Texas 2019 - 86th Regular

Texas Senate Bill SB760 Compare Versions

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

Old	New	Differences
1	1	86R6691 GCB-D
2	2	By: Johnson S.B. No. 760
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 Class B misdemeanor
313	313	if the amount of marihuana concentrate is less than two grams and
314	314	the person committing the offense does not receive remuneration for
315	315	the manufacture or delivery of the marihuana concentrate.
316	316	(c) An offense under Subsection (a) is a Class A misdemeanor
317	317	if the amount of marihuana concentrate is less than two grams and
318	318	the person committing the offense receives remuneration for the
319	319	manufacture or delivery of the marihuana concentrate.
320	320	(d) An offense under Subsection (a) is a state jail felony
321	321	if the amount of marihuana concentrate is two grams or more but less
322	322	than 12 grams.
323	323	(e) An offense under Subsection (a) is a felony of the third
324	324	degree if the amount of marihuana concentrate is 12 grams or more
325	325	but less than 200 grams.
326	326	(f) An offense under Subsection (a) is a felony of the first
327	327	degree if the amount of marihuana concentrate is 200 grams or more
328	328	but less than 500 grams.
329	329	(g) An offense under Subsection (a) is punishable by
330	330	imprisonment in the Texas Department of Criminal Justice for life
331	331	or for a term of not more than 99 years or less than 10 years, and a
332	332	fine not to exceed $100,000, if the amount of marihuana concentrate
333	333	is 500 grams or more.
334	334	(h) For purposes of the prosecution of an offense under this
335	335	section, the amount of marihuana concentrate manufactured,
336	336	delivered, or possessed is the weight of the marihuana concentrate,
337	337	excluding adulterants or dilutants.
338	338	(i) The director shall adopt rules for determining the
339	339	amount of marihuana concentrate in a product that contains a
340	340	combination of marihuana concentrate and adulterants or dilutants.
341	341	SECTION 1.05. Subchapter D, Chapter 481, Health and Safety
342	342	Code, is amended by adding Section 481.1211 to read as follows:
343	343	Sec. 481.1211. OFFENSE: POSSESSION OF MARIHUANA
344	344	CONCENTRATE. (a) Except as authorized by this chapter, a person
345	345	commits an offense if the person knowingly or intentionally
346	346	possesses a usable quantity of marihuana concentrate.
347	347	(b) An offense under Subsection (a) is:
348	348	(1) a Class B misdemeanor if the amount of marihuana
349	349	concentrate possessed is less than six grams;
350	350	(2) a Class A misdemeanor if the amount of marihuana
351	351	concentrate possessed is six grams or more but less than 12 grams;
352	352	(3) a state jail felony if the amount of marihuana
353	353	concentrate possessed is 12 grams or more but less than 200 grams;
354	354	(4) a felony of the third degree if the amount of
355	355	marihuana concentrate possessed is 200 grams or more but less than
356	356	500 grams; and
357	357	(5) a felony of the first degree if the amount of
358	358	marihuana concentrate possessed is 500 grams or more.
359	359	(c) For purposes of the prosecution of an offense under this
360	360	section, the amount of marihuana concentrate possessed is the
361	361	weight of the marihuana concentrate, excluding adulterants or
362	362	dilutants.
363	363	(d) The director shall adopt rules for determining the
364	364	amount of marihuana concentrate in a product that contains a
365	365	combination of marihuana concentrate and adulterants or dilutants.
366	366	SECTION 1.06. The heading to Section 481.122, Health and
367	367	Safety Code, is amended to read as follows:
368	368	Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE,
369	369	MARIHUANA, OR MARIHUANA CONCENTRATE TO CHILD.
370	370	SECTION 1.07. Section 481.122(a), Health and Safety Code,
371	371	is amended to read as follows:
372	372	(a) A person commits an offense if the person knowingly
373	373	delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
374	374	or 3 or knowingly delivers marihuana or marihuana concentrate and
375	375	the person delivers the controlled substance, marihuana, or
376	376	marihuana concentrate to a person:
377	377	(1) who is a child;
378	378	(2) who is enrolled in a public or private primary or
379	379	secondary school; or
380	380	(3) who the actor knows or believes intends to deliver
381	381	the controlled substance, marihuana, or marihuana concentrate to a
382	382	person described by Subdivision (1) or (2).
