Texas 2021 - 87th Regular

Texas Senate Bill SB768 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 768
	1	+	By: Huffman, et al. S.B. No. 768
	2	+	(A. Johnson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to increasing the criminal penalties for manufacture or
6	8		delivery of fentanyl and related substances; creating a criminal
7	9		offense.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Sections 481.002(5) and (6), Health and Safety
10	12		Code, are amended to read as follows:
11	13		(5) "Controlled substance" means a substance,
12	14		including a drug, an adulterant, and a dilutant, listed in
13	15		Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or
14	16		4. The term includes the aggregate weight of any mixture,
15	17		solution, or other substance containing a controlled substance.
16	18		The term does not include hemp, as defined by Section 121.001,
17	19		Agriculture Code, or the tetrahydrocannabinols in hemp.
18	20		(6) "Controlled substance analogue" means:
19	21		(A) a substance with a chemical structure
20	22		substantially similar to the chemical structure of a controlled
21	23		substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, or
22	24		2-A; or
23	25		(B) a substance specifically designed to produce
24	26		an effect substantially similar to, or greater than, the effect of a
25	27		controlled substance in Schedule I or II or Penalty Group 1, 1-A,
26	28		1-B, 2, or 2-A.
27	29		SECTION 2. Section 481.102, Health and Safety Code, is
28	30		amended to read as follows:
29	31		Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists
30	32		of:
31	33		(1) the following opiates, including their isomers,
32	34		esters, ethers, salts, and salts of isomers, esters, and ethers,
33	35		unless specifically excepted, if the existence of these isomers,
34	36		esters, ethers, and salts is possible within the specific chemical
35	37		designation:
36	38		Alfentanil;
37	39		Allylprodine;
38	40		Alphacetylmethadol;
39	41		Benzethidine;
40	42		Betaprodine;
41	43		Clonitazene;
42	44		Diampromide;
43	45		Diethylthiambutene;
44	46		Difenoxin not listed in Penalty Group 3 or 4;
45	47		Dimenoxadol;
46	48		Dimethylthiambutene;
47	49		Dioxaphetyl butyrate;
48	50		Dipipanone;
49	51		Ethylmethylthiambutene;
50	52		Etonitazene;
51	53		Etoxeridine;
52	54		Furethidine;
53	55		Hydroxypethidine;
54	56		Ketobemidone;
55	57		Levophenacylmorphan;
56	58		Meprodine;
57	59		Methadol;
58	60		Moramide;
59	61		Morpheridine;
60	62		Noracymethadol;
61	63		Norlevorphanol;
62	64		Normethadone;
63	65		Norpipanone;
64	66		Phenadoxone;
65	67		Phenampromide;
66	68		Phenomorphan;
67	69		Phenoperidine;
68	70		Piritramide;
69	71		Proheptazine;
70	72		Properidine;
71	73		Propiram;
72	74		Sufentanil;
73	75		Tilidine; and
74	76		Trimeperidine;
75	77		(2) the following opium derivatives, their salts,
76	78		isomers, and salts of isomers, unless specifically excepted, if the
77	79		existence of these salts, isomers, and salts of isomers is possible
78	80		within the specific chemical designation:
79	81		Acetorphine;
80	82		Acetyldihydrocodeine;
81	83		Benzylmorphine;
82	84		Codeine methylbromide;
83	85		Codeine-N-Oxide;
84	86		Cyprenorphine;
85	87		Desomorphine;
86	88		Dihydromorphine;
87	89		Drotebanol;
88	90		Etorphine, except hydrochloride salt;
89	91		Heroin;
90	92		Hydromorphinol;
91	93		Methyldesorphine;
92	94		Methyldihydromorphine;
93	95		Monoacetylmorphine;
94	96		Morphine methylbromide;
95	97		Morphine methylsulfonate;
96	98		Morphine-N-Oxide;
97	99		Myrophine;
98	100		Nicocodeine;
99	101		Nicomorphine;
100	102		Normorphine;
101	103		Pholcodine; and
102	104		Thebacon;
103	105		(3) the following substances, however produced,
