Texas 2023 - 88th Regular

Texas House Bill HB218 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12086 JSC-D
2	2	By: Moody, Dutton, Geren, Anchía, Cain, H.B. No. 218
3	3	et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the criminal and licensing consequences of certain
9	9	offenses relating to the possession of marihuana, certain
10	10	tetrahydrocannabinols, certain synthetic cannabinoids, and drug
11	11	paraphernalia; imposing a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 14.06, Code of Criminal Procedure, is
14	14	amended by adding Subsections (b-1) and (b-2) and amending
15	15	Subsection (d) to read as follows:
16	16	(b-1) A peace officer who is charging a person with
17	17	committing an offense under Section 481.1161(b)(1), 481.121(b)(1),
18	18	or 481.125(a), Health and Safety Code, may not arrest the person and
19	19	shall issue the person a citation as provided by Subsection (b).
20	20	(b-2) Subsection (b-1) does not apply to an officer making
21	21	an arrest for an offense other than an offense under Section
22	22	481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
23	23	Code.
24	24	(d) Subsection (c) applies only to a person charged with
25	25	committing an offense under:
26	26	(1) Section 481.121, Health and Safety Code, if the
27	27	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
28	28	that section;
29	29	(1-a) Section 481.1161, Health and Safety Code, if the
30	30	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
31	31	that section;
32	32	(2) Section 28.03, Penal Code, if the offense is
33	33	punishable under Subsection (b)(2) of that section;
34	34	(3) Section 28.08, Penal Code, if the offense is
35	35	punishable under Subsection (b)(2) or (3) of that section;
36	36	(4) Section 31.03, Penal Code, if the offense is
37	37	punishable under Subsection (e)(2)(A) of that section;
38	38	(5) Section 31.04, Penal Code, if the offense is
39	39	punishable under Subsection (e)(2) of that section;
40	40	(6) Section 38.114, Penal Code, if the offense is
41	41	punishable as a Class B misdemeanor; or
42	42	(7) Section 521.457, Transportation Code.
43	43	SECTION 2. Subchapter B, Chapter 45, Code of Criminal
44	44	Procedure, is amended by adding Article 45.02161 to read as
45	45	follows:
46	46	Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This
47	47	article applies only to a person charged with an offense under
48	48	Section 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and
49	49	Safety Code.
50	50	(b) Records of a person relating to a complaint may be
51	51	expunged under this article if:
52	52	(1) the complaint was dismissed under Article 45.051
53	53	or 45.052 or other law and:
54	54	(A) at least 180 days have elapsed from the date
55	55	of the dismissal; or
56	56	(B) at least one year has elapsed from the date of
57	57	the citation; or
58	58	(2) the person was acquitted of the offense.
59	59	(c) The person must make a written request to have the
60	60	records expunged. The request must be under oath.
61	61	(d) The court shall order all complaints, verdicts,
62	62	sentences, and prosecutorial and law enforcement records and any
63	63	other documents relating to the offense expunged from the person's
64	64	record if the court finds that the person satisfies the
65	65	requirements of this article.
66	66	(e) The justice or municipal court shall require a person
67	67	who requests expungement under this article to pay a fee in the
68	68	amount of $30 to defray the cost of notifying state agencies of
69	69	orders of expungement under this article.
70	70	(f) The procedures for expunction provided under this
71	71	article are separate and distinct from the expunction procedures
72	72	under Chapter 55.
73	73	SECTION 3. Article 45.051, Code of Criminal Procedure, is
74	74	amended by adding Subsections (a-2) and (e-1) to read as follows:
75	75	(a-2) Unless the defendant has previously received a
76	76	deferral of disposition for an offense under Section
77	77	481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
78	78	Code, committed within the 12-month period preceding the date of
79	79	the commission of the instant offense, on plea of guilty or nolo
80	80	contendere for either offense, the judge shall defer further
81	81	proceedings without entering an adjudication of guilt and place the
82	82	defendant on probation under the provisions of this article.
83	83	(e-1) A court that dismisses a complaint under this article
84	84	for a person charged with an offense under Section 481.1161(b)(1),
85	85	481.121(b)(1), or 481.125(a), Health and Safety Code, shall notify
86	86	the defendant in writing of the person's expunction rights under
87	87	Article 45.02161 and provide the person with a copy of that article.
88	88	The dismissed complaint is not a conviction and may not be used
89	89	against the person for any purpose.
90	90	SECTION 4. Section 411.0728(a), Government Code, is amended
91	91	to read as follows:
92	92	(a) This section applies only to a person:
93	93	(1) who is convicted of or placed on deferred
94	94	adjudication community supervision for an offense under:
95	95	(A) Section 481.1161, Health and Safety Code, if
96	96	the offense is punishable under Subsection (b)(1-a);
97	97	(B) Section 481.120, Health and Safety Code, if
98	98	the offense is punishable under Subsection (b)(1);
99	99	(C) [(B)] Section 481.121, Health and Safety
100	100	Code, if the offense is punishable under Subsection (b)(1-a)
101	101	[(b)(1)];
102	102	(D) [(C)] Section 31.03, Penal Code, if the
103	103	offense is punishable under Subsection (e)(1) or (2); or
104	104	(E) [(D)] Section 43.02, Penal Code; and
105	105	(2) who, if requested by the applicable law
106	106	enforcement agency or prosecuting attorney to provide assistance in
107	107	the investigation or prosecution of an offense under Section
108	108	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
109	109	containing elements that are substantially similar to the elements
110	110	of an offense under any of those sections:
111	111	(A) provided assistance in the investigation or
112	112	prosecution of the offense; or
113	113	(B) did not provide assistance in the
114	114	investigation or prosecution of the offense due to the person's age
115	115	or a physical or mental disability resulting from being a victim of
116	116	an offense described by this subdivision.
