88R11703 JSC-D
By: Rosenthal H.B. No. 3620
A BILL TO BE ENTITLED
AN ACT
relating to repealing certain offenses and removing certain
regulations relating to marihuana, cannabis, cannabinoids,
synthetic cannabinoids, and paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following provisions are repealed:
(1) Section 122.103(c), Agriculture Code;
(2) Section 122.358, Agriculture Code;
(3) Sections 69.06(e) and 104.01(c), Alcoholic
Beverage Code;
(4) Article 13.22, Code of Criminal Procedure;
(5) Sections 443.202(a) and 443.2025(a), Health and
Safety Code;
(6) Section 481.002(17), Health and Safety Code;
(7) Section 481.1031, Health and Safety Code;
(8) Sections 481.111(c), (e), and (f), Health and
Safety Code;
(9) Sections 481.1131, 481.1161, 481.120, 481.121,
481.125, and 481.183, Health and Safety Code;
(10) Subchapter G, Chapter 481, Health and Safety
Code;
(11) Chapter 487, Health and Safety Code; and
(12) Chapter 169, Occupations Code.
SECTION 2. Section 122.354, Agriculture Code, is amended to
read as follows:
Sec. 122.354. DEPARTMENT RULES. The department, in
consultation with the Department of Public Safety, shall adopt
rules regulating the transportation of hemp in this state [to
ensure that illegal marihuana is not transported into or through
this state disguised as legal hemp].
SECTION 3. Section 69.06(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The commission shall deny an original application for a
retail dealer's on-premise license if the commission finds that the
applicant or the applicant's spouse, during the five years
immediately preceding the application, was finally convicted of a
felony or one of the following offenses:
(1) prostitution or solicitation of prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in the Texas Controlled Substances Act, including [an
offense involving a synthetic cannabinoid, or] an offense involving
other dangerous drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
SECTION 4. Section 104.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) A person authorized to sell malt beverages at retail, or
the person's agent, servant, or employee, may not engage in or
permit conduct on the premises of the retailer which is lewd,
immoral, or offensive to public decency, including any of the
following acts:
(1) the use of loud and vociferous or obscene, vulgar,
or indecent language, or permitting its use;
(2) the exposure of a person or permitting a person to
expose himself or herself;
(3) rudely displaying or permitting a person to rudely
display a pistol or other deadly weapon in a manner calculated to
disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for
consumption by the retailer or any of the retailer's employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or
sexual purposes;
(8) failing or refusing to comply with state or
municipal health or sanitary laws or ordinances; or
(9) possession of a narcotic [or synthetic
cannabinoid] or any equipment used or designed for the
administering of a narcotic [or a synthetic cannabinoid] or
permitting a person on the licensed premises to do so.
SECTION 5. Article 14.06(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) [Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
[(1-a)] Section 481.1161, Health and Safety Code, if
the offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 6. Article 15.27(h), Code of Criminal Procedure, is
amended to read as follows:
(h) This article applies to any felony offense and the
following misdemeanors:
(1) an offense under Section 20.02, 21.08, 22.01,
22.05, 22.07, or 71.02, Penal Code;
(2) the unlawful use, sale, or possession of a
controlled substance[, drug paraphernalia, or marihuana], as
defined by Chapter 481, Health and Safety Code; or
(3) the unlawful possession of any of the weapons or
devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
weapon listed as a prohibited weapon under Section 46.05, Penal
Code.
SECTION 7. Article 18A.101, Code of Criminal Procedure, is
amended to read as follows:
Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
ISSUED. A judge of competent jurisdiction may issue an
interception order only if the prosecutor applying for the order
shows probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under any of the following provisions of
the Health and Safety Code:
(A) Chapter 481[, other than felony possession of
marihuana];
(B) Chapter 483; or
(C) Section 485.032;
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 19.02;
(B) Section 19.03;
(C) Section 20.03;
(D) Section 20.04;
(E) Chapter 20A;
(F) Chapter 34, if the criminal activity giving
rise to the proceeds involves the commission of an offense under
Title 5, Penal Code, or an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense under Title 5;
(G) Section 38.11;
(H) Section 43.04;
(I) Section 43.041;
(J) Section 43.05; or
(K) Section 43.26; or
(3) an attempt, conspiracy, or solicitation to commit
an offense listed in Subdivision (1) or (2).