104	106		except those narcotic drugs listed in another group:
105	107		(A) Opium and opiate not listed in Penalty Group
106	108		3 or 4, and a salt, compound, derivative, or preparation of opium or
107	109		opiate, other than thebaine derived butorphanol, nalmefene and its
108	110		salts, naloxone and its salts, and naltrexone and its salts, but
109	111		including:
110	112		Codeine not listed in Penalty Group 3 or 4;
111	113		Dihydroetorphine;
112	114		Ethylmorphine not listed in Penalty Group 3
113	115		or 4;
114	116		Granulated opium;
115	117		Hydrocodone not listed in Penalty Group 3;
116	118		Hydromorphone;
117	119		Metopon;
118	120		Morphine not listed in Penalty Group 3;
119	121		Opium extracts;
120	122		Opium fluid extracts;
121	123		Oripavine;
122	124		Oxycodone;
123	125		Oxymorphone;
124	126		Powdered opium;
125	127		Raw opium;
126	128		Thebaine; and
127	129		Tincture of opium;
128	130		(B) a salt, compound, isomer, derivative, or
129	131		preparation of a substance that is chemically equivalent or
130	132		identical to a substance described by Paragraph (A), other than the
131	133		isoquinoline alkaloids of opium;
132	134		(C) Opium poppy and poppy straw;
133	135		(D) Cocaine, including:
134	136		(i) its salts, its optical, position, and
135	137		geometric isomers, and the salts of those isomers;
136	138		(ii) coca leaves and a salt, compound,
137	139		derivative, or preparation of coca leaves; and
138	140		(iii) a salt, compound, derivative, or
139	141		preparation of a salt, compound, or derivative that is chemically
140	142		equivalent or identical to a substance described by Subparagraph
141	143		(i) or (ii), other than decocainized coca leaves or extractions of
142	144		coca leaves that do not contain cocaine or ecgonine; and
143	145		(E) concentrate of poppy straw, meaning the crude
144	146		extract of poppy straw in liquid, solid, or powder form that
145	147		contains the phenanthrine alkaloids of the opium poppy;
146	148		(4) the following opiates, including their isomers,
147	149		esters, ethers, salts, and salts of isomers, if the existence of
148	150		these isomers, esters, ethers, and salts is possible within the
149	151		specific chemical designation:
150	152		Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
151	153		phenethyl)-4-piperidinyl]-N-phenylacetamide);
152	154		Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
153	155		thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
154	156		Alphaprodine;
155	157		Anileridine;
156	158		Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
157	159		phenethyl)-4-piperidinyl] -N-phenylpropanamide);
158	160		Beta-hydroxy-3-methylfentanyl;
159	161		Bezitramide;
160	162		Carfentanil;
161	163		Dihydrocodeine not listed in Penalty Group 3 or 4;
162	164		Diphenoxylate not listed in Penalty Group 3 or 4;
163	165		[Fentanyl or alpha-methylfentanyl, or any other
164	166		derivative of Fentanyl;]
165	167		Isomethadone;
166	168		Levomethorphan;
167	169		Levorphanol;
168	170		Metazocine;
169	171		Methadone;
170	172		Methadone-Intermediate, 4-cyano-2-dimethylamino-
171	173		4, 4-diphenyl butane;
172	174		3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
173	175		4-piperidyl]-N-phenylpropanamide);
174	176		3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
175	177		ethyl-4-piperidinyl]-N-phenylpropanamide);
176	178		Moramide-Intermediate, 2-methyl-3-morpholino-1,
177	179		1-diphenyl-propane-carboxylic acid;
178	180		Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
179	181		phenylethyl)-4-piperidinylpropanamide);
180	182		PEPAP (1-(2-phenethyl)-4-phenyl-4-
181	183		acetoxypiperidine);
182	184		Pethidine (Meperidine);