117	117	SECTION 5. Sections 481.002(5) and (6), Health and Safety
118	118	Code, are amended to read as follows:
119	119	(5) "Controlled substance" means a substance,
120	120	including a drug, an adulterant, and a dilutant, listed in
121	121	Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 2-B, 3,
122	122	or 4. The term includes the aggregate weight of any mixture,
123	123	solution, or other substance containing a controlled substance.
124	124	The term does not include hemp, as defined by Section 121.001,
125	125	Agriculture Code, or the tetrahydrocannabinols in hemp.
126	126	(6) "Controlled substance analogue" means:
127	127	(A) a substance with a chemical structure
128	128	substantially similar to the chemical structure of a controlled
129	129	substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, [or]
130	130	2-A, or 2-B; or
131	131	(B) a substance specifically designed to produce
132	132	an effect substantially similar to, or greater than, the effect of a
133	133	controlled substance in Schedule I or II or Penalty Group 1, 1-A,
134	134	1-B, 2, [or] 2-A, or 2-B.
135	135	SECTION 6. Section 481.103(a), Health and Safety Code, is
136	136	amended to read as follows:
137	137	(a) Penalty Group 2 consists of:
138	138	(1) any quantity of the following hallucinogenic
139	139	substances, their salts, isomers, and salts of isomers, unless
140	140	specifically excepted, if the existence of these salts, isomers,
141	141	and salts of isomers is possible within the specific chemical
142	142	designation:
143	143	5-(2-aminopropyl)benzofuran (5-APB);
144	144	6-(2-aminopropyl)benzofuran (6-APB);
145	145	5-(2-aminopropyl)-2,3-dihydrobenzofuran
146	146	(5-APDB);
147	147	6-(2-aminopropyl)-2,3-dihydrobenzofuran
148	148	(6-APDB);
149	149	5-(2-aminopropyl)indole (5-IT,5-API);
150	150	6-(2-aminopropyl)indole (6-IT,6-API);
151	151	1-(benzofuran-5-yl)-N-methylpropan-2-amine
152	152	(5-MAPB);
153	153	1-(benzofuran-6-yl)-N-methylpropan-2-amine
154	154	(6-MAPB);
155	155	Benzothiophenylcyclohexylpiperidine (BTCP);
156	156	8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
157	157	4-ethanamine (trade or other name: Bromo-DragonFLY);
158	158	Desoxypipradrol (2-benzhydrylpiperidine);
159	159	2, 5-dimethoxyamphetamine (some trade or other
160	160	names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
161	161	Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
162	162	methanol, D2PM);
163	163	Dronabinol (synthetic) in sesame oil and
164	164	encapsulated in a soft gelatin capsule in a U.S. Food and Drug
165	165	Administration approved drug product (some trade or other names for
166	166	Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
167	167	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
168	168	(trans)- tetrahydrocannabinol);
169	169	Ethylamine Analog of Phencyclidine (some trade or
170	170	other names: N-ethyl-1-phenylcyclohexylamine, (1-
171	171	phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
172	172	cyclohexamine, PCE);
173	173	2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
174	174	(trade or other name: methoxetamine);
175	175	Ibogaine (some trade or other names: 7-Ethyl-6,
176	176	6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
177	177	pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
178	178	5-iodo-2-aminoindane (5-IAI);
179	179	Mescaline;
180	180	5-methoxy-3, 4-methylenedioxy amphetamine;
181	181	4-methoxyamphetamine (some trade or other
182	182	names: 4-methoxy-alpha-methylphenethylamine;
183	183	paramethoxyamphetamine; PMA);
184	184	4-methoxymethamphetamine (PMMA);
185	185	2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
186	186	(some trade and other names: 2-MeO-ketamine; methoxyketamine);
187	187	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
188	188	PPMP);
189	189	4-methyl-2, 5-dimethoxyamphetamine (some trade
190	190	and other names: 4-methyl-2, 5-dimethoxy-alpha-
191	191	methylphenethylamine; "DOM"; "STP");
192	192	3,4-methylenedioxy methamphetamine (MDMA, MDM);
193	193	3,4-methylenedioxy amphetamine;
194	194	3,4-methylenedioxy N-ethylamphetamine (Also
195	195	known as N-ethyl MDA);
196	196	5,6-methylenedioxy-2-aminoindane (MDAI);
197	197	Nabilone (Another name for nabilone: (+)-trans-
198	198	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
199	199	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
200	200	N-benzylpiperazine (some trade or other
201	201	names: BZP; 1-benzylpiperazine);
202	202	N-ethyl-3-piperidyl benzilate;
203	203	N-hydroxy-3,4-methylenedioxyamphetamine (Also
204	204	known as N-hydroxy MDA);
205	205	4-methylaminorex;
206	206	N-methyl-3-piperidyl benzilate;
207	207	Parahexyl (some trade or other names: 3-Hexyl-1-
208	208	hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
209	209	pyran; Synhexyl);
210	210	1-Phenylcyclohexylamine;
211	211	1-Piperidinocyclohexanecarbonitrile (PCC);
212	212	Pyrrolidine Analog of Phencyclidine (some trade
213	213	or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
214	214	[Tetrahydrocannabinols, other than marihuana, and
215	215	synthetic equivalents of the substances contained in the plant, or
216	216	in the resinous extractives of Cannabis, or synthetic substances,
217	217	derivatives, and their isomers with similar chemical structure and
218	218	pharmacological activity such as:
219	219	[delta-1 cis or trans tetrahydrocannabinol,
220	220	and their optical isomers;
221	221	[delta-6 cis or trans tetrahydrocannabinol,