383	383	SECTION 1.08. Section 481.126(a), Health and Safety Code,
384	384	is amended to read as follows:
385	385	(a) A person commits an offense if the person:
386	386	(1) barters property or expends funds the person knows
387	387	are derived from the commission of an offense under this chapter
388	388	punishable by imprisonment in the Texas Department of Criminal
389	389	Justice for life;
390	390	(2) barters property or expends funds the person knows
391	391	are derived from the commission of:
392	392	(A) an offense under Section 481.121(a) that is
393	393	punishable under Section 481.121(b)(5); or
394	394	(B) an offense under Section 481.1211(a) that is
395	395	punishable under Section 481.1211(b)(5);
396	396	(3) barters property or finances or invests funds the
397	397	person knows or believes are intended to further the commission of
398	398	an offense for which the punishment is described by Subdivision
399	399	(1); or
400	400	(4) barters property or finances or invests funds the
401	401	person knows or believes are intended to further the commission of:
402	402	(A) an offense under Section 481.121(a) that is
403	403	punishable under Section 481.121(b)(5); or
404	404	(B) an offense under Section 481.1211(a) that is
405	405	punishable under Section 481.1211(b)(5).
406	406	SECTION 1.09. Section 481.133(c), Health and Safety Code,
407	407	is amended to read as follows:
408	408	(c) In this section, "drug test" means a lawfully
409	409	administered test designed to detect the presence of a controlled
410	410	substance, marihuana, or marihuana concentrate.
411	411	SECTION 1.10. Sections 481.134(b), (c), (d), (e), and (f),
412	412	Health and Safety Code, are amended to read as follows:
413	413	(b) An offense otherwise punishable as a state jail felony
414	414	under Section 481.112, 481.1121, 481.113, 481.1132, 481.114, or
415	415	481.120 is punishable as a felony of the third degree, an offense
416	416	otherwise punishable as a felony of the third degree under any of
417	417	those sections is punishable as a felony of the second degree, and
418	418	an offense otherwise punishable as a felony of the second degree
419	419	under any of those sections is punishable as a felony of the first
420	420	degree, if it is shown at the punishment phase of the trial of the
421	421	offense that the offense was committed:
422	422	(1) in, on, or within 1,000 feet of premises owned,
423	423	rented, or leased by an institution of higher education [learning],
424	424	the premises of a public or private youth center, or a playground;
425	425	or
426	426	(2) in, on, or within 300 feet of the premises of a
427	427	public swimming pool or video arcade facility.
428	428	(c) The minimum term of confinement or imprisonment for an
429	429	offense otherwise punishable under Section 481.112(c), (d), (e), or
430	430	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
431	431	481.1132(e), (f), or (g), 481.114(c), (d), or (e), 481.115(c)-(f),
432	432	481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
433	433	481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
434	434	(d), or (e), 481.120(b)(4), (5), or (6), [or] 481.121(b)(4), (5),
435	435	or (6), or 481.1211(b)(4) or (5) is increased by five years and the
436	436	maximum fine for the offense is doubled if it is shown on the trial
437	437	of the offense that the offense was committed:
438	438	(1) in, on, or within 1,000 feet of the premises of a
439	439	school, the premises of a public or private youth center, or a
440	440	playground; or
441	441	(2) on a school bus.
442	442	(d) An offense otherwise punishable under Section
443	443	481.112(b), 481.1121(b)(1), 481.113(b), 481.1132(d), 481.114(b),
444	444	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
445	445	481.120(b)(3), [or] 481.121(b)(3), or 481.1211(b)(3) is a felony of
446	446	the third degree if it is shown on the trial of the offense that the
447	447	offense was committed:
448	448	(1) in, on, or within 1,000 feet of any real property
449	449	that is owned, rented, or leased to a school or school board, the
450	450	premises of a public or private youth center, or a playground; or
451	451	(2) on a school bus.
452	452	(e) An offense otherwise punishable under Section
453	453	481.1132(c), 481.117(b), 481.119(a), 481.120(b)(2), [or]
454	454	481.121(b)(2), or 481.1211(b)(2) is a state jail felony if it is
455	455	shown on the trial of the offense that the offense was committed:
456	456	(1) in, on, or within 1,000 feet of any real property
457	457	that is owned, rented, or leased to a school or school board, the
458	458	premises of a public or private youth center, or a playground; or
459	459	(2) on a school bus.