183	185		Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
184	186		phenylpiperidine;
185	187		Pethidine-Intermediate-B, ethyl-4-
186	188		phenylpiperidine-4 carboxylate;
187	189		Pethidine-Intermediate-C, 1-methyl-4-
188	190		phenylpiperidine-4-carboxylic acid;
189	191		Phenazocine;
190	192		Piminodine;
191	193		Racemethorphan;
192	194		Racemorphan;
193	195		Remifentanil; and
194	196		Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
195	197		piperidinyl]-propanamide);
196	198		(5) Flunitrazepam (trade or other name: Rohypnol);
197	199		(6) Methamphetamine, including its salts, optical
198	200		isomers, and salts of optical isomers;
199	201		(7) Phenylacetone and methylamine, if possessed
200	202		together with intent to manufacture methamphetamine;
201	203		(8) Phencyclidine, including its salts;
202	204		(9) Gamma hydroxybutyric acid (some trade or other
203	205		names: gamma hydroxybutyrate, GHB), including its salts;
204	206		(10) Ketamine;
205	207		(11) Phenazepam;
206	208		(12) U-47700;
207	209		(13) AH-7921;
208	210		(14) ADB-FUBINACA;
209	211		(15) AMB-FUBINACA; and
210	212		(16) MDMB-CHMICA.
211	213		SECTION 3. Subchapter D, Chapter 481, Health and Safety
212	214		Code, is amended by adding Section 481.1022 to read as follows:
213	215		Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B
214	216		consists of fentanyl, alpha-methylfentanyl, and any other
215	217		derivative of fentanyl.
216	218		SECTION 4. Section 481.106, Health and Safety Code, is
217	219		amended to read as follows:
218	220		Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
219	221		ANALOGUE. For the purposes of the prosecution of an offense under
220	222		this subchapter involving the manufacture, delivery, or possession
221	223		of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, and 2-A
222	224		include a controlled substance analogue that:
223	225		(1) has a chemical structure substantially similar to
224	226		the chemical structure of a controlled substance listed in the
225	227		applicable penalty group; or
226	228		(2) is specifically designed to produce an effect
227	229		substantially similar to, or greater than, a controlled substance
228	230		listed in the applicable penalty group.
229	231		SECTION 5. Subchapter D, Chapter 481, Health and Safety
230	232		Code, is amended by adding Section 481.1123 to read as follows:
231	233		Sec. 481.1123. OFFENSE: MANUFACTURE OR DELIVERY OF
232	234		SUBSTANCE IN PENALTY GROUP 1-B. (a) Except as authorized by this
233	235		chapter, a person commits an offense if the person knowingly
234	236		manufactures, delivers, or possesses with intent to deliver a
235	237		controlled substance listed in Penalty Group 1-B.
236	238		(b) An offense under Subsection (a) is a state jail felony
237	239		if the amount of the controlled substance to which the offense
238	240		applies is, by aggregate weight, including adulterants or
239	241		dilutants, less than one gram.
240	242		(c) An offense under Subsection (a) is a felony of the
241	243		second degree if the amount of the controlled substance to which the
242	244		offense applies is, by aggregate weight, including adulterants or
243	245		dilutants, one gram or more but less than four grams.
244	246		(d) An offense under Subsection (a) is punishable by
245	247		imprisonment in the Texas Department of Criminal Justice for life
246	248		or for a term of not more than 99 years or less than 10 years, and a
247	249		fine not to exceed $20,000, if the amount of the controlled
248	250		substance to which the offense applies is, by aggregate weight,
249	251		including adulterants or dilutants, four grams or more but less
250	252		than 200 grams.