222	222	and their optical isomers;
223	223	[delta-3, 4 cis or trans
224	224	tetrahydrocannabinol, and its optical isomers; or
225	225	[compounds of these structures, regardless
226	226	of numerical designation of atomic positions, since nomenclature of
227	227	these substances is not internationally standardized;]
228	228	Thiophene Analog of Phencyclidine (some trade or
229	229	other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
230	230	Analog of Phencyclidine; TPCP, TCP);
231	231	1-pyrrolidine (some trade or other name: TCPy);
232	232	1-(3-trifluoromethylphenyl)piperazine (trade or
233	233	other name: TFMPP); and
234	234	3,4,5-trimethoxy amphetamine;
235	235	(2) Phenylacetone (some trade or other
236	236	names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
237	237	ketone);
238	238	(3) unless specifically excepted or unless listed in
239	239	another Penalty Group, a material, compound, mixture, or
240	240	preparation that contains any quantity of the following substances
241	241	having a potential for abuse associated with a depressant or
242	242	stimulant effect on the central nervous system:
243	243	Aminorex (some trade or other
244	244	names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
245	245	phenyl-2-oxazolamine);
246	246	Amphetamine, its salts, optical isomers, and
247	247	salts of optical isomers;
248	248	Cathinone (some trade or other names: 2-amino-1-
249	249	phenyl-1-propanone, alpha-aminopropiophenone, 2-
250	250	aminopropiophenone);
251	251	Etaqualone and its salts;
252	252	Etorphine Hydrochloride;
253	253	Fenethylline and its salts;
254	254	Lisdexamfetamine, including its salts, isomers,
255	255	and salts of isomers;
256	256	Mecloqualone and its salts;
257	257	Methaqualone and its salts;
258	258	Methcathinone (some trade or other names: 2-
259	259	methylamino-propiophenone; alpha-(methylamino)propriophenone;
260	260	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
261	261	methylaminopropriophenone; monomethylpropion; ephedrone, N-
262	262	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
263	263	1431);
264	264	N-Ethylamphetamine, its salts, optical isomers,
265	265	and salts of optical isomers; and
266	266	N,N-dimethylamphetamine (some trade or other
267	267	names: N,N,alpha-trimethylbenzeneethanamine;
268	268	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
269	269	and salts of optical isomers;
270	270	(4) any compound structurally derived from
271	271	2-aminopropanal by substitution at the 1-position with any
272	272	monocyclic or fused-polycyclic ring system, including:
273	273	(A) compounds further modified by:
274	274	(i) substitution in the ring system to any
275	275	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
276	276	halide substituents), whether or not further substituted in the
277	277	ring system by other substituents;
278	278	(ii) substitution at the 3-position with an
279	279	alkyl substituent; or
280	280	(iii) substitution at the 2-amino nitrogen
281	281	atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
282	282	inclusion of the 2-amino nitrogen atom in a cyclic structure; and
283	283	(B) by example, compounds such as:
284	284	4-Methylmethcathinone (Also known as
285	285	Mephedrone);
286	286	3,4-Dimethylmethcathinone (Also known as
287	287	3,4-DMMC);
288	288	3-Fluoromethcathinone (Also known as 3-FMC);
289	289	4-Fluoromethcathinone (Also known as
290	290	Flephedrone);
291	291	3,4-Methylenedioxy-N-methylcathinone (Also
292	292	known as Methylone);
293	293	3,4-Methylenedioxypyrovalerone (Also known
294	294	as MDPV);
295	295	alpha-Pyrrolidinopentiophenone (Also known
296	296	as alpha-PVP);
297	297	Naphthylpyrovalerone (Also known as
298	298	Naphyrone);
299	299	alpha-Methylamino-valerophenone (Also known
300	300	as Pentedrone);
301	301	beta-Keto-N-methylbenzodioxolylpropylamine
302	302	(Also known as Butylone);
303	303	beta-Keto-N-methylbenzodioxolylpentanamine
304	304	(Also known as Pentylone);
305	305	beta-Keto-Ethylbenzodioxolylbutanamine
306	306	(Also known as Eutylone); and
307	307	3,4-methylenedioxy-N-ethylcathinone (Also
308	308	known as Ethylone);
309	309	(5) any compound structurally derived from tryptamine
310	310	(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
311	311	(A) by modification in any of the following ways:
312	312	(i) by substitution at the amine nitrogen
313	313	atom of the sidechain to any extent with alkyl or alkenyl groups or
314	314	by inclusion of the amine nitrogen atom of the side chain (and no
315	315	other atoms of the side chain) in a cyclic structure;
316	316	(ii) by substitution at the carbon atom
317	317	adjacent to the nitrogen atom of the side chain (alpha-position)
318	318	with an alkyl or alkenyl group;
319	319	(iii) by substitution in the 6-membered
320	320	ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
321	321	alkylenedioxy, or halide substituents; or
322	322	(iv) by substitution at the 2-position of
323	323	the tryptamine ring system with an alkyl substituent; and
324	324	(B) including:
325	325	(i) ethers and esters of the controlled
326	326	substances listed in this subdivision; and
327	327	(ii) by example, compounds such as:
328	328	alpha-ethyltryptamine;
329	329	alpha-methyltryptamine;
330	330	Bufotenine (some trade and other names:
331	331	3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
332	332	3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
333	333	5-hydroxy-N, N- dimethyltryptamine; mappine);