SECTION 8. Article 42A.301(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Conditions of community supervision may include
conditions requiring the defendant to:
(1) commit no offense against the laws of this state or
of any other state or of the United States;
(2) avoid injurious or vicious habits;
(3) report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(4) permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(5) work faithfully at suitable employment to the
extent possible;
(6) remain within a specified place;
(7) pay in one or more amounts:
(A) the defendant's fine, if one is assessed; and
(B) all court costs, regardless of whether a fine
is assessed;
(8) support the defendant's dependents;
(9) participate, for a period specified by the judge,
in any community-based program, including a community service
project under Article 42A.304;
(10) if the judge determines that the defendant has
financial resources that enable the defendant to offset in part or
in whole the costs of the legal services provided to the defendant
in accordance with Article 1.051(c) or (d), including any expenses
and costs, reimburse the county in which the prosecution was
instituted for the costs of the legal services in an amount that the
judge finds the defendant is able to pay, except that the defendant
may not be ordered to pay an amount that exceeds:
(A) the actual costs, including any expenses and
costs, paid by the county for the legal services provided by an
appointed attorney; or
(B) if the defendant was represented by a public
defender's office, the actual amount, including any expenses and
costs, that would have otherwise been paid to an appointed attorney
had the county not had a public defender's office;
(11) if under custodial supervision in a community
corrections facility:
(A) remain under that supervision;
(B) obey all rules and regulations of the
facility; and
(C) pay a percentage of the defendant's income to
the facility for room and board;
(12) submit to testing for alcohol or controlled
substances;
(13) attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
Services;
(14) with the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(15) submit to electronic monitoring;
(16) reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56B.003, of the offense or if no reimbursement
is required, make one payment to the compensation to victims of
crime fund in an amount not to exceed $50 if the offense is a
misdemeanor or not to exceed $100 if the offense is a felony;
(17) reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, [drug paraphernalia,] or other
materials seized in connection with the offense;
(18) reimburse all or part of the reasonable and
necessary costs incurred by the victim for psychological counseling
made necessary by the offense or for counseling and education
relating to acquired immune deficiency syndrome or human
immunodeficiency virus made necessary by the offense;
(19) pay a fine in an amount not to exceed $50 to a
crime stoppers organization, as defined by Section 414.001,
Government Code, and as certified by the Texas Crime Stoppers
Council;
(20) submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant; and
(21) in any manner required by the judge, provide in
the county in which the offense was committed public notice of the
offense for which the defendant was placed on community
supervision.
SECTION 9. Article 42A.514(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If a judge grants community supervision to a defendant
younger than 18 years of age convicted of an alcohol-related
offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
an offense involving possession of a controlled substance [or
marihuana] under Section 481.115, 481.1151, 481.116, [481.1161,]
481.117, or 481.118, [or 481.121,] Health and Safety Code, the
judge may require the defendant as a condition of community
supervision to successfully complete, as appropriate:
(1) an alcohol awareness program under Section
106.115, Alcoholic Beverage Code, that is regulated by the Texas
Department of Licensing and Regulation under Chapter 171,
Government Code; or
(2) a drug education program that is designed to
educate persons on the dangers of drug abuse in accordance with
Section 521.374(a)(1), Transportation Code, and that is regulated
by the Texas Department of Licensing and Regulation under Chapter
171, Government Code.
SECTION 10. Articles 42A.551(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by Subsection (b) or (c),
on conviction of a state jail felony under Section 481.115(b),
481.1151(b)(1), 481.116(b), [481.1161(b)(3), 481.121(b)(3),] or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision.
(c) Subsection (a) does not apply to a defendant who[:
[(1)] under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
substance[;
[(2) under Section 481.1161(b)(3), Health and Safety
Code, possessed more than one pound, by aggregate weight, including
adulterants or dilutants, of the controlled substance; or
[(3) under Section 481.121(b)(3), Health and Safety
Code, possessed more than one pound of marihuana].
SECTION 11. Article 42A.555(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A judge assessing punishment in a state jail felony case
may impose as a condition of community supervision that a defendant
submit at the beginning of the period of community supervision to a
term of confinement in a state jail felony facility for a term of:
(1) not less than 90 days or more than 180 days; or
(2) not less than 90 days or more than one year, if the
defendant is convicted of an offense punishable as a state jail
felony under Section 481.112, 481.1121, or 481.113, [or 481.120,]
Health and Safety Code.
SECTION 12. Section 37.005(c), Education Code, is amended
to read as follows:
(c) A student who is enrolled in a grade level below grade
three may not be placed in out-of-school suspension unless while on
school property or while attending a school-sponsored or
school-related activity on or off of school property, the student
engages in:
(1) conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code;
(2) conduct that contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
or
(3) selling, giving, or delivering to another person
or possessing, using, or being under the influence of any amount of:
(A) [marihuana or] a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code.
SECTION 13. Section 37.006(a), Education Code, is amended
to read as follows:
(a) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) [marihuana or] a controlled substance,
as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code; or
(G) engages in conduct that contains the elements
of the offense of harassment under Section 42.07(a)(1), (2), (3),
or (7), Penal Code, against an employee of the school district.
SECTION 14. Section 37.007(b), Education Code, is amended
to read as follows:
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or possesses, uses, or is under the influence of any amount of:
(i) [marihuana or] a controlled substance,
as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements
of an offense under Section 22.01(a)(1), Penal Code, against a
school district employee or a volunteer as defined by Section
22.053; or
(D) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921;
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property; or
(5) engages in conduct that contains the elements of
the offense of breach of computer security under Section 33.02,
Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system.