251	253		(e) An offense under Subsection (a) is punishable by
252	254		imprisonment in the Texas Department of Criminal Justice for life
253	255		or for a term of not more than 99 years or less than 15 years, and a
254	256		fine not to exceed $200,000, if the amount of the controlled
255	257		substance to which the offense applies is, by aggregate weight,
256	258		including adulterants or dilutants, 200 grams or more but less than
257	259		400 grams.
258	260		(f) An offense under Subsection (a) is punishable by
259	261		imprisonment in the Texas Department of Criminal Justice for life
260	262		or for a term of not more than 99 years or less than 20 years, and a
261	263		fine not to exceed $500,000, if the amount of the controlled
262	264		substance to which the offense applies is, by aggregate weight,
263	265		including adulterants or dilutants, 400 grams or more.
264	266		SECTION 6. The heading to Section 481.115, Health and
265	267		Safety Code, is amended to read as follows:
266	268		Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
267	269		GROUP 1 OR 1-B.
268	270		SECTION 7. Section 481.115(a), Health and Safety Code, is
269	271		amended to read as follows:
270	272		(a) Except as authorized by this chapter, a person commits
271	273		an offense if the person knowingly or intentionally possesses a
272	274		controlled substance listed in Penalty Group 1 or 1-B, unless the
273	275		person obtained the substance directly from or under a valid
274	276		prescription or order of a practitioner acting in the course of
275	277		professional practice.
276	278		SECTION 8. Section 481.122(a), Health and Safety Code, is
277	279		amended to read as follows:
278	280		(a) A person commits an offense if the person knowingly
279	281		delivers a controlled substance listed in Penalty Group 1, 1-A,
280	282		1-B, 2, or 3 or knowingly delivers marihuana and the person delivers
281	283		the controlled substance or marihuana to a person:
282	284		(1) who is a child;
283	285		(2) who is enrolled in a public or private primary or
284	286		secondary school; or
285	287		(3) who the actor knows or believes intends to deliver
286	288		the controlled substance or marihuana to a person described by
287	289		Subdivision (1) or (2).
288	290		SECTION 9. Section 481.124(d), Health and Safety Code, is
289	291		amended to read as follows:
290	292		(d) An offense under this section is:
291	293		(1) a felony of the second degree if the controlled
292	294		substance is listed in Penalty Group 1, [or] 1-A, or 1-B;
293	295		(2) a felony of the third degree if the controlled
294	296		substance is listed in Penalty Group 2;
295	297		(3) a state jail felony if the controlled substance is
296	298		listed in Penalty Group 3 or 4; or
297	299		(4) a Class A misdemeanor if the controlled substance
298	300		is listed in a schedule by an action of the commissioner under this
299	301		chapter but not listed in a penalty group.
300	302		SECTION 10. Sections 481.134(b) and (c), Health and Safety
301	303		Code, are amended to read as follows:
302	304		(b) An offense otherwise punishable as a state jail felony
303	305		under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or
304	306		481.120 is punishable as a felony of the third degree, an offense
305	307		otherwise punishable as a felony of the third degree under any of
306	308		those sections is punishable as a felony of the second degree, and
307	309		an offense otherwise punishable as a felony of the second degree
308	310		under any of those sections is punishable as a felony of the first
309	311		degree, if it is shown at the punishment phase of the trial of the
310	312		offense that the offense was committed:
311	313		(1) in, on, or within 1,000 feet of premises owned,
312	314		rented, or leased by an institution of higher learning, the
313	315		premises of a public or private youth center, or a playground; or
314	316		(2) in, on, or within 300 feet of the premises of a
315	317		public swimming pool or video arcade facility.
316	318		(c) The minimum term of confinement or imprisonment for an
317	319		offense otherwise punishable under Section 481.112(c), (d), (e), or
318	320		(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
319	321		481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
320	322		481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
321	323		481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c),
322	324		(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or
323	325		(6) is increased by five years and the maximum fine for the offense
324	326		is doubled if it is shown on the trial of the offense that the
325	327		offense was committed:
326	328		(1) in, on, or within 1,000 feet of the premises of a
327	329		school, the premises of a public or private youth center, or a
328	330		playground; or
329	331		(2) on a school bus.
