| 1 | 1 | | 88R670 MCF-D |
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| 2 | 2 | | By: Campos H.B. No. 1365 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to equipment used or intended for use in testing or |
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| 8 | 8 | | analyzing a controlled substance. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 481.002(17), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (17) "Drug paraphernalia" means equipment, a product, |
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| 13 | 13 | | or material that is used or intended for use in planting, |
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| 14 | 14 | | propagating, cultivating, growing, harvesting, manufacturing, |
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| 15 | 15 | | compounding, converting, producing, processing, preparing, |
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| 16 | 16 | | [testing, analyzing,] packaging, repackaging, storing, containing, |
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| 17 | 17 | | or concealing a controlled substance in violation of this chapter |
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| 18 | 18 | | or in injecting, ingesting, inhaling, or otherwise introducing into |
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| 19 | 19 | | the human body a controlled substance in violation of this chapter. |
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| 20 | 20 | | The term includes: |
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| 21 | 21 | | (A) a kit used or intended for use in planting, |
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| 22 | 22 | | propagating, cultivating, growing, or harvesting a species of plant |
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| 23 | 23 | | that is a controlled substance or from which a controlled substance |
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| 24 | 24 | | may be derived; |
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| 25 | 25 | | (B) a material, compound, mixture, preparation, |
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| 26 | 26 | | or kit used or intended for use in manufacturing, compounding, |
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| 27 | 27 | | converting, producing, processing, or preparing a controlled |
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| 28 | 28 | | substance; |
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| 29 | 29 | | (C) an isomerization device used or intended for |
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| 30 | 30 | | use in increasing the potency of a species of plant that is a |
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| 31 | 31 | | controlled substance; |
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| 32 | 32 | | (D) [testing equipment used or intended for use |
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| 33 | 33 | | in identifying or in analyzing the strength, effectiveness, or |
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| 34 | 34 | | purity of a controlled substance; |
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| 35 | 35 | | [(E)] a scale or balance used or intended for use |
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| 36 | 36 | | in weighing or measuring a controlled substance; |
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| 37 | 37 | | (E) [(F)] a dilutant or adulterant, such as |
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| 38 | 38 | | quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, |
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| 39 | 39 | | lactose, or absorbent, blotter-type material, that is used or |
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| 40 | 40 | | intended to be used to increase the amount or weight of or to |
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| 41 | 41 | | transfer a controlled substance regardless of whether the dilutant |
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| 42 | 42 | | or adulterant diminishes the efficacy of the controlled substance; |
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| 43 | 43 | | (F) [(G)] a separation gin or sifter used or |
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| 44 | 44 | | intended for use in removing twigs and seeds from or in otherwise |
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| 45 | 45 | | cleaning or refining marihuana; |
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| 46 | 46 | | (G) [(H)] a blender, bowl, container, spoon, or |
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| 47 | 47 | | mixing device used or intended for use in compounding a controlled |
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| 48 | 48 | | substance; |
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| 49 | 49 | | (H) [(I)] a capsule, balloon, envelope, or other |
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| 50 | 50 | | container used or intended for use in packaging small quantities of |
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| 51 | 51 | | a controlled substance; |
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| 52 | 52 | | (I) [(J)] a container or other object used or |
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| 53 | 53 | | intended for use in storing or concealing a controlled substance; |
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| 54 | 54 | | (J) [(K)] a hypodermic syringe, needle, or other |
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| 55 | 55 | | object used or intended for use in parenterally injecting a |
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| 56 | 56 | | controlled substance into the human body; and |
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| 57 | 57 | | (K) [(L)] an object used or intended for use in |
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| 58 | 58 | | ingesting, inhaling, or otherwise introducing marihuana, cocaine, |
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| 59 | 59 | | hashish, or hashish oil into the human body, including: |
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| 60 | 60 | | (i) a metal, wooden, acrylic, glass, stone, |
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| 61 | 61 | | plastic, or ceramic pipe with or without a screen, permanent |
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| 62 | 62 | | screen, hashish head, or punctured metal bowl; |
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| 63 | 63 | | (ii) a water pipe; |
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| 64 | 64 | | (iii) a carburetion tube or device; |
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| 65 | 65 | | (iv) a smoking or carburetion mask; |
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| 66 | 66 | | (v) a chamber pipe; |
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| 67 | 67 | | (vi) a carburetor pipe; |
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| 68 | 68 | | (vii) an electric pipe; |
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| 69 | 69 | | (viii) an air-driven pipe; |
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| 70 | 70 | | (ix) a chillum; |
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| 71 | 71 | | (x) a bong; or |
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| 72 | 72 | | (xi) an ice pipe or chiller. |
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| 73 | 73 | | SECTION 2. Sections 481.125(a) and (b), Health and Safety |
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| 74 | 74 | | Code, are amended to read as follows: |
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| 75 | 75 | | (a) A person commits an offense if the person knowingly or |
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| 76 | 76 | | intentionally uses or possesses with intent to use drug |
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| 77 | 77 | | paraphernalia to plant, propagate, cultivate, grow, harvest, |
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| 78 | 78 | | manufacture, compound, convert, produce, process, prepare, [test, |
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| 79 | 79 | | analyze,] pack, repack, store, contain, or conceal a controlled |
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| 80 | 80 | | substance in violation of this chapter or to inject, ingest, |
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| 81 | 81 | | inhale, or otherwise introduce into the human body a controlled |
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| 82 | 82 | | substance in violation of this chapter. |
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| 83 | 83 | | (b) A person commits an offense if the person knowingly or |
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| 84 | 84 | | intentionally delivers, possesses with intent to deliver, or |
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| 85 | 85 | | manufactures with intent to deliver drug paraphernalia knowing that |
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| 86 | 86 | | the person who receives or who is intended to receive the drug |
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| 87 | 87 | | paraphernalia intends that it be used to plant, propagate, |
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| 88 | 88 | | cultivate, grow, harvest, manufacture, compound, convert, produce, |
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| 89 | 89 | | process, prepare, [test, analyze,] pack, repack, store, contain, or |
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| 90 | 90 | | conceal a controlled substance in violation of this chapter or to |
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| 91 | 91 | | inject, ingest, inhale, or otherwise introduce into the human body |
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| 92 | 92 | | a controlled substance in violation of this chapter. |
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| 93 | 93 | | SECTION 3. The change in law made by this Act applies only |
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| 94 | 94 | | to an offense committed on or after the effective date of this |
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| 95 | 95 | | Act. An offense committed before the effective date of this Act is |
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| 96 | 96 | | governed by the law in effect at the time the offense was committed, |
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| 97 | 97 | | and the former law is continued in effect for that purpose. For |
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| 98 | 98 | | purposes of this section, an offense was committed before the |
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| 99 | 99 | | effective date of this Act if any element of the offense occurred |
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| 100 | 100 | | before that date. |
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| 101 | 101 | | SECTION 4. This Act takes effect September 1, 2023. |
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