334	334	Diethyltryptamine (some trade and
335	335	other names: N, N-Diethyltryptamine, DET);
336	336	Dimethyltryptamine (trade or other
337	337	name: DMT);
338	338	5-methoxy-N, N-diisopropyltryptamine
339	339	(5-MeO-DiPT);
340	340	O-Acetylpsilocin (Trade or other name:
341	341	4-Aco-DMT);
342	342	Psilocin; and
343	343	Psilocybin;
344	344	(6) 2,5-Dimethoxyphenethylamine and any compound
345	345	structurally derived from 2,5-Dimethoxyphenethylamine by
346	346	substitution at the 4-position of the phenyl ring to any extent
347	347	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
348	348	substituents), including, by example, compounds such as:
349	349	4-Bromo-2,5-dimethoxyphenethylamine (trade or
350	350	other name: 2C-B);
351	351	4-Chloro-2,5-dimethoxyphenethylamine (trade or
352	352	other name: 2C-C);
353	353	2,5-Dimethoxy-4-methylphenethylamine (trade or
354	354	other name: 2C-D);
355	355	4-Ethyl-2,5-dimethoxyphenethylamine (trade or
356	356	other name: 2C-E);
357	357	4-Iodo-2,5-dimethoxyphenethylamine (trade or
358	358	other name: 2C-I);
359	359	2,5-Dimethoxy-4-nitrophenethylamine (trade or
360	360	other name: 2C-N);
361	361	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
362	362	or other name: 2C-P);
363	363	4-Ethylthio-2,5-dimethoxyphenethylamine (trade
364	364	or other name: 2C-T-2);
365	365	4-Isopropylthio-2,5-dimethoxyphenethylamine
366	366	(trade or other name: 2C-T-4); and
367	367	2,5-Dimethoxy-4-(n)-propylthiophenethylamine
368	368	(trade or other name: 2C-T-7); and
369	369	(7) 2,5-Dimethoxyamphetamine and any compound
370	370	structurally derived from 2,5-Dimethoxyamphetamine by substitution
371	371	at the 4-position of the phenyl ring to any extent (including alkyl,
372	372	alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
373	373	including, by example, compounds such as:
374	374	4-Ethylthio-2,5-dimethoxyamphetamine (trade or
375	375	other name: Aleph-2);
376	376	4-Isopropylthio-2,5-dimethoxyamphetamine (trade
377	377	or other name: Aleph-4);
378	378	4-Bromo-2,5-dimethoxyamphetamine (trade or other
379	379	name: DOB);
380	380	4-Chloro-2,5-dimethoxyamphetamine (trade or
381	381	other name: DOC);
382	382	2,5-Dimethoxy-4-ethylamphetamine (trade or other
383	383	name: DOET);
384	384	4-Iodo-2,5-dimethoxyamphetamine (trade or other
385	385	name: DOI);
386	386	2,5-Dimethoxy-4-methylamphetamine (trade or
387	387	other name: DOM);
388	388	2,5-Dimethoxy-4-nitroamphetamine (trade or other
389	389	name: DON);
390	390	4-Isopropyl-2,5-dimethoxyamphetamine (trade or
391	391	other name: DOIP); and
392	392	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
393	393	other name: DOPR).
394	394	SECTION 7. Subchapter D, Chapter 481, Health and Safety
395	395	Code, is amended by adding Section 481.1032 to read as follows:
396	396	Sec. 481.1032. PENALTY GROUP 2-B. (a) Penalty Group 2-B
397	397	consists of any quantity of the following substances, their salts,
398	398	isomers, and salts of isomers, unless specifically excepted, if the
399	399	existence of these salts, isomers, and salts of isomers is possible
400	400	within the specific chemical designation:
401	401	Tetrahydrocannabinols, other than marihuana, and
402	402	synthetic equivalents of the substances contained in the plant, or
403	403	in the resinous extractives of Cannabis, or synthetic substances,
404	404	derivatives, and their isomers with similar chemical structure and
405	405	pharmacological activity such as:
406	406	delta-1 cis or trans tetrahydrocannabinol, and
407	407	their optical isomers;
408	408	delta-6 cis or trans tetrahydrocannabinol, and
409	409	their optical isomers;
410	410	delta-3, 4 cis or trans tetrahydrocannabinol, and
411	411	their optical isomers; or
412	412	compounds of these structures, regardless of
413	413	numerical designation of atomic positions, since nomenclature of
414	414	these substances is not internationally standardized.
415	415	(b) For the purposes of this section, the term "isomer"
416	416	includes an optical, position, or geometric isomer.
417	417	SECTION 8. Section 481.106, Health and Safety Code, is
418	418	amended to read as follows:
419	419	Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
420	420	ANALOGUE. For the purposes of the prosecution of an offense under
421	421	this subchapter involving the manufacture, delivery, or possession
422	422	of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, [and] 2-A,
423	423	and 2-B include a controlled substance analogue that:
424	424	(1) has a chemical structure substantially similar to
425	425	the chemical structure of a controlled substance listed in the
426	426	applicable penalty group; or
427	427	(2) is specifically designed to produce an effect
428	428	substantially similar to, or greater than, a controlled substance
429	429	listed in the applicable penalty group.
430	430	SECTION 9. The heading to Section 481.113, Health and
431	431	Safety Code, is amended to read as follows:
432	432	Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE
433	433	IN PENALTY GROUP 2, [OR] 2-A, OR 2-B.
434	434	SECTION 10. Section 481.113(a), Health and Safety Code, is
435	435	amended to read as follows:
436	436	(a) Except as authorized by this chapter, a person commits
437	437	an offense if the person knowingly manufactures, delivers, or
438	438	possesses with intent to deliver a controlled substance listed in
439	439	Penalty Group 2, [or] 2-A, or 2-B.