460	460	(f) An offense otherwise punishable under Section
461	461	481.1132(b), 481.118(b), 481.119(b), 481.120(b)(1), [or]
462	462	481.121(b)(1), or 481.1211(b)(1) is a Class A misdemeanor if it is
463	463	shown on the trial of the offense that the offense was committed:
464	464	(1) in, on, or within 1,000 feet of any real property
465	465	that is owned, rented, or leased to a school or school board, the
466	466	premises of a public or private youth center, or a playground; or
467	467	(2) on a school bus.
468	468	SECTION 1.11. Section 481.140(a), Health and Safety Code,
469	469	is amended to read as follows:
470	470	(a) If it is shown at the punishment phase of the trial of an
471	471	offense otherwise punishable as a state jail felony, felony of the
472	472	third degree, or felony of the second degree under Section 481.112,
473	473	481.1121, 481.113, 481.1132, 481.114, 481.120, or 481.122 that the
474	474	defendant used or attempted to use a child younger than 18 years of
475	475	age to commit or assist in the commission of the offense, the
476	476	punishment is increased by one degree, unless the defendant used or
477	477	threatened to use force against the child or another to gain the
478	478	child's assistance, in which event the punishment for the offense
479	479	is a felony of the first degree.
480	480	SECTION 1.12. Section 481.141(b), Health and Safety Code,
481	481	is amended to read as follows:
482	482	(b) This section applies to an offense otherwise punishable
483	483	as a state jail felony, felony of the third degree, or felony of the
484	484	second degree under Section 481.112, 481.1121, 481.113, 481.1132,
485	485	481.114, or 481.122.
486	486	ARTICLE 2. CONFORMING AMENDMENTS
487	487	SECTION 2.01. Article 13.22, Code of Criminal Procedure, is
488	488	amended to read as follows:
489	489	Art. 13.22. POSSESSION AND DELIVERY OF MARIHUANA OR
490	490	MARIHUANA CONCENTRATE. An offense of possession or delivery of
491	491	marihuana or marihuana concentrate may be prosecuted in the county
492	492	where the offense was committed or with the consent of the defendant
493	493	in a county that is adjacent to and in the same judicial district as
494	494	the county where the offense was committed.
495	495	SECTION 2.02. Article 14.06(d), Code of Criminal Procedure,
496	496	is amended to read as follows:
497	497	(d) Subsection (c) applies only to a person charged with
498	498	committing an offense under:
499	499	(1) Section 481.121, Health and Safety Code, if the
500	500	offense is punishable under Subsection (b)(1) or (2) of that
501	501	section;
502	502	(1-a) Section 481.1161, Health and Safety Code, if the
503	503	offense is punishable under Subsection (b)(1) or (2) of that
504	504	section;
505	505	(1-b) Section 481.1211, Health and Safety Code, if the
506	506	offense is punishable under Subsection (b)(1) or (2) of that
507	507	section;
508	508	(2) Section 28.03, Penal Code, if the offense is
509	509	punishable under Subsection (b)(2) of that section;
510	510	(3) Section 28.08, Penal Code, if the offense is
511	511	punishable under Subsection (b)(2) or (3) of that section;
512	512	(4) Section 31.03, Penal Code, if the offense is
513	513	punishable under Subsection (e)(2)(A) of that section;
514	514	(5) Section 31.04, Penal Code, if the offense is
515	515	punishable under Subsection (e)(2) of that section;
516	516	(6) Section 38.114, Penal Code, if the offense is
517	517	punishable as a Class B misdemeanor; or
518	518	(7) Section 521.457, Transportation Code.
519	519	SECTION 2.03. Article 15.27(h), Code of Criminal Procedure,
520	520	is amended to read as follows:
521	521	(h) This article applies to any felony offense and the
522	522	following misdemeanors:
523	523	(1) an offense under Section 20.02, 21.08, 22.01,
524	524	22.05, 22.07, or 71.02, Penal Code;
525	525	(2) the unlawful use, sale, or possession of a
526	526	controlled substance, drug paraphernalia, marihuana, or marihuana
527	527	concentrate, as defined by Chapter 481, Health and Safety Code; or
528	528	(3) the unlawful possession of any of the weapons or
529	529	devices listed in Sections 46.01(1)-(14) or Section 46.01(16)
530	530	[(16)], Penal Code, or a weapon listed as a prohibited weapon under
531	531	Section 46.05, Penal Code.
