Texas 2023 - 88th Regular

Texas House Bill HB224 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Bernal H.B. No. 224
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to removing criminal penalties for the possession or
7	7	distribution of certain drug paraphernalia under the Texas
8	8	Controlled Substances Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 481.002(17), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(17) "Drug paraphernalia" means equipment, a product,
13	13	or material that is used or intended for use in planting,
14	14	propagating, cultivating, growing, harvesting, manufacturing,
15	15	compounding, converting, producing, processing, preparing,
16	16	testing, analyzing, packaging, repackaging, storing, containing,
17	17	or concealing a controlled substance in violation of this chapter
18	18	or in injecting, ingesting, inhaling, or otherwise introducing into
19	19	the human body a controlled substance in violation of this chapter.
20	20	The term includes:
21	21	(A) a kit used or intended for use in planting,
22	22	propagating, cultivating, growing, or harvesting a species of plant
23	23	that is a controlled substance or from which a controlled substance
24	24	may be derived;
25	25	(B) a material, compound, mixture, preparation,
26	26	or kit used or intended for use in manufacturing, compounding,
27	27	converting, producing, processing, or preparing a controlled
28	28	substance;
29	29	(C) an isomerization device used or intended for
30	30	use in increasing the potency of a species of plant that is a
31	31	controlled substance;
32	32	(D) testing equipment used or intended for use in
33	33	identifying or in analyzing the strength, effectiveness, or purity
34	34	of a controlled substance;
35	35	(D) [(E)] a scale or balance used or intended for
36	36	use in weighing or measuring a controlled substance;
37	37	(E) [(F)] a dilutant or adulterant, such as
38	38	quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose,
39	39	lactose, or absorbent, blotter-type material, that is used or
40	40	intended to be used to increase the amount or weight of or to
41	41	transfer a controlled substance regardless of whether the dilutant
42	42	or adulterant diminishes the efficacy of the controlled substance;
43	43	(F) [(G)] a separation gin or sifter used or
44	44	intended for use in removing twigs and seeds from or in otherwise
45	45	cleaning or refining marihuana;
46	46	(G) [(H)] a blender, bowl, container, spoon, or
47	47	mixing device used or intended for use in compounding a controlled
48	48	substance;
49	49	(H) [(I)] a capsule, balloon, envelope, or other
50	50	container used or intended for use in packaging small quantities of
51	51	a controlled substance;
52	52	(I) [(J)] a container or other object used or
53	53	intended for use in storing or concealing a controlled substance;
54	54	(J) [(K)] a hypodermic syringe, needle, or other
55	55	object used or intended for use in parenterally injecting a
56	56	controlled substance into the human body; and
57	57	(K) [(L)] an object used or intended for use in
58	58	ingesting, inhaling, or otherwise introducing marihuana, cocaine,
59	59	hashish, or hashish oil into the human body, including:
60	60	(i) a metal, wooden, acrylic, glass, stone,
61	61	plastic, or ceramic pipe with or without a screen, permanent
62	62	screen, hashish head, or punctured metal bowl;
63	63	(ii) a water pipe;
64	64	(iii) a carburetion tube or device;
65	65	(iv) a smoking or carburetion mask;
66	66	(v) a chamber pipe;
67	67	(vi) a carburetor pipe;
68	68	(vii) an electric pipe;
69	69	(viii) an air-driven pipe;
70	70	(ix) a chillum;
71	71	(x) a bong; or
72	72	(xi) an ice pipe or chiller.
73	73	SECTION 2. Section 481.125, Health and Safety Code, is
74	74	amended by amending Subsections (a), (b), and (g) and adding
75	75	Subsections (j) and (k) to read as follows:
76	76	(a) A person commits an offense if the person knowingly or
77	77	intentionally uses or possesses with intent to use drug
78	78	paraphernalia to plant, propagate, cultivate, grow, harvest,
79	79	manufacture, compound, convert, produce, process, prepare, test,
80	80	analyze, pack, repack, store, contain, or conceal a controlled
81	81	substance in violation of this chapter or to inject, ingest,
82	82	inhale, or otherwise introduce into the human body a controlled
83	83	substance in violation of this chapter.