440	440	SECTION 11. Section 481.115(h), Health and Safety Code, is
441	441	amended to read as follows:
442	442	(h) The defense to prosecution provided by Subsection (g) is
443	443	not available if:
444	444	(1) at the time the request for emergency medical
445	445	assistance was made:
446	446	(A) a peace officer was in the process of
447	447	arresting the actor or executing a search warrant describing the
448	448	actor or the place from which the request for medical assistance was
449	449	made; or
450	450	(B) the actor is committing another offense,
451	451	other than an offense punishable under Section 481.1151(b)(1),
452	452	481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
453	453	or 481.121(b)(1), (1-a), or (2), or an offense under Section
454	454	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
455	455	(2) the actor has been previously convicted of or
456	456	placed on deferred adjudication community supervision for an
457	457	offense under this chapter or Chapter 483 or 485;
458	458	(3) the actor was acquitted in a previous proceeding
459	459	in which the actor successfully established the defense under that
460	460	subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
461	461	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
462	462	483.041(e), or 485.031(c); or
463	463	(4) at any time during the 18-month period preceding
464	464	the date of the commission of the instant offense, the actor
465	465	requested emergency medical assistance in response to the possible
466	466	overdose of the actor or another person.
467	467	SECTION 12. Section 481.1151(d), Health and Safety Code, is
468	468	amended to read as follows:
469	469	(d) The defense to prosecution provided by Subsection (c) is
470	470	not available if:
471	471	(1) at the time the request for emergency medical
472	472	assistance was made:
473	473	(A) a peace officer was in the process of
474	474	arresting the actor or executing a search warrant describing the
475	475	actor or the place from which the request for medical assistance was
476	476	made; or
477	477	(B) the actor is committing another offense,
478	478	other than an offense punishable under Section 481.115(b),
479	479	481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
480	480	or 481.121(b)(1), (1-a), or (2), or an offense under Section
481	481	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
482	482	(2) the actor has been previously convicted of or
483	483	placed on deferred adjudication community supervision for an
484	484	offense under this chapter or Chapter 483 or 485;
485	485	(3) the actor was acquitted in a previous proceeding
486	486	in which the actor successfully established the defense under that
487	487	subsection or Section 481.115(g), 481.116(f), 481.1161(c),
488	488	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
489	489	483.041(e), or 485.031(c); or
490	490	(4) at any time during the 18-month period preceding
491	491	the date of the commission of the instant offense, the actor
492	492	requested emergency medical assistance in response to
493	493	the possible overdose of the actor or another person.
494	494	SECTION 13. Section 481.116(g), Health and Safety Code, is
495	495	amended to read as follows:
496	496	(g) The defense to prosecution provided by Subsection (f) is
497	497	not available if:
498	498	(1) at the time the request for emergency medical
499	499	assistance was made:
500	500	(A) a peace officer was in the process of
501	501	arresting the actor or executing a search warrant describing the
502	502	actor or the place from which the request for medical assistance was
503	503	made; or
504	504	(B) the actor is committing another offense,
505	505	other than an offense punishable under Section 481.115(b),
506	506	481.1151(b)(1), 481.1161(b)(1), (1-a), or (2), 481.117(b),
507	507	481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
508	508	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
509	509	(2) the actor has been previously convicted of or
510	510	placed on deferred adjudication community supervision for an
511	511	offense under this chapter or Chapter 483 or 485;
512	512	(3) the actor was acquitted in a previous proceeding
513	513	in which the actor successfully established the defense under that
514	514	subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
515	515	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
516	516	483.041(e), or 485.031(c); or
517	517	(4) at any time during the 18-month period preceding
518	518	the date of the commission of the instant offense, the actor
519	519	requested emergency medical assistance in response to
520	520	the possible overdose of the actor or another person.
521	521	SECTION 14. The heading to Section 481.1161, Health and
522	522	Safety Code, is amended to read as follows:
523	523	Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
524	524	GROUP 2-A OR 2-B.
525	525	SECTION 15. Sections 481.1161(a), (b), (c), and (d), Health
526	526	and Safety Code, are amended to read as follows:
527	527	(a) Except as authorized by this chapter, a person commits
528	528	an offense if the person knowingly possesses a controlled substance
529	529	listed in Penalty Group 2-A or 2-B, unless the person obtained the
530	530	substance directly from or under a valid prescription or order of a
531	531	practitioner acting in the course of professional practice.
532	532	(b) An offense under this section is:
533	533	(1) a Class C misdemeanor if the amount of the
534	534	controlled substance possessed is, by aggregate weight, including
535	535	adulterants or dilutants, one ounce or less;
536	536	(1-a) a Class B misdemeanor if the amount of the
537	537	controlled substance possessed is, by aggregate weight, including
538	538	adulterants or dilutants, two ounces or less but more than one
539	539	ounce;
540	540	(2) a Class A misdemeanor if the amount of the
541	541	controlled substance possessed is, by aggregate weight, including
542	542	adulterants or dilutants, four ounces or less but more than two
543	543	ounces;
544	544	(3) a state jail felony if the amount of the controlled
545	545	substance possessed is, by aggregate weight, including adulterants
546	546	or dilutants, five pounds or less but more than four ounces;
547	547	(4) a felony of the third degree if the amount of the
548	548	controlled substance possessed is, by aggregate weight, including
549	549	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
550	550	(5) a felony of the second degree if the amount of the
551	551	controlled substance possessed is, by aggregate weight, including
552	552	adulterants or dilutants, 2,000 pounds or less but more than 50
553	553	pounds; and
554	554	(6) punishable by imprisonment in the Texas Department
555	555	of Criminal Justice for life or for a term of not more than 99 years
556	556	or less than 5 years, and a fine not to exceed $50,000, if the amount
557	557	of the controlled substance possessed is, by aggregate weight,
558	558	including adulterants or dilutants, more than 2,000 pounds.