532	532	SECTION 2.04. Article 18A.101, Code of Criminal Procedure,
533	533	is amended to read as follows:
534	534	Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
535	535	ISSUED. A judge of competent jurisdiction may issue an
536	536	interception order only if the prosecutor applying for the order
537	537	shows probable cause to believe that the interception will provide
538	538	evidence of the commission of:
539	539	(1) a felony under any of the following provisions of
540	540	the Health and Safety Code:
541	541	(A) Chapter 481, other than felony possession of
542	542	marihuana or marihuana concentrate;
543	543	(B) Chapter 483; or
544	544	(C) Section 485.032;
545	545	(2) an offense under any of the following provisions
546	546	of the Penal Code:
547	547	(A) Section 19.02;
548	548	(B) Section 19.03;
549	549	(C) Section 20.03;
550	550	(D) Section 20.04;
551	551	(E) Chapter 20A;
552	552	(F) Chapter 34, if the criminal activity giving
553	553	rise to the proceeds involves the commission of an offense under
554	554	Title 5, Penal Code, or an offense under federal law or the laws of
555	555	another state containing elements that are substantially similar to
556	556	the elements of an offense under Title 5;
557	557	(G) Section 38.11;
558	558	(H) Section 43.04;
559	559	(I) Section 43.05; or
560	560	(J) Section 43.26; or
561	561	(3) an attempt, conspiracy, or solicitation to commit
562	562	an offense listed in Subdivision (1) or (2).
563	563	SECTION 2.05. Article 42A.514(a), Code of Criminal
564	564	Procedure, is amended to read as follows:
565	565	(a) If a judge grants community supervision to a defendant
566	566	younger than 18 years of age convicted of an alcohol-related
567	567	offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
568	568	106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
569	569	an offense involving possession of a controlled substance, [or]
570	570	marihuana, or marihuana concentrate under Section 481.115,
571	571	481.1151, 481.116, 481.1161, 481.117, 481.118, [or] 481.121, or
572	572	481.1211, Health and Safety Code, the judge may require the
573	573	defendant as a condition of community supervision to attend, as
574	574	appropriate:
575	575	(1) an alcohol awareness program approved under
576	576	Section 106.115, Alcoholic Beverage Code; or
577	577	(2) a drug education program that is designed to
578	578	educate persons on the dangers of drug abuse and is approved by the
579	579	Department of State Health Services in accordance with Section
580	580	521.374, Transportation Code.
581	581	SECTION 2.06. Articles 42A.551(a) and (c), Code of Criminal
582	582	Procedure, are amended to read as follows:
583	583	(a) Except as otherwise provided by Subsection (b) or (c),
584	584	on conviction of a state jail felony under Section 481.115(b),
585	585	481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3),
586	586	481.1211(b)(3), or 481.129(g)(1), Health and Safety Code, that is
587	587	punished under Section 12.35(a), Penal Code, the judge shall
588	588	suspend the imposition of the sentence and place the defendant on
589	589	community supervision.
590	590	(c) Subsection (a) does not apply to a defendant who:
591	591	(1) under Section 481.1151(b)(1), Health and Safety
592	592	Code, possessed more than five abuse units of the controlled
593	593	substance;
594	594	(2) under Section 481.1161(b)(3), Health and Safety
595	595	Code, possessed more than one pound, by aggregate weight, including
596	596	adulterants or dilutants, of the controlled substance; [or]
597	597	(3) under Section 481.121(b)(3), Health and Safety
598	598	Code, possessed more than one pound of marihuana; or
599	599	(4) under Section 481.1211(b)(3), Health and Safety
600	600	Code, possessed more than 40 grams of marihuana concentrate.
601	601	SECTION 2.07. Article 42A.555(a), Code of Criminal
602	602	Procedure, is amended to read as follows:
603	603	(a) A judge assessing punishment in a state jail felony case
604	604	may impose as a condition of community supervision that a defendant
605	605	submit at the beginning of the period of community supervision to a
606	606	term of confinement in a state jail felony facility for a term of:
607	607	(1) not less than 90 days or more than 180 days; or
608	608	(2) not less than 90 days or more than one year, if the
609	609	defendant is convicted of an offense punishable as a state jail
610	610	felony under Section 481.112, 481.1121, 481.113, 481.1132, or
611	611	481.120, Health and Safety Code.