330	332		SECTION 11. Section 481.140(a), Health and Safety Code, is
331	333		amended to read as follows:
332	334		(a) If it is shown at the punishment phase of the trial of an
333	335		offense otherwise punishable as a state jail felony, felony of the
334	336		third degree, or felony of the second degree under Section 481.112,
335	337		481.1121, 481.1123, 481.113, 481.114, 481.120, or 481.122 that the
336	338		defendant used or attempted to use a child younger than 18 years of
337	339		age to commit or assist in the commission of the offense, the
338	340		punishment is increased by one degree, unless the defendant used or
339	341		threatened to use force against the child or another to gain the
340	342		child's assistance, in which event the punishment for the offense
341	343		is a felony of the first degree.
342	344		SECTION 12. Section 481.141(b), Health and Safety Code, is
343	345		amended to read as follows:
344	346		(b) This section applies to an offense otherwise punishable
345	347		as a state jail felony, felony of the third degree, or felony of the
346	348		second degree under Section 481.112, 481.1121, 481.1123, 481.113,
347	349		481.114, or 481.122.
348	350		SECTION 13. Article 42A.054(a), Code of Criminal Procedure,
349	351		is amended to read as follows:
350	352		(a) Article 42A.053 does not apply to a defendant adjudged
351	353		guilty of an offense under:
352	354		(1) Section 15.03, Penal Code, if the offense is
353	355		punishable as a felony of the first degree;
354	356		(2) Section 19.02, Penal Code (Murder);
355	357		(3) Section 19.03, Penal Code (Capital Murder);
356	358		(4) Section 20.04, Penal Code (Aggravated
357	359		Kidnapping);
358	360		(5) Section 20A.02, Penal Code (Trafficking of
359	361		Persons);
360	362		(6) Section 20A.03, Penal Code (Continuous
361	363		Trafficking of Persons);
362	364		(7) Section 21.11, Penal Code (Indecency with a
363	365		Child);
364	366		(8) Section 22.011, Penal Code (Sexual Assault);
365	367		(9) Section 22.021, Penal Code (Aggravated Sexual
366	368		Assault);
367	369		(10) Section 22.04(a)(1), Penal Code (Injury to a
368	370		Child, Elderly Individual, or Disabled Individual), if:
369	371		(A) the offense is punishable as a felony of the
370	372		first degree; and
371	373		(B) the victim of the offense is a child;
372	374		(11) Section 29.03, Penal Code (Aggravated Robbery);
373	375		(12) Section 30.02, Penal Code (Burglary), if:
374	376		(A) the offense is punishable under Subsection
375	377		(d) of that section; and
376	378		(B) the actor committed the offense with the
377	379		intent to commit a felony under Section 21.02, 21.11, 22.011,
378	380		22.021, or 25.02, Penal Code;
379	381		(13) Section 43.04, Penal Code (Aggravated Promotion
380	382		of Prostitution);
381	383		(14) Section 43.05, Penal Code (Compelling
382	384		Prostitution);
383	385		(15) Section 43.25, Penal Code (Sexual Performance by
384	386		a Child); [or]
385	387		(16) Chapter 481, Health and Safety Code, for which
386	388		punishment is increased under:
387	389		(A) Section 481.140 of that code (Use of Child in
388	390		Commission of Offense); or
389	391		(B) Section 481.134(c), (d), (e), or (f) of that
390	392		code (Drug-free Zones) if it is shown that the defendant has been
391	393		previously convicted of an offense for which punishment was
392	394		increased under any of those subsections; or
393	395		(17) Section 481.1123, Health and Safety Code
394	396		(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
395	397		offense is punishable under Subsection (d), (e), or (f) of that
396	398		section.
