| 1 | 1 | | 88R10933 CJD-D |
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| 2 | 2 | | By: Talarico H.B. No. 2387 |
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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 the availability of the defense to prosecution for |
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| 8 | 8 | | certain offenses involving possession of small amounts of |
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| 9 | 9 | | controlled substances, marihuana, dangerous drugs, or abusable |
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| 10 | 10 | | volatile chemicals, or possession of drug paraphernalia for |
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| 11 | 11 | | defendants seeking assistance for a suspected overdose. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The following provisions of the Health and |
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| 14 | 14 | | Safety Code are repealed: |
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| 15 | 15 | | (1) Sections 481.115(h) and (i); |
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| 16 | 16 | | (2) Sections 481.1151(d) and (e); |
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| 17 | 17 | | (3) Sections 481.116(g) and (h); |
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| 18 | 18 | | (4) Sections 481.1161(d) and (e); |
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| 19 | 19 | | (5) Sections 481.117(g) and (h); |
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| 20 | 20 | | (6) Sections 481.118(g) and (h); |
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| 21 | 21 | | (7) Sections 481.119(d) and (e); |
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| 22 | 22 | | (8) Sections 481.121(d) and (e); |
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| 23 | 23 | | (9) Sections 481.125(h) and (i); |
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| 24 | 24 | | (10) Sections 483.041(f) and (g); and |
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| 25 | 25 | | (11) Sections 485.031(d) and (e). |
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| 26 | 26 | | SECTION 2. The changes in law made by this Act apply only to |
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| 27 | 27 | | an offense committed on or after the effective date of this Act. An |
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| 28 | 28 | | offense committed before the effective date of this Act is governed |
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| 29 | 29 | | by the law in effect on the date the offense was committed, and the |
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| 30 | 30 | | former law is continued in effect for that purpose. For purposes of |
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| 31 | 31 | | this section, an offense was committed before the effective date of |
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| 32 | 32 | | this Act if any element of the offense occurred before that date. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
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