598	598	SECTION 2.08. Section 37.005(c), Education Code, is amended
599	599	to read as follows:
600	600	(c) A student who is enrolled in a grade level below grade
601	601	three may not be placed in out-of-school suspension unless while on
602	602	school property or while attending a school-sponsored or
603	603	school-related activity on or off of school property, the student
604	604	engages in:
605	605	(1) conduct that contains the elements of an offense
606	606	related to weapons under Section 46.02 or 46.05, Penal Code;
607	607	(2) conduct that contains the elements of a violent
608	608	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
609	609	or
610	610	(3) selling, giving, or delivering to another person
611	611	or possessing, using, or being under the influence of any amount of:
612	612	(A) marihuana, marihuana concentrate, or a
613	613	controlled substance, as defined by Chapter 481, Health and Safety
614	614	Code, or by 21 U.S.C. Section 801 et seq.;
615	615	(B) a dangerous drug, as defined by Chapter 483,
616	616	Health and Safety Code; or
617	617	(C) an alcoholic beverage, as defined by Section
618	618	1.04, Alcoholic Beverage Code.
619	619	SECTION 2.09. Section 37.006(a), Education Code, is amended
620	620	to read as follows:
621	621	(a) A student shall be removed from class and placed in a
622	622	disciplinary alternative education program as provided by Section
623	623	37.008 if the student:
624	624	(1) engages in conduct involving a public school that
625	625	contains the elements of the offense of false alarm or report under
626	626	Section 42.06, Penal Code, or terroristic threat under Section
627	627	22.07, Penal Code; or
628	628	(2) commits the following on or within 300 feet of
629	629	school property, as measured from any point on the school's real
630	630	property boundary line, or while attending a school-sponsored or
631	631	school-related activity on or off of school property:
632	632	(A) engages in conduct punishable as a felony;
633	633	(B) engages in conduct that contains the elements
634	634	of the offense of assault under Section 22.01(a)(1), Penal Code;
635	635	(C) sells, gives, or delivers to another person
636	636	or possesses or uses or is under the influence of:
637	637	(i) marihuana, marihuana concentrate, or a
638	638	controlled substance, as defined by Chapter 481, Health and Safety
639	639	Code, or by 21 U.S.C. Section 801 et seq.; or
640	640	(ii) a dangerous drug, as defined by
641	641	Chapter 483, Health and Safety Code;
642	642	(D) sells, gives, or delivers to another person
643	643	an alcoholic beverage, as defined by Section 1.04, Alcoholic
644	644	Beverage Code, commits a serious act or offense while under the
645	645	influence of alcohol, or possesses, uses, or is under the influence
646	646	of an alcoholic beverage;
647	647	(E) engages in conduct that contains the elements
648	648	of an offense relating to an abusable volatile chemical under
649	649	Sections 485.031 through 485.034, Health and Safety Code; or
650	650	(F) engages in conduct that contains the elements
651	651	of the offense of public lewdness under Section 21.07, Penal Code,
652	652	or indecent exposure under Section 21.08, Penal Code.
653	653	SECTION 2.10. Section 37.007(b), Education Code, is amended
654	654	to read as follows:
655	655	(b) A student may be expelled if the student:
656	656	(1) engages in conduct involving a public school that
657	657	contains the elements of the offense of false alarm or report under
658	658	Section 42.06, Penal Code, or terroristic threat under Section
659	659	22.07, Penal Code;
660	660	(2) while on or within 300 feet of school property, as
661	661	measured from any point on the school's real property boundary
662	662	line, or while attending a school-sponsored or school-related
663	663	activity on or off of school property:
664	664	(A) sells, gives, or delivers to another person
665	665	or possesses, uses, or is under the influence of any amount of:
666	666	(i) marihuana, marihuana concentrate, or a
667	667	controlled substance, as defined by Chapter 481, Health and Safety
668	668	Code, or by 21 U.S.C. Section 801 et seq.;
669	669	(ii) a dangerous drug, as defined by
670	670	Chapter 483, Health and Safety Code; or
671	671	(iii) an alcoholic beverage, as defined by
672	672	Section 1.04, Alcoholic Beverage Code;
673	673	(B) engages in conduct that contains the elements
674	674	of an offense relating to an abusable volatile chemical under
675	675	Sections 485.031 through 485.034, Health and Safety Code;
676	676	(C) engages in conduct that contains the elements
677	677	of an offense under Section 22.01(a)(1), Penal Code, against a
678	678	school district employee or a volunteer as defined by Section
679	679	22.053 of this code; or
680	680	(D) engages in conduct that contains the elements
681	681	of the offense of deadly conduct under Section 22.05, Penal Code;
682	682	(3) subject to Subsection (d), while within 300 feet
683	683	of school property, as measured from any point on the school's real
684	684	property boundary line:
685	685	(A) engages in conduct specified by Subsection
686	686	(a); or
687	687	(B) possesses a firearm, as defined by 18 U.S.C.