397	399		SECTION 14. Article 42A.056, Code of Criminal Procedure, is
398	400		amended to read as follows:
399	401		Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
400	402		SUPERVISION. A defendant is not eligible for community supervision
401	403		under Article 42A.055 if the defendant:
402	404		(1) is sentenced to a term of imprisonment that
403	405		exceeds 10 years;
404	406		(2) is convicted of a state jail felony for which
405	407		suspension of the imposition of the sentence occurs automatically
406	408		under Article 42A.551;
407	409		(3) is adjudged guilty of an offense under Section
408	410		19.02, Penal Code;
409	411		(4) is convicted of an offense under Section 21.11,
410	412		22.011, or 22.021, Penal Code, if the victim of the offense was
411	413		younger than 14 years of age at the time the offense was committed;
412	414		(5) is convicted of an offense under Section 20.04,
413	415		Penal Code, if:
414	416		(A) the victim of the offense was younger than 14
415	417		years of age at the time the offense was committed; and
416	418		(B) the actor committed the offense with the
417	419		intent to violate or abuse the victim sexually;
418	420		(6) is convicted of an offense under Section 20A.02,
419	421		20A.03, 43.04, 43.05, or 43.25, Penal Code; [or]
420	422		(7) is convicted of an offense for which punishment is
421	423		increased under Section 481.134(c), (d), (e), or (f), Health and
422	424		Safety Code, if it is shown that the defendant has been previously
423	425		convicted of an offense for which punishment was increased under
424	426		any of those subsections; or
425	427		(8) is convicted of an offense under Section 481.1123,
426	428		Health and Safety Code, if the offense is punishable under
427	429		Subsection (d), (e), or (f) of that section.
428	430		SECTION 15. Article 42A.102(b), Code of Criminal Procedure,
429	431		as amended by Chapters 1137 (H.B. 2758) and 1298 (H.B. 3582), Acts
430	432		of the 86th Legislature, Regular Session, 2019, is reenacted and
431	433		amended to read as follows:
432	434		(b) In all other cases, the judge may grant deferred
433	435		adjudication community supervision unless:
434	436		(1) the defendant is charged with an offense:
435	437		(A) under Section 20A.02, [or] 20A.03, [or]
436	438		49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code;
437	439		(B) under Section 49.04 or 49.06, Penal Code,
438	440		and, at the time of the offense:
439	441		(i) the defendant held a commercial
440	442		driver's license or a commercial learner's permit; or
441	443		(ii) the defendant's alcohol concentration,
442	444		as defined by Section 49.01, Penal Code, was 0.15 or more;
443	445		(C) for which punishment may be increased under
444	446		Section 49.09, Penal Code; [or]
445	447		(D) for which punishment may be increased under
446	448		Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
447	449		is shown that the defendant has been previously convicted of an
448	450		offense for which punishment was increased under any one of those
449	451		subsections; or
450	452		(E) under Section 481.1123, Health and Safety
451	453		Code, that is punishable under Subsection (d), (e), or (f) of that
452	454		section;
453	455		(2) the defendant:
454	456		(A) is charged with an offense under Section
455	457		21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
456	458		the age of the victim, or a felony described by Article 42A.453(b),
457	459		other than a felony described by Subdivision (1)(A) or (3)(B) of
458	460		this subsection; and
459	461		(B) has previously been placed on community
460	462		supervision for an offense under Paragraph (A);
461	463		(3) the defendant is charged with an offense under:
462	464		(A) Section 21.02, Penal Code; or
463	465		(B) Section 22.021, Penal Code, that is
464	466		punishable under Subsection (f) of that section or under Section
465	467		12.42(c)(3) or (4), Penal Code; or
466	468		(4) the defendant is charged with an offense under
467	469		Section 19.02, Penal Code, except that the judge may grant deferred
468	470		adjudication community supervision on determining that the
469	471		defendant did not cause the death of the deceased, did not intend to
470	472		kill the deceased or another, and did not anticipate that a human
471	473		life would be taken.
