| 1 | 1 | | 88R669 MCF-D |
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| 2 | 2 | | By: Oliverson, Howard, Talarico, Cole, H.B. No. 362 |
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| 3 | 3 | | Leo-Wilson, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the use, possession, delivery, or manufacture of |
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| 9 | 9 | | testing equipment that identifies the presence of fentanyl, |
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| 10 | 10 | | alpha-methylfentanyl, or any other derivative of fentanyl. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 481.125, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Subsection (j) to read as follows: |
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| 14 | 14 | | (j) This section does not apply to a person who uses, |
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| 15 | 15 | | possesses with the intent to use, delivers, possesses with intent |
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| 16 | 16 | | to deliver, or manufactures with intent to deliver testing |
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| 17 | 17 | | equipment that identifies the presence of fentanyl, |
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| 18 | 18 | | alpha-methylfentanyl, or any other derivative of fentanyl. |
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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 an offense committed on or after the effective date of this Act. |
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| 21 | 21 | | An offense committed before the effective date of this Act is |
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| 22 | 22 | | governed by the law in effect at the time the offense was committed, |
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| 23 | 23 | | and the former law is continued in effect for that purpose. For |
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| 24 | 24 | | purposes of this section, an offense was committed before the |
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| 25 | 25 | | effective date of this Act if any element of the offense occurred |
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| 26 | 26 | | before that date. |
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| 27 | 27 | | SECTION 3. This Act takes effect September 1, 2023. |
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