688	688	Section 921;
689	689	(4) engages in conduct that contains the elements of
690	690	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
691	691	aggravated robbery under Section 29.03, Penal Code, against another
692	692	student, without regard to whether the conduct occurs on or off of
693	693	school property or while attending a school-sponsored or
694	694	school-related activity on or off of school property; or
695	695	(5) engages in conduct that contains the elements of
696	696	the offense of breach of computer security under Section 33.02,
697	697	Penal Code, if:
698	698	(A) the conduct involves accessing a computer,
699	699	computer network, or computer system owned by or operated on behalf
700	700	of a school district; and
701	701	(B) the student knowingly:
702	702	(i) alters, damages, or deletes school
703	703	district property or information; or
704	704	(ii) commits a breach of any other
705	705	computer, computer network, or computer system.
706	706	SECTION 2.11. Section 37.015(a), Education Code, is amended
707	707	to read as follows:
708	708	(a) The principal of a public or private primary or
709	709	secondary school, or a person designated by the principal under
710	710	Subsection (d), shall notify any school district police department
711	711	and the police department of the municipality in which the school is
712	712	located or, if the school is not in a municipality, the sheriff of
713	713	the county in which the school is located if the principal has
714	714	reasonable grounds to believe that any of the following activities
715	715	occur in school, on school property, or at a school-sponsored or
716	716	school-related activity on or off school property, whether or not
717	717	the activity is investigated by school security officers:
718	718	(1) conduct that may constitute an offense listed
719	719	under Section 508.149, Government Code;
720	720	(2) deadly conduct under Section 22.05, Penal Code;
721	721	(3) a terroristic threat under Section 22.07, Penal
722	722	Code;
723	723	(4) the use, sale, or possession of a controlled
724	724	substance, drug paraphernalia, marihuana, or marihuana concentrate
725	725	under Chapter 481, Health and Safety Code;
726	726	(5) the possession of any of the weapons or devices
727	727	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
728	728	Code;
729	729	(6) conduct that may constitute a criminal offense
730	730	under Section 71.02, Penal Code; or
731	731	(7) conduct that may constitute a criminal offense for
732	732	which a student may be expelled under Section 37.007(a), (d), or
733	733	(e).
734	734	SECTION 2.12. Section 37.016, Education Code, is amended to
735	735	read as follows:
736	736	Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
737	737	teacher, school administrator, or school employee is not liable in
738	738	civil damages for reporting to a school administrator or
739	739	governmental authority, in the exercise of professional judgment
740	740	within the scope of the teacher's, administrator's, or employee's
741	741	duties, a student whom the teacher suspects of using, passing, or
742	742	selling, on school property:
743	743	(1) marihuana, marihuana concentrate, or a controlled
744	744	substance, as defined by Chapter 481, Health and Safety Code;
745	745	(2) a dangerous drug, as defined by Chapter 483,
746	746	Health and Safety Code;
747	747	(3) an abusable volatile chemical [glue or aerosol
748	748	paint], as defined by Chapter 485, Health and Safety Code, [or a
749	749	volatile chemical, as listed in Chapter 484, Health and Safety
750	750	Code,] if the substance is used or sold for the purpose of inhaling
751	751	its fumes or vapors; or
752	752	(4) an alcoholic beverage, as defined by Section 1.04,
753	753	Alcoholic Beverage Code.
754	754	SECTION 2.13. Section 53.03(h-1), Family Code, is amended
755	755	to read as follows:
756	756	(h-1) If the child is alleged to have engaged in delinquent
757	757	conduct or conduct indicating a need for supervision that violates
758	758	Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
759	759	[or] 481.121, or 481.1211, Health and Safety Code, deferred
760	760	prosecution under this section may include a condition that the
761	761	child attend a drug education program that is designed to educate
762	762	persons on the dangers of drug abuse and is approved by the
763	763	Department of State Health Services in accordance with Section
764	764	521.374, Transportation Code.