472	474		SECTION 16. Section 508.149(a), Government Code, is amended
473	475		to read as follows:
474	476		(a) An inmate may not be released to mandatory supervision
475	477		if the inmate is serving a sentence for or has been previously
476	478		convicted of:
477	479		(1) an offense for which the judgment contains an
478	480		affirmative finding under Article 42A.054(c) or (d), Code of
479	481		Criminal Procedure;
480	482		(2) a first degree felony or a second degree felony
481	483		under Section 19.02, Penal Code;
482	484		(3) a capital felony under Section 19.03, Penal Code;
483	485		(4) a first degree felony or a second degree felony
484	486		under Section 20.04, Penal Code;
485	487		(5) an offense under Section 21.11, Penal Code;
486	488		(6) a felony under Section 22.011, Penal Code;
487	489		(7) a first degree felony or a second degree felony
488	490		under Section 22.02, Penal Code;
489	491		(8) a first degree felony under Section 22.021, Penal
490	492		Code;
491	493		(9) a first degree felony under Section 22.04, Penal
492	494		Code;
493	495		(10) a first degree felony under Section 28.02, Penal
494	496		Code;
495	497		(11) a second degree felony under Section 29.02, Penal
496	498		Code;
497	499		(12) a first degree felony under Section 29.03, Penal
498	500		Code;
499	501		(13) a first degree felony under Section 30.02, Penal
500	502		Code;
501	503		(14) a felony for which the punishment is increased
502	504		under Section 481.134 or Section 481.140, Health and Safety Code;
503	505		(15) an offense under Section 43.25, Penal Code;
504	506		(16) an offense under Section 21.02, Penal Code;
505	507		(17) a first degree felony under Section 15.03, Penal
506	508		Code;
507	509		(18) an offense under Section 43.05, Penal Code;
508	510		(19) an offense under Section 20A.02, Penal Code;
509	511		(20) an offense under Section 20A.03, Penal Code; [or]
510	512		(21) a first degree felony under Section 71.02 or
511	513		71.023, Penal Code; or
512	514		(22) an offense under Section 481.1123, Health and
513	515		Safety Code, punished under Subsection (d), (e), or (f) of that
514	516		section.
515	517		SECTION 17. Section 161.042(a), Health and Safety Code, is
516	518		amended to read as follows:
517	519		(a) A physician who attends or treats, or who is requested
518	520		to attend or treat, an overdose of a controlled substance listed in
519	521		Penalty Group 1 under Section 481.102 or a controlled substance
520	522		listed in Penalty Group 1-B under Section 481.1022, or the
521	523		administrator, superintendent, or other person in charge of a
522	524		hospital, sanitorium, or other institution in which an overdose of
523	525		a controlled substance listed in Penalty Group 1 under Section
524	526		481.102 or a controlled substance listed in Penalty Group 1-B under
525	527		Section 481.1022 is attended or treated or in which the attention or
526	528		treatment is requested, shall report the case at once to the
527	529		department.
528	530		SECTION 18. Sections 551.003(11) and (12), Occupations
529	531		Code, are amended to read as follows:
530	532		(11) "Controlled substance" means a substance,
531	533		including a drug:
532	534		(A) listed in Schedule I, II, III, IV, or V, as
533	535		established by the commissioner of public health under Chapter 481,
534	536		Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2, 3, or 4,
535	537		Chapter 481; or
536	538		(B) included in Schedule I, II, III, IV, or V of
537	539		the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
538	540		U.S.C. Section 801 et seq.).
539	541		(12) "Dangerous drug" means a drug or device that:
540	542		(A) is not included in Penalty Group 1, 1-B, 2, 3,
541	543		or 4, Chapter 481, Health and Safety Code, and is unsafe for
542	544		self-medication; or
543	545		(B) bears or is required to bear the legend:
544	546		(i) "Caution: federal law prohibits
545	547		dispensing without prescription" or "Rx only" or another legend
546	548		that complies with federal law; or
547	549		(ii) "Caution: federal law restricts this
548	550		drug to use by or on the order of a licensed veterinarian."