612	612	SECTION 2.08. Section 37.005(c), Education Code, is amended
613	613	to read as follows:
614	614	(c) A student who is enrolled in a grade level below grade
615	615	three may not be placed in out-of-school suspension unless while on
616	616	school property or while attending a school-sponsored or
617	617	school-related activity on or off of school property, the student
618	618	engages in:
619	619	(1) conduct that contains the elements of an offense
620	620	related to weapons under Section 46.02 or 46.05, Penal Code;
621	621	(2) conduct that contains the elements of a violent
622	622	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
623	623	or
624	624	(3) selling, giving, or delivering to another person
625	625	or possessing, using, or being under the influence of any amount of:
626	626	(A) marihuana, marihuana concentrate, or a
627	627	controlled substance, as defined by Chapter 481, Health and Safety
628	628	Code, or by 21 U.S.C. Section 801 et seq.;
629	629	(B) a dangerous drug, as defined by Chapter 483,
630	630	Health and Safety Code; or
631	631	(C) an alcoholic beverage, as defined by Section
632	632	1.04, Alcoholic Beverage Code.
633	633	SECTION 2.09. Section 37.006(a), Education Code, is amended
634	634	to read as follows:
635	635	(a) A student shall be removed from class and placed in a
636	636	disciplinary alternative education program as provided by Section
637	637	37.008 if the student:
638	638	(1) engages in conduct involving a public school that
639	639	contains the elements of the offense of false alarm or report under
640	640	Section 42.06, Penal Code, or terroristic threat under Section
641	641	22.07, Penal Code; or
642	642	(2) commits the following on or within 300 feet of
643	643	school property, as measured from any point on the school's real
644	644	property boundary line, or while attending a school-sponsored or
645	645	school-related activity on or off of school property:
646	646	(A) engages in conduct punishable as a felony;
647	647	(B) engages in conduct that contains the elements
648	648	of the offense of assault under Section 22.01(a)(1), Penal Code;
649	649	(C) sells, gives, or delivers to another person
650	650	or possesses or uses or is under the influence of:
651	651	(i) marihuana, marihuana concentrate, or a
652	652	controlled substance, as defined by Chapter 481, Health and Safety
653	653	Code, or by 21 U.S.C. Section 801 et seq.; or
654	654	(ii) a dangerous drug, as defined by
655	655	Chapter 483, Health and Safety Code;
656	656	(D) sells, gives, or delivers to another person
657	657	an alcoholic beverage, as defined by Section 1.04, Alcoholic
658	658	Beverage Code, commits a serious act or offense while under the
659	659	influence of alcohol, or possesses, uses, or is under the influence
660	660	of an alcoholic beverage;
661	661	(E) engages in conduct that contains the elements
662	662	of an offense relating to an abusable volatile chemical under
663	663	Sections 485.031 through 485.034, Health and Safety Code; or
664	664	(F) engages in conduct that contains the elements
665	665	of the offense of public lewdness under Section 21.07, Penal Code,
666	666	or indecent exposure under Section 21.08, Penal Code.
667	667	SECTION 2.10. Section 37.007(b), Education Code, is amended
668	668	to read as follows:
669	669	(b) A student may be expelled if the student:
670	670	(1) engages in conduct involving a public school that
671	671	contains the elements of the offense of false alarm or report under
672	672	Section 42.06, Penal Code, or terroristic threat under Section
673	673	22.07, Penal Code;
674	674	(2) while on or within 300 feet of school property, as
675	675	measured from any point on the school's real property boundary
676	676	line, or while attending a school-sponsored or school-related
677	677	activity on or off of school property:
678	678	(A) sells, gives, or delivers to another person
679	679	or possesses, uses, or is under the influence of any amount of:
680	680	(i) marihuana, marihuana concentrate, or a
681	681	controlled substance, as defined by Chapter 481, Health and Safety
682	682	Code, or by 21 U.S.C. Section 801 et seq.;
683	683	(ii) a dangerous drug, as defined by
684	684	Chapter 483, Health and Safety Code; or
685	685	(iii) an alcoholic beverage, as defined by
686	686	Section 1.04, Alcoholic Beverage Code;
687	687	(B) engages in conduct that contains the elements
688	688	of an offense relating to an abusable volatile chemical under
689	689	Sections 485.031 through 485.034, Health and Safety Code;
690	690	(C) engages in conduct that contains the elements
691	691	of an offense under Section 22.01(a)(1), Penal Code, against a
692	692	school district employee or a volunteer as defined by Section
693	693	22.053 of this code; or
694	694	(D) engages in conduct that contains the elements
695	695	of the offense of deadly conduct under Section 22.05, Penal Code;
696	696	(3) subject to Subsection (d), while within 300 feet
697	697	of school property, as measured from any point on the school's real
698	698	property boundary line:
699	699	(A) engages in conduct specified by Subsection
700	700	(a); or
701	701	(B) possesses a firearm, as defined by 18 U.S.C.