765	765	SECTION 2.14. Section 54.047(a), Family Code, is amended to
766	766	read as follows:
767	767	(a) If the court or jury finds at an adjudication hearing
768	768	for a child that the child engaged in delinquent conduct or conduct
769	769	indicating a need for supervision that constitutes a violation of
770	770	Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
771	771	[or] 481.121, or 481.1211, Health and Safety Code, the court may
772	772	order that the child attend a drug education program that is
773	773	designed to educate persons on the dangers of drug abuse and is
774	774	approved by the Department of State Health Services in accordance
775	775	with Section 521.374, Transportation Code.
776	776	SECTION 2.15. Section 76.017(b), Government Code, is
777	777	amended to read as follows:
778	778	(b) The program must:
779	779	(1) include automatic screening and evaluation of a
780	780	person arrested for an offense, other than a Class C misdemeanor, in
781	781	which an element of the offense is the use or possession of alcohol
782	782	or the use, possession, or sale of a controlled substance,
783	783	marihuana, or marihuana concentrate;
784	784	(2) include automatic screening and evaluation of a
785	785	person arrested for an offense, other than a Class C misdemeanor, in
786	786	which the use of alcohol or drugs is suspected to have significantly
787	787	contributed to the offense for which the individual has been
788	788	arrested;
789	789	(3) coordinate the evaluation and referral to
790	790	treatment services; and
791	791	(4) make referrals for the appropriate treatment of a
792	792	person determined to be in need of treatment, including referrals
793	793	to a community corrections facility as defined by Section 509.001.
794	794	SECTION 2.16. Section 123.002, Government Code, is amended
795	795	to read as follows:
796	796	Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
797	797	commissioners court of a county or governing body of a municipality
798	798	may establish the following types of drug court programs:
799	799	(1) drug courts for persons arrested for, charged
800	800	with, or convicted of:
801	801	(A) an offense in which an element of the offense
802	802	is the use or possession of alcohol or the use, possession, or sale
803	803	of a controlled substance, a controlled substance analogue,
804	804	marihuana, or marihuana concentrate; or
805	805	(B) an offense in which the use of alcohol or a
806	806	controlled substance is suspected to have significantly
807	807	contributed to the commission of the offense and the offense did not
808	808	involve:
809	809	(i) carrying, possessing, or using a
810	810	firearm or other dangerous weapon;
811	811	(ii) the use of force against the person of
812	812	another; or
813	813	(iii) the death of or serious bodily injury
814	814	to another;
815	815	(2) drug courts for juveniles detained for, taken into
816	816	custody for, or adjudicated as having engaged in:
817	817	(A) delinquent conduct, including habitual
818	818	felony conduct, or conduct indicating a need for supervision in
819	819	which an element of the conduct is the use or possession of alcohol
820	820	or the use, possession, or sale of a controlled substance, a
821	821	controlled substance analogue, marihuana, or marihuana
822	822	concentrate; or
823	823	(B) delinquent conduct, including habitual
824	824	felony conduct, or conduct indicating a need for supervision in
825	825	which the use of alcohol or a controlled substance is suspected to
826	826	have significantly contributed to the commission of the conduct and
827	827	the conduct did not involve:
828	828	(i) carrying, possessing, or using a
829	829	firearm or other dangerous weapon;
830	830	(ii) the use of force against the person of
831	831	another; or
832	832	(iii) the death of or serious bodily injury
833	833	to another;
834	834	(3) reentry drug courts for persons with a
835	835	demonstrated history of using alcohol or a controlled substance who
836	836	may benefit from a program designed to facilitate the person's
837	837	transition and reintegration into the community on release from a
838	838	state or local correctional facility;
839	839	(4) family dependency drug treatment courts for family
840	840	members involved in a suit affecting the parent-child relationship
841	841	in which a parent's use of alcohol or a controlled substance is a
842	842	primary consideration in the outcome of the suit; or
843	843	(5) programs for other persons not precisely described
844	844	by Subdivisions (1)-(4) who may benefit from a program that has the
845	845	essential characteristics described by Section 123.001.