549	551		SECTION 19. Section 22.041(c-1), Penal Code, is amended to
550	552		read as follows:
551	553		(c-1) For purposes of Subsection (c), it is presumed that a
552	554		person engaged in conduct that places a child in imminent danger of
553	555		death, bodily injury, or physical or mental impairment if:
554	556		(1) the person manufactured, possessed, or in any way
555	557		introduced into the body of any person the controlled substance
556	558		methamphetamine in the presence of the child;
557	559		(2) the person's conduct related to the proximity or
558	560		accessibility of the controlled substance methamphetamine to the
559	561		child and an analysis of a specimen of the child's blood, urine, or
560	562		other bodily substance indicates the presence of methamphetamine in
561	563		the child's body; or
562	564		(3) the person injected, ingested, inhaled, or
563	565		otherwise introduced a controlled substance listed in Penalty Group
564	566		1, Section 481.102, Health and Safety Code, or Penalty Group 1-B,
565	567		Section 481.1022, Health and Safety Code, into the human body when
566	568		the person was not in lawful possession of the substance as defined
567	569		by Section 481.002(24) of that code.
568	570		SECTION 20. Section 71.023(a), Penal Code, is amended to
569	571		read as follows:
570	572		(a) A person commits an offense if the person, as part of the
571	573		identifiable leadership of a criminal street gang, knowingly
572	574		finances, directs, or supervises the commission of, or a conspiracy
573	575		to commit, one or more of the following offenses by members of a
574	576		criminal street gang:
575	577		(1) a felony offense that is listed in Article
576	578		42A.054(a), Code of Criminal Procedure;
577	579		(2) a felony offense for which it is shown that a
578	580		deadly weapon, as defined by Section 1.07, was used or exhibited
579	581		during the commission of the offense or during immediate flight
580	582		from the commission of the offense; or
581	583		(3) an offense that is punishable under Section
582	584		481.112(e) or (f)[, 481.112(f)], 481.1121(b)(4), 481.1123(d), (e),
583	585		or (f), 481.115(f), or 481.120(b)(6), Health and Safety Code.
584	586		SECTION 21. To the extent of any conflict, this Act prevails
585	587		over another Act of the 87th Legislature, Regular Session, 2021,
586	588		relating to nonsubstantive additions to and corrections in enacted
587	589		codes.
588	590		SECTION 22. The change in law made by this Act applies only
589	591		to an offense committed on or after the effective date of this Act.
590	592		An offense committed before the effective date of this Act is
591	593		governed by the law in effect on the date the offense was committed,
592	594		and the former law is continued in effect for that purpose. For
593	595		purposes of this section, an offense was committed before the
594	596		effective date of this Act if any element of the offense occurred
595	597		before that date.
596	598		SECTION 23. The Texas Department of Criminal Justice is
597	599		required to implement this Act only if the legislature appropriates
598	600		money specifically for that purpose. If the legislature does not
599	601		appropriate money specifically for that purpose, the department
600	602		may, but is not required to, implement this Act using other
601	603		appropriations available for the purpose.
602	604		SECTION 24. This Act takes effect September 1, 2021.
603		-	______________________________ ______________________________
604		-	President of the Senate Speaker of the House
605		-	I hereby certify that S.B. No. 768 passed the Senate on
606		-	March 29, 2021, by the following vote: Yeas 30, Nays 1.
607		-	______________________________
608		-	Secretary of the Senate
609		-	I hereby certify that S.B. No. 768 passed the House on
610		-	May 26, 2021, by the following vote: Yeas 130, Nays 12, two
611		-	present not voting.
612		-	______________________________
613		-	Chief Clerk of the House
614		-	Approved:
615		-	______________________________
616		-	Date
617		-	______________________________
618		-	Governor