559	559	(c) It is a defense to prosecution for an offense punishable
560	560	under Subsection (b)(1), (1-a), or (2) that the actor:
561	561	(1) was the first person to request emergency medical
562	562	assistance in response to the possible overdose of another person
563	563	and:
564	564	(A) made the request for medical assistance
565	565	during an ongoing medical emergency;
566	566	(B) remained on the scene until the medical
567	567	assistance arrived; and
568	568	(C) cooperated with medical assistance and law
569	569	enforcement personnel; or
570	570	(2) was the victim of a possible overdose for which
571	571	emergency medical assistance was requested, by the actor or by
572	572	another person, during an ongoing medical emergency.
573	573	(d) The defense to prosecution provided by Subsection (c) is
574	574	not available if:
575	575	(1) at the time the request for emergency medical
576	576	assistance was made:
577	577	(A) a peace officer was in the process of
578	578	arresting the actor or executing a search warrant describing the
579	579	actor or the place from which the request for medical assistance was
580	580	made; or
581	581	(B) the actor is committing another offense,
582	582	other than an offense punishable under Section 481.115(b),
583	583	481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
584	584	481.121(b)(1), (1-a), or (2), or an offense under Section
585	585	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
586	586	(2) the actor has been previously convicted of or
587	587	placed on deferred adjudication community supervision for an
588	588	offense under this chapter or Chapter 483 or 485;
589	589	(3) the actor was acquitted in a previous proceeding
590	590	in which the actor successfully established the defense under that
591	591	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
592	592	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
593	593	483.041(e), or 485.031(c); or
594	594	(4) at any time during the 18-month period preceding
595	595	the date of the commission of the instant offense, the actor
596	596	requested emergency medical assistance in response to
597	597	the possible overdose of the actor or another person.
598	598	SECTION 16. Section 481.117(g), Health and Safety Code, is
599	599	amended to read as follows:
600	600	(g) The defense to prosecution provided by Subsection (f) is
601	601	not available if:
602	602	(1) at the time the request for emergency medical
603	603	assistance was made:
604	604	(A) a peace officer was in the process of
605	605	arresting the actor or executing a search warrant describing the
606	606	actor or the place from which the request for medical assistance was
607	607	made; or
608	608	(B) the actor is committing another offense,
609	609	other than an offense punishable under Section 481.115(b),
610	610	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
611	611	481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
612	612	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
613	613	(2) the actor has been previously convicted of or
614	614	placed on deferred adjudication community supervision for an
615	615	offense under this chapter or Chapter 483 or 485;
616	616	(3) the actor was acquitted in a previous proceeding
617	617	in which the actor successfully established the defense under that
618	618	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
619	619	481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
620	620	483.041(e), or 485.031(c); or
621	621	(4) at any time during the 18-month period preceding
622	622	the date of the commission of the instant offense, the actor
623	623	requested emergency medical assistance in response to
624	624	the possible overdose of the actor or another person.
625	625	SECTION 17. Section 481.118(g), Health and Safety Code, is
626	626	amended to read as follows:
627	627	(g) The defense to prosecution provided by Subsection (f) is
628	628	not available if:
629	629	(1) at the time the request for emergency medical
630	630	assistance was made:
631	631	(A) a peace officer was in the process of
632	632	arresting the actor or executing a search warrant describing the
633	633	actor or the place from which the request for medical assistance was
634	634	made; or
635	635	(B) the actor is committing another offense,
636	636	other than an offense punishable under Section 481.115(b),
637	637	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
638	638	481.117(b), or 481.121(b)(1), (1-a), or (2), or an offense under
639	639	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
640	640	(2) the actor has been previously convicted of or
641	641	placed on deferred adjudication community supervision for an
642	642	offense under this chapter or Chapter 483 or 485;
643	643	(3) the actor was acquitted in a previous proceeding
644	644	in which the actor successfully established the defense under that
645	645	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
646	646	481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
647	647	483.041(e), or 485.031(c); or
648	648	(4) at any time during the 18-month period preceding
649	649	the date of the commission of the instant offense, the actor
650	650	requested emergency medical assistance in response to
651	651	the possible overdose of the actor or another person.
652	652	SECTION 18. Section 481.119(d), Health and Safety Code, is
653	653	amended to read as follows:
654	654	(d) The defense to prosecution provided by Subsection (c) is
655	655	not available if:
656	656	(1) at the time the request for emergency medical
657	657	assistance was made:
658	658	(A) a peace officer was in the process of
659	659	arresting the actor or executing a search warrant describing the
660	660	actor or the place from which the request for medical assistance was
661	661	made; or
662	662	(B) the actor is committing another offense,
663	663	other than an offense punishable under Section 481.115(b),
664	664	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
665	665	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
666	666	offense under Section 481.125(a), 483.041(a), or 485.031(a);
667	667	(2) the actor has been previously convicted of or
668	668	placed on deferred adjudication community supervision for an
669	669	offense under this chapter or Chapter 483 or 485;
670	670	(3) the actor was acquitted in a previous proceeding
671	671	in which the actor successfully established the defense under that
672	672	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
673	673	481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
674	674	483.041(e), or 485.031(c); or
675	675	(4) at any time during the 18-month period preceding
676	676	the date of the commission of the instant offense, the actor
677	677	requested emergency medical assistance in response to
678	678	the possible overdose of the actor or another person.
679	679	SECTION 19. Sections 481.121(b), (c), and (d), Health and
680	680	Safety Code, are amended to read as follows:
681	681	(b) An offense under Subsection (a) is:
682	682	(1) a Class C misdemeanor if the amount of marihuana
683	683	possessed is one ounce or less;
684	684	(1-a) a Class B misdemeanor if the amount of marihuana
685	685	possessed is two ounces or less but more than one ounce;
686	686	(2) a Class A misdemeanor if the amount of marihuana
687	687	possessed is four ounces or less but more than two ounces;
688	688	(3) a state jail felony if the amount of marihuana
689	689	possessed is five pounds or less but more than four ounces;
690	690	(4) a felony of the third degree if the amount of
691	691	marihuana possessed is 50 pounds or less but more than 5 pounds;
692	692	(5) a felony of the second degree if the amount of
693	693	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
694	694	and
695	695	(6) punishable by imprisonment in the Texas Department
696	696	of Criminal Justice for life or for a term of not more than 99 years
697	697	or less than 5 years, and a fine not to exceed $50,000, if the amount
698	698	of marihuana possessed is more than 2,000 pounds.