702	702	Section 921;
703	703	(4) engages in conduct that contains the elements of
704	704	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
705	705	aggravated robbery under Section 29.03, Penal Code, against another
706	706	student, without regard to whether the conduct occurs on or off of
707	707	school property or while attending a school-sponsored or
708	708	school-related activity on or off of school property; or
709	709	(5) engages in conduct that contains the elements of
710	710	the offense of breach of computer security under Section 33.02,
711	711	Penal Code, if:
712	712	(A) the conduct involves accessing a computer,
713	713	computer network, or computer system owned by or operated on behalf
714	714	of a school district; and
715	715	(B) the student knowingly:
716	716	(i) alters, damages, or deletes school
717	717	district property or information; or
718	718	(ii) commits a breach of any other
719	719	computer, computer network, or computer system.
720	720	SECTION 2.11. Section 37.015(a), Education Code, is amended
721	721	to read as follows:
722	722	(a) The principal of a public or private primary or
723	723	secondary school, or a person designated by the principal under
724	724	Subsection (d), shall notify any school district police department
725	725	and the police department of the municipality in which the school is
726	726	located or, if the school is not in a municipality, the sheriff of
727	727	the county in which the school is located if the principal has
728	728	reasonable grounds to believe that any of the following activities
729	729	occur in school, on school property, or at a school-sponsored or
730	730	school-related activity on or off school property, whether or not
731	731	the activity is investigated by school security officers:
732	732	(1) conduct that may constitute an offense listed
733	733	under Section 508.149, Government Code;
734	734	(2) deadly conduct under Section 22.05, Penal Code;
735	735	(3) a terroristic threat under Section 22.07, Penal
736	736	Code;
737	737	(4) the use, sale, or possession of a controlled
738	738	substance, drug paraphernalia, marihuana, or marihuana concentrate
739	739	under Chapter 481, Health and Safety Code;
740	740	(5) the possession of any of the weapons or devices
741	741	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
742	742	Code;
743	743	(6) conduct that may constitute a criminal offense
744	744	under Section 71.02, Penal Code; or
745	745	(7) conduct that may constitute a criminal offense for
746	746	which a student may be expelled under Section 37.007(a), (d), or
747	747	(e).
748	748	SECTION 2.12. Section 37.016, Education Code, is amended to
749	749	read as follows:
750	750	Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
751	751	teacher, school administrator, or school employee is not liable in
752	752	civil damages for reporting to a school administrator or
753	753	governmental authority, in the exercise of professional judgment
754	754	within the scope of the teacher's, administrator's, or employee's
755	755	duties, a student whom the teacher suspects of using, passing, or
756	756	selling, on school property:
757	757	(1) marihuana, marihuana concentrate, or a controlled
758	758	substance, as defined by Chapter 481, Health and Safety Code;
759	759	(2) a dangerous drug, as defined by Chapter 483,
760	760	Health and Safety Code;
761	761	(3) an abusable volatile chemical [glue or aerosol
762	762	paint], as defined by Chapter 485, Health and Safety Code, [or a
763	763	volatile chemical, as listed in Chapter 484, Health and Safety
764	764	Code,] if the substance is used or sold for the purpose of inhaling
765	765	its fumes or vapors; or
766	766	(4) an alcoholic beverage, as defined by Section 1.04,
767	767	Alcoholic Beverage Code.
768	768	SECTION 2.13. Section 53.03(h-1), Family Code, is amended
769	769	to read as follows:
770	770	(h-1) If the child is alleged to have engaged in delinquent
771	771	conduct or conduct indicating a need for supervision that violates
772	772	Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
773	773	[or] 481.121, or 481.1211, Health and Safety Code, deferred
774	774	prosecution under this section may include a condition that the
775	775	child attend a drug education program that is designed to educate
776	776	persons on the dangers of drug abuse and is approved by the
777	777	Department of State Health Services in accordance with Section
778	778	521.374, Transportation Code.