84	84	(b) A person commits an offense if the person knowingly or
85	85	intentionally delivers, possesses with intent to deliver, or
86	86	manufactures with intent to deliver drug paraphernalia knowing that
87	87	the person who receives or who is intended to receive the drug
88	88	paraphernalia intends that it be used to plant, propagate,
89	89	cultivate, grow, harvest, manufacture, compound, convert, produce,
90	90	process, prepare, test, analyze, pack, repack, store, contain, or
91	91	conceal a controlled substance in violation of this chapter or to
92	92	inject, ingest, inhale, or otherwise introduce into the human body
93	93	a controlled substance in violation of this chapter.
94	94	(c) A person commits an offense if the person commits an
95	95	offense under Subsection (b), is 18 years of age or older, and the
96	96	person who receives or who is intended to receive the drug
97	97	paraphernalia is younger than 18 years of age and at least three
98	98	years younger than the actor.
99	99	(d) An offense under Subsection (a) is a Class C
100	100	misdemeanor.
101	101	(e) An offense under Subsection (b) is a Class A
102	102	misdemeanor, unless it is shown on the trial of a defendant that the
103	103	defendant has previously been convicted under Subsection (b) or
104	104	(c), in which event the offense is punishable by confinement in jail
105	105	for a term of not more than one year or less than 90 days.
106	106	(f) An offense under Subsection (c) is a state jail felony.
107	107	(g) It is a defense to prosecution for an offense under
108	108	Subsection (a) that the actor:
109	109	(1) was the first person to request emergency medical
110	110	assistance in response to the possible overdose of another person
111	111	and:
112	112	(A) made the request for medical assistance
113	113	during an ongoing medical emergency;
114	114	(B) remained on the scene until the medical
115	115	assistance arrived; and
116	116	(C) cooperated with medical assistance and law
117	117	enforcement personnel; [or]
118	118	(2) was the victim of a possible overdose for which
119	119	emergency medical assistance was requested, by the actor or by
120	120	another person, during an ongoing medical emergency; or
121	121	(3) was using drug paraphernalia to test a substance
122	122	for fentanyl, alpha-methylfentanyl, and any other derivative of
123	123	fentanyl.
124	124	(h) The defense to prosecution provided by Subsection (g) is
125	125	not available if:
126	126	(1) at the time the request for emergency medical
127	127	assistance was made:
128	128	(A) a peace officer was in the process of
129	129	arresting the actor or executing a search warrant describing the
130	130	actor or the place from which the request for medical assistance was
131	131	made; or
132	132	(B) the actor is committing another offense,
133	133	other than an offense punishable under Section 481.115(b),
134	134	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
135	135	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
136	136	481.119(b), 483.041(a), or 485.031(a);
137	137	(2) the actor has been previously convicted of or
138	138	placed on deferred adjudication community supervision for an
139	139	offense under this chapter or Chapter 483 or 485;
140	140	(3) the actor was acquitted in a previous proceeding
141	141	in which the actor successfully established the defense under that
142	142	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
143	143	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
144	144	483.041(e), or 485.031(c); or
145	145	(4) at any time during the 18-month period preceding
146	146	the date of the commission of the instant offense, the actor
147	147	requested emergency medical assistance in response to the possible
148	148	overdose of the actor or another person.
149	149	(i) The defense to prosecution provided by Subsection (g)
150	150	does not preclude the admission of evidence obtained by law
151	151	enforcement resulting from the request for emergency medical
152	152	assistance if that evidence pertains to an offense for which the
153	153	defense described by Subsection (g) is not available.
154	154	(j) Notwithstanding Subsection (a), it is not unlawful for a
155	155	person to use, or to possess with intent to use, equipment,
156	156	products, or materials to test or analyze a controlled substance to
157	157	determine if the controlled substance has been contaminated with
158	158	fentanyl, alpha-methylfentanyl, and any other derivative of
159	159	fentanyl.
160	160	(k) Notwithstanding Subsection (b), it is not unlawful for a
161	161	person or organization to deliver or possess with intent to deliver
162	162	equipment, products, or materials to test or analyze a controlled
163	163	substance to determine if the controlled substance has been
164	164	contaminated with fentanyl or another adulterant.
165	165	SECTION 3. The change in law made by this Act applies to
166	166	conduct that occurs before, on, or after the effective date of this
167	167	Act, except that a final conviction for an offense that exists on
168	168	the effective date of this Act is unaffected by this Act.
169	169	SECTION 4. This Act takes effect September 1, 2023.