699	699	(c) It is a defense to prosecution for an offense punishable
700	700	under Subsection (b)(1), (1-a), or (2) that the actor:
701	701	(1) was the first person to request emergency medical
702	702	assistance in response to the possible overdose of another person
703	703	and:
704	704	(A) made the request for medical assistance
705	705	during an ongoing medical emergency;
706	706	(B) remained on the scene until the medical
707	707	assistance arrived; and
708	708	(C) cooperated with medical assistance and law
709	709	enforcement personnel; or
710	710	(2) was the victim of a possible overdose for which
711	711	emergency medical assistance was requested, by the actor or by
712	712	another person, during an ongoing medical emergency.
713	713	(d) The defense to prosecution provided by Subsection (c) is
714	714	not available if:
715	715	(1) at the time the request for emergency medical
716	716	assistance was made:
717	717	(A) a peace officer was in the process of
718	718	arresting the actor or executing a search warrant describing the
719	719	actor or the place from which the request for medical assistance was
720	720	made; or
721	721	(B) the actor is committing another offense,
722	722	other than an offense punishable under Section 481.115(b),
723	723	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
724	724	481.117(b), or 481.118(b), or an offense under Section 481.119(b),
725	725	481.125(a), 483.041(a), or 485.031(a);
726	726	(2) the actor has been previously convicted of or
727	727	placed on deferred adjudication community supervision for an
728	728	offense under this chapter or Chapter 483 or 485;
729	729	(3) the actor was acquitted in a previous proceeding
730	730	in which the actor successfully established the defense under that
731	731	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
732	732	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
733	733	483.041(e), or 485.031(c); or
734	734	(4) at any time during the 18-month period preceding
735	735	the date of the commission of the instant offense, the actor
736	736	requested emergency medical assistance in response to the possible
737	737	overdose of the actor or another person.
738	738	SECTION 20. Section 481.122(a), Health and Safety Code, is
739	739	amended to read as follows:
740	740	(a) A person commits an offense if the person knowingly
741	741	delivers a controlled substance listed in Penalty Group 1, 1-A,
742	742	1-B, 2, 2-A, 2-B, or 3 or knowingly delivers marihuana and the
743	743	person delivers the controlled substance or marihuana to a person:
744	744	(1) who is a child;
745	745	(2) who is enrolled in a public or private primary or
746	746	secondary school; or
747	747	(3) who the actor knows or believes intends to deliver
748	748	the controlled substance or marihuana to a person described by
749	749	Subdivision (1) or (2).
750	750	SECTION 21. Section 481.124(d), Health and Safety Code, is
751	751	amended to read as follows:
752	752	(d) An offense under this section is:
753	753	(1) a felony of the second degree if the controlled
754	754	substance is listed in Penalty Group 1, 1-A, or 1-B;
755	755	(2) a felony of the third degree if the controlled
756	756	substance is listed in Penalty Group 2, 2-A, or 2-B;
757	757	(3) a state jail felony if the controlled substance is
758	758	listed in Penalty Group 3 or 4; or
759	759	(4) a Class A misdemeanor if the controlled substance
760	760	is listed in a schedule by an action of the commissioner under this
761	761	chapter but not listed in a penalty group.
762	762	SECTION 22. Section 481.125(h), Health and Safety Code, is
763	763	amended to read as follows:
764	764	(h) The defense to prosecution provided by Subsection (g) is
765	765	not available if:
766	766	(1) at the time the request for emergency medical
767	767	assistance was made:
768	768	(A) a peace officer was in the process of
769	769	arresting the actor or executing a search warrant describing the
770	770	actor or the place from which the request for medical assistance was
771	771	made; or
772	772	(B) the actor is committing another offense,
773	773	other than an offense punishable under Section 481.115(b),
774	774	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
775	775	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
776	776	offense under Section 481.119(b), 483.041(a), or 485.031(a);
777	777	(2) the actor has been previously convicted of or
778	778	placed on deferred adjudication community supervision for an
779	779	offense under this chapter or Chapter 483 or 485;
780	780	(3) the actor was acquitted in a previous proceeding
781	781	in which the actor successfully established the defense under that
782	782	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
783	783	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
784	784	483.041(e), or 485.031(c); or
785	785	(4) at any time during the 18-month period preceding
786	786	the date of the commission of the instant offense, the actor
787	787	requested emergency medical assistance in response to the possible
788	788	overdose of the actor or another person.
789	789	SECTION 23. Section 481.134(f), Health and Safety Code, is
790	790	amended to read as follows:
791	791	(f) An offense otherwise punishable under Section
792	792	481.1161(b)(1-a), 481.118(b), 481.119(b), 481.120(b)(1), or
793	793	481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor if it is
794	794	shown on the trial of the offense that the offense was committed:
795	795	(1) in, on, or within 1,000 feet of any real property
796	796	that is owned, rented, or leased to a school or school board, the
797	797	premises of a public or private youth center, or a playground;
798	798	(2) on a school bus; or
799	799	(3) by any unauthorized person 18 years of age or
800	800	older, in, on, or within 1,000 feet of premises owned, rented, or
801	801	leased by a general residential operation operating as a
802	802	residential treatment center.