779	779	SECTION 2.14. Section 54.047(a), Family Code, is amended to
780	780	read as follows:
781	781	(a) If the court or jury finds at an adjudication hearing
782	782	for a child that the child engaged in delinquent conduct or conduct
783	783	indicating a need for supervision that constitutes a violation of
784	784	Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
785	785	[or] 481.121, or 481.1211, Health and Safety Code, the court may
786	786	order that the child attend a drug education program that is
787	787	designed to educate persons on the dangers of drug abuse and is
788	788	approved by the Department of State Health Services in accordance
789	789	with Section 521.374, Transportation Code.
790	790	SECTION 2.15. Section 76.017(b), Government Code, is
791	791	amended to read as follows:
792	792	(b) The program must:
793	793	(1) include automatic screening and evaluation of a
794	794	person arrested for an offense, other than a Class C misdemeanor, in
795	795	which an element of the offense is the use or possession of alcohol
796	796	or the use, possession, or sale of a controlled substance,
797	797	marihuana, or marihuana concentrate;
798	798	(2) include automatic screening and evaluation of a
799	799	person arrested for an offense, other than a Class C misdemeanor, in
800	800	which the use of alcohol or drugs is suspected to have significantly
801	801	contributed to the offense for which the individual has been
802	802	arrested;
803	803	(3) coordinate the evaluation and referral to
804	804	treatment services; and
805	805	(4) make referrals for the appropriate treatment of a
806	806	person determined to be in need of treatment, including referrals
807	807	to a community corrections facility as defined by Section 509.001.
808	808	SECTION 2.16. Section 123.002, Government Code, is amended
809	809	to read as follows:
810	810	Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
811	811	commissioners court of a county or governing body of a municipality
812	812	may establish the following types of drug court programs:
813	813	(1) drug courts for persons arrested for, charged
814	814	with, or convicted of:
815	815	(A) an offense in which an element of the offense
816	816	is the use or possession of alcohol or the use, possession, or sale
817	817	of a controlled substance, a controlled substance analogue,
818	818	marihuana, or marihuana concentrate; or
819	819	(B) an offense in which the use of alcohol or a
820	820	controlled substance is suspected to have significantly
821	821	contributed to the commission of the offense and the offense did not
822	822	involve:
823	823	(i) carrying, possessing, or using a
824	824	firearm or other dangerous weapon;
825	825	(ii) the use of force against the person of
826	826	another; or
827	827	(iii) the death of or serious bodily injury
828	828	to another;
829	829	(2) drug courts for juveniles detained for, taken into
830	830	custody for, or adjudicated as having engaged in:
831	831	(A) delinquent conduct, including habitual
832	832	felony conduct, or conduct indicating a need for supervision in
833	833	which an element of the conduct is the use or possession of alcohol
834	834	or the use, possession, or sale of a controlled substance, a
835	835	controlled substance analogue, marihuana, or marihuana
836	836	concentrate; or
837	837	(B) delinquent conduct, including habitual
838	838	felony conduct, or conduct indicating a need for supervision in
839	839	which the use of alcohol or a controlled substance is suspected to
840	840	have significantly contributed to the commission of the conduct and
841	841	the conduct did not involve:
842	842	(i) carrying, possessing, or using a
843	843	firearm or other dangerous weapon;
844	844	(ii) the use of force against the person of
845	845	another; or
846	846	(iii) the death of or serious bodily injury
847	847	to another;
848	848	(3) reentry drug courts for persons with a
849	849	demonstrated history of using alcohol or a controlled substance who
850	850	may benefit from a program designed to facilitate the person's
851	851	transition and reintegration into the community on release from a
852	852	state or local correctional facility;
853	853	(4) family dependency drug treatment courts for family
854	854	members involved in a suit affecting the parent-child relationship
855	855	in which a parent's use of alcohol or a controlled substance is a
856	856	primary consideration in the outcome of the suit; or
857	857	(5) programs for other persons not precisely described
858	858	by Subdivisions (1)-(4) who may benefit from a program that has the
859	859	essential characteristics described by Section 123.001.