846	846	SECTION 2.17. Section 411.0728(a), Government Code, is
847	847	amended to read as follows:
848	848	(a) This section applies only to a person:
849	849	(1) who is placed on community supervision under
850	850	Chapter 42A, Code of Criminal Procedure, after conviction for an
851	851	offense under:
852	852	(A) Section 481.120, Health and Safety Code, if
853	853	the offense is punishable under Subsection (b)(1);
854	854	(B) Section 481.121, Health and Safety Code, if
855	855	the offense is punishable under Subsection (b)(1);
856	856	(B-1) Section 481.1211, Health and Safety Code,
857	857	if the offense is punishable under Subsection (b)(1);
858	858	(C) Section 31.03, Penal Code, if the offense is
859	859	punishable under Subsection (e)(1) or (2);
860	860	(D) Section 43.02, Penal Code; or
861	861	(E) Section 43.03(a)(2), Penal Code, if the
862	862	offense is punishable as a Class A misdemeanor; and
863	863	(2) with respect to whom the conviction is
864	864	subsequently set aside by the court under Article 42A.701, Code of
865	865	Criminal Procedure.
866	866	SECTION 2.18. Section 31.0031(d), Human Resources Code, is
867	867	amended to read as follows:
868	868	(d) The responsibility agreement shall require that:
869	869	(1) the parent of a dependent child cooperate with the
870	870	commission and the Title IV-D agency if necessary to establish the
871	871	paternity of the dependent child and to establish or enforce child
872	872	support;
873	873	(2) if adequate and accessible providers of the
874	874	services are available in the geographic area and subject to the
875	875	availability of funds, each dependent child, as appropriate,
876	876	complete early and periodic screening, diagnosis, and treatment
877	877	checkups on schedule and receive the immunization series prescribed
878	878	by Section 161.004, Health and Safety Code, unless the child is
879	879	exempt under that section;
880	880	(3) each adult recipient, or teen parent recipient who
881	881	has completed the requirements regarding school attendance in
882	882	Subdivision (6), not voluntarily terminate paid employment of at
883	883	least 30 hours each week without good cause in accordance with rules
884	884	adopted by the executive commissioner;
885	885	(4) each adult recipient for whom a needs assessment
886	886	is conducted participate in an activity to enable that person to
887	887	become self-sufficient by:
888	888	(A) continuing the person's education or
889	889	becoming literate;
890	890	(B) entering a job placement or employment skills
891	891	training program;
892	892	(C) serving as a volunteer in the person's
893	893	community; or
894	894	(D) serving in a community work program or other
895	895	work program approved by the commission;
896	896	(5) each caretaker relative or parent receiving
897	897	assistance not use, sell, or possess marihuana, marihuana
898	898	concentrate, or a controlled substance in violation of Chapter 481,
899	899	Health and Safety Code, or abuse alcohol;
900	900	(6) each dependent child younger than 18 years of age
901	901	or teen parent younger than 19 years of age attend school regularly,
902	902	unless the child has a high school diploma or high school
903	903	equivalency certificate or is specifically exempted from school
904	904	attendance under Section 25.086, Education Code;
905	905	(7) each recipient comply with commission rules
906	906	regarding proof of school attendance; and
907	907	(8) each recipient attend appropriate parenting
908	908	skills training classes, as determined by the needs assessment.
909	909	SECTION 2.19. Section 1355.006, Insurance Code, is amended
910	910	to read as follows:
911	911	Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
912	912	CONTROLLED SUBSTANCE, MARIHUANA, OR MARIHUANA CONCENTRATE NOT
913	913	REQUIRED. (a) In this section, "controlled substance," [and]
914	914	"marihuana," and "marihuana concentrate" have the meanings
915	915	assigned by Section 481.002, Health and Safety Code.
916	916	(b) This subchapter does not require a group health benefit
917	917	plan to provide coverage for the treatment of:
918	918	(1) addiction to a controlled substance, marihuana, or
919	919	marihuana concentrate that is used in violation of law; or
920	920	(2) mental illness that results from the use of a
921	921	controlled substance, marihuana, or marihuana concentrate in
922	922	violation of law.
923	923	ARTICLE 3. TRANSITION PROVISION; EFFECTIVE DATE
924	924	SECTION 3.01. The change in law made by this Act applies
925	925	only to an offense committed on or after the effective date of this
926	926	Act. An offense committed before the effective date of this Act is
927	927	governed by the law in effect on the date the offense was committed,
928	928	and the former law is continued in effect for that purpose. For
929	929	purposes of this section, an offense was committed before the
930	930	effective date of this Act if any element of the offense occurred
931	931	before that date.
932	932	SECTION 3.02. This Act takes effect September 1, 2019.