| 1 | 1 | | By: Murr, Cook, et al. H.B. No. 178 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to testing possible controlled substance evidence for a |
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| 7 | 7 | | controlled substance included in Penalty Group 1-B. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Article 38.51 to read as follows: |
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| 11 | 11 | | Art. 38.51. EVIDENCE TESTING FOR CONTROLLED SUBSTANCES. If |
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| 12 | 12 | | evidence that may be a controlled substance is submitted to a |
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| 13 | 13 | | laboratory for testing and it is reasonably possible that the |
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| 14 | 14 | | substance is or contains a controlled substance included in Penalty |
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| 15 | 15 | | Group 1-B under Section 481.1022, Health and Safety Code, a test |
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| 16 | 16 | | must be performed following validated laboratory procedures and |
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| 17 | 17 | | sampling protocols to determine whether the substance is or |
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| 18 | 18 | | contains a controlled substance included in Penalty Group 1-B. |
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| 19 | 19 | | SECTION 2. The change in law made by this Act applies only |
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| 20 | 20 | | to evidence submitted for testing on or after the effective date of |
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| 21 | 21 | | this Act. |
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| 22 | 22 | | SECTION 3. This Act takes effect September 1, 2023. |
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