803	803	SECTION 24. Section 483.041(f), Health and Safety Code, is
804	804	amended to read as follows:
805	805	(f) The defense to prosecution provided by Subsection (e) is
806	806	not available if:
807	807	(1) at the time the request for emergency medical
808	808	assistance was made:
809	809	(A) a peace officer was in the process of
810	810	arresting the actor or executing a search warrant describing the
811	811	actor or the place from which the request for medical assistance was
812	812	made; or
813	813	(B) the actor is committing another offense,
814	814	other than an offense punishable under Section 481.115(b),
815	815	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
816	816	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
817	817	offense under Section 481.119(b), 481.125(a), or 485.031(a);
818	818	(2) the actor has been previously convicted of or
819	819	placed on deferred adjudication community supervision for an
820	820	offense under this chapter or Chapter 481 or 485;
821	821	(3) the actor was acquitted in a previous proceeding
822	822	in which the actor successfully established the defense under that
823	823	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
824	824	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
825	825	481.125(g), or 485.031(c); or
826	826	(4) at any time during the 18-month period preceding
827	827	the date of the commission of the instant offense, the actor
828	828	requested emergency medical assistance in response to the possible
829	829	overdose of the actor or another person.
830	830	SECTION 25. Section 485.031(d), Health and Safety Code, is
831	831	amended to read as follows:
832	832	(d) The defense to prosecution provided by Subsection (c) is
833	833	not available if:
834	834	(1) at the time the request for emergency medical
835	835	assistance was made:
836	836	(A) a peace officer was in the process of
837	837	arresting the actor or executing a search warrant describing the
838	838	actor or the place from which the request for medical assistance was
839	839	made; or
840	840	(B) the actor is committing another offense,
841	841	other than an offense punishable under Section 481.115(b),
842	842	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
843	843	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
844	844	offense under Section 481.119(b), 481.125(a), or 483.041(a);
845	845	(2) the actor has been previously convicted of or
846	846	placed on deferred adjudication community supervision for an
847	847	offense under this chapter or Chapter 481 or 483;
848	848	(3) the actor was acquitted in a previous proceeding
849	849	in which the actor successfully established the defense under that
850	850	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
851	851	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
852	852	481.125(g), or 483.041(e); or
853	853	(4) at any time during the 18-month period preceding
854	854	the date of the commission of the instant offense, the actor
855	855	requested emergency medical assistance in response to the possible
856	856	overdose of the actor or another person.
857	857	SECTION 26. Sections 551.003(11) and (12), Occupations
858	858	Code, are amended to read as follows:
859	859	(11) "Controlled substance" means a substance,
860	860	including a drug:
861	861	(A) listed in Schedule I, II, III, IV, or V, as
862	862	established by the commissioner of public health under Chapter 481,
863	863	Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2, 2-A,
864	864	2-B, 3, or 4, Chapter 481; or
865	865	(B) included in Schedule I, II, III, IV, or V of
866	866	the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
867	867	U.S.C. Section 801 et seq.).
868	868	(12) "Dangerous drug" means a drug or device that:
869	869	(A) is not included in Penalty Group 1, 1-B, 2,
870	870	2-A, 2-B, 3, or 4, Chapter 481, Health and Safety Code, and is
871	871	unsafe for self-medication; or
872	872	(B) bears or is required to bear the legend:
873	873	(i) "Caution: federal law prohibits
874	874	dispensing without prescription" or "Rx only" or another legend
875	875	that complies with federal law; or
876	876	(ii) "Caution: federal law restricts this
877	877	drug to use by or on the order of a licensed veterinarian."
878	878	SECTION 27. Section 521.371(3), Transportation Code, is
879	879	amended to read as follows:
880	880	(3) "Drug offense" has the meaning assigned under 23
881	881	U.S.C. Section 159(c) and includes an offense under Section 49.04,
882	882	49.07, or 49.08, Penal Code, that is committed as a result of the
883	883	introduction into the body of any substance the possession of which
884	884	is prohibited under the Controlled Substances Act. The term does
885	885	not include an offense punishable by fine only under the laws of
886	886	this state.
887	887	SECTION 28. The changes in law made by this Act apply only
888	888	to an offense committed on or after the effective date of this Act.
889	889	An offense committed before the effective date of this Act is
890	890	governed by the law in effect on the date the offense was committed,
891	891	and the former law is continued in effect for that purpose. For
892	892	purposes of this section, an offense was committed before the
893	893	effective date of this Act if any element of the offense was
894	894	committed before that date.
895	895	SECTION 29. (a) Except as otherwise provided by this
896	896	section, this Act takes effect September 1, 2023.
897	897	(b) Section 521.371, Transportation Code, as amended by
898	898	this Act, takes effect on the 91st day after the date the office of
899	899	the attorney general publishes in the Texas Register a finding
900	900	that:
901	901	(1) the legislature of this state has adopted a
902	902	resolution expressing the legislature's opposition to a law meeting
903	903	the requirements of 23 U.S.C. Section 159 in suspending, revoking,
904	904	or denying the driver's license of a person convicted of a drug
905	905	offense punishable by fine only for a period of six months;
906	906	(2) the governor of this state has submitted to the
907	907	United States secretary of transportation:
908	908	(A) a written certification of the governor's
909	909	opposition to the enactment or enforcement of a law required under
910	910	23 U.S.C. Section 159 as that law relates to offenses punishable by
911	911	fine only; and
912	912	(B) a written certification that the legislature
913	913	has adopted the resolution described by Subdivision (1) of this
914	914	subsection; and
915	915	(3) the United States secretary of transportation has
916	916	responded to the governor's submission and certified that highway
917	917	funds will not be withheld from this state in response to the
918	918	modification or full or partial repeal of the law required under 23
919	919	U.S.C. Section 159.