860	860	SECTION 2.17. Section 411.0728(a), Government Code, is
861	861	amended to read as follows:
862	862	(a) This section applies only to a person:
863	863	(1) who is placed on community supervision under
864	864	Chapter 42A, Code of Criminal Procedure, after conviction for an
865	865	offense under:
866	866	(A) Section 481.120, Health and Safety Code, if
867	867	the offense is punishable under Subsection (b)(1);
868	868	(B) Section 481.121, Health and Safety Code, if
869	869	the offense is punishable under Subsection (b)(1);
870	870	(B-1) Section 481.1211, Health and Safety Code,
871	871	if the offense is punishable under Subsection (b)(1);
872	872	(C) Section 31.03, Penal Code, if the offense is
873	873	punishable under Subsection (e)(1) or (2);
874	874	(D) Section 43.02, Penal Code; or
875	875	(E) Section 43.03(a)(2), Penal Code, if the
876	876	offense is punishable as a Class A misdemeanor; and
877	877	(2) with respect to whom the conviction is
878	878	subsequently set aside by the court under Article 42A.701, Code of
879	879	Criminal Procedure.
880	880	SECTION 2.18. Section 31.0031(d), Human Resources Code, is
881	881	amended to read as follows:
882	882	(d) The responsibility agreement shall require that:
883	883	(1) the parent of a dependent child cooperate with the
884	884	commission and the Title IV-D agency if necessary to establish the
885	885	paternity of the dependent child and to establish or enforce child
886	886	support;
887	887	(2) if adequate and accessible providers of the
888	888	services are available in the geographic area and subject to the
889	889	availability of funds, each dependent child, as appropriate,
890	890	complete early and periodic screening, diagnosis, and treatment
891	891	checkups on schedule and receive the immunization series prescribed
892	892	by Section 161.004, Health and Safety Code, unless the child is
893	893	exempt under that section;
894	894	(3) each adult recipient, or teen parent recipient who
895	895	has completed the requirements regarding school attendance in
896	896	Subdivision (6), not voluntarily terminate paid employment of at
897	897	least 30 hours each week without good cause in accordance with rules
898	898	adopted by the executive commissioner;
899	899	(4) each adult recipient for whom a needs assessment
900	900	is conducted participate in an activity to enable that person to
901	901	become self-sufficient by:
902	902	(A) continuing the person's education or
903	903	becoming literate;
904	904	(B) entering a job placement or employment skills
905	905	training program;
906	906	(C) serving as a volunteer in the person's
907	907	community; or
908	908	(D) serving in a community work program or other
909	909	work program approved by the commission;
910	910	(5) each caretaker relative or parent receiving
911	911	assistance not use, sell, or possess marihuana, marihuana
912	912	concentrate, or a controlled substance in violation of Chapter 481,
913	913	Health and Safety Code, or abuse alcohol;
914	914	(6) each dependent child younger than 18 years of age
915	915	or teen parent younger than 19 years of age attend school regularly,
916	916	unless the child has a high school diploma or high school
917	917	equivalency certificate or is specifically exempted from school
918	918	attendance under Section 25.086, Education Code;
919	919	(7) each recipient comply with commission rules
920	920	regarding proof of school attendance; and
921	921	(8) each recipient attend appropriate parenting
922	922	skills training classes, as determined by the needs assessment.
923	923	SECTION 2.19. Section 1355.006, Insurance Code, is amended
924	924	to read as follows:
925	925	Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
926	926	CONTROLLED SUBSTANCE, MARIHUANA, OR MARIHUANA CONCENTRATE NOT
927	927	REQUIRED. (a) In this section, "controlled substance," [and]
928	928	"marihuana," and "marihuana concentrate" have the meanings
929	929	assigned by Section 481.002, Health and Safety Code.
930	930	(b) This subchapter does not require a group health benefit
931	931	plan to provide coverage for the treatment of:
932	932	(1) addiction to a controlled substance, marihuana, or
933	933	marihuana concentrate that is used in violation of law; or
934	934	(2) mental illness that results from the use of a
935	935	controlled substance, marihuana, or marihuana concentrate in
936	936	violation of law.
937	937	ARTICLE 3. TRANSITION PROVISION; EFFECTIVE DATE
938	938	SECTION 3.01. The change in law made by this Act applies
939	939	only to an offense committed on or after the effective date of this
940	940	Act. An offense committed before the effective date of this Act is
941	941	governed by the law in effect on the date the offense was committed,
942	942	and the former law is continued in effect for that purpose. For
943	943	purposes of this section, an offense was committed before the
944	944	effective date of this Act if any element of the offense occurred
945	945	before that date.
946	946	SECTION 3.02. This Act takes effect September 1, 2019.