SECTION 15. Section 37.015(a), Education Code, is amended
to read as follows:
(a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance[, drug paraphernalia, or marihuana] under Chapter 481,
Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; or
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a), (d), or
(e).
SECTION 16. Section 37.016, Education Code, is amended to
read as follows:
Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
teacher, school administrator, or school employee is not liable in
civil damages for reporting to a school administrator or
governmental authority, in the exercise of professional judgment
within the scope of the teacher's, administrator's, or employee's
duties, a student whom the teacher suspects of using, passing, or
selling, on school property:
(1) [marihuana or] a controlled substance, as defined
by Chapter 481, Health and Safety Code;
(2) a dangerous drug, as defined by Chapter 483,
Health and Safety Code;
(3) an abusable glue or aerosol paint, as defined by
Chapter 485, Health and Safety Code, or a volatile chemical, as
listed in Chapter 484, Health and Safety Code, if the substance is
used or sold for the purpose of inhaling its fumes or vapors; or
(4) an alcoholic beverage, as defined by Section 1.04,
Alcoholic Beverage Code.
SECTION 17. Section 53.03(h-1), Family Code, is amended to
read as follows:
(h-1) If the child is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision that violates
Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
481.118, [or 481.121,] Health and Safety Code, deferred prosecution
under this section may include a condition that the child
successfully complete a drug education program that is designed to
educate persons on the dangers of drug abuse in accordance with
Section 521.374(a)(1), Transportation Code, and that is regulated
by the Texas Department of Licensing and Regulation under Chapter
171, Government Code.
SECTION 18. Section 54.047(a), Family Code, is amended to
read as follows:
(a) If the court or jury finds at an adjudication hearing
for a child that the child engaged in delinquent conduct or conduct
indicating a need for supervision that constitutes a violation of
Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
481.118, [or 481.121,] Health and Safety Code, the court may order
that the child successfully complete a drug education program that
is designed to educate persons on the dangers of drug abuse in
accordance with Section 521.374(a)(1), Transportation Code, and
that is regulated by the Texas Department of Licensing and
Regulation under Chapter 171, Government Code.
SECTION 19. Section 161.001(c), Family Code, as amended by
Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(c) Evidence of one or more of the following does not
constitute clear and convincing evidence sufficient for a court to
make a finding under Subsection (b) and order termination of the
parent-child relationship:
(1) the parent homeschooled the child;
(2) the parent is economically disadvantaged;
(3) the parent has been charged with a nonviolent
misdemeanor offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) the parent provided or administered marihuana or
[low-THC] cannabis to a child for whom marihuana or [the low-THC]
cannabis was recommended or prescribed by a medical practitioner
for a medical condition [under Chapter 169, Occupations Code];
(5) the parent declined immunization for the child for
reasons of conscience, including a religious belief; [or]
(6) the parent sought an opinion from more than one
medical provider relating to the child's medical care, transferred
the child's medical care to a new medical provider, or transferred
the child to another health care facility; or
(7) [(6)] the parent allowed the child to engage in
independent activities that are appropriate and typical for the
child's level of maturity, physical condition, developmental
abilities, or culture.
SECTION 20. Section 262.116(a), Family Code, as amended by
Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(a) The Department of Family and Protective Services may not
take possession of a child under this subchapter based on evidence
that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered marihuana or [low-THC]
cannabis to a child for whom marihuana or [the low-THC] cannabis was
recommended or prescribed by a medical practitioner for a medical
condition [under Chapter 169, Occupations Code];
(5) declined immunization for the child for reasons of
conscience, including a religious belief; [or]
(6) sought an opinion from more than one medical
provider relating to the child's medical care, transferred the
child's medical care to a new medical provider, or transferred the
child to another health care facility;
(7) [(6)] allowed the child to engage in independent
activities that are appropriate and typical for the child's level
of maturity, physical condition, developmental abilities, or
culture; or
(8) [(7)] tested positive for marihuana, unless the
department has evidence that the parent's use of marihuana has
caused significant impairment to the child's physical or mental
health or emotional development.
SECTION 21. Section 76.017(b), Government Code, is amended
to read as follows:
(b) The program must:
(1) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which an element of the offense is the use or possession of alcohol
or the use, possession, or sale of a controlled substance [or
marihuana];
(2) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which the use of alcohol or drugs is suspected to have significantly
contributed to the offense for which the individual has been
arrested;
(3) coordinate the evaluation and referral to
treatment services; and
(4) make referrals for the appropriate treatment of a
person determined to be in need of treatment, including referrals
to a community corrections facility as defined by Section 509.001.
SECTION 22. Section 123.002, Government Code, is amended to
read as follows:
Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
commissioners court of a county or governing body of a municipality
may establish the following types of drug court programs:
(1) drug courts for persons arrested for, charged
with, or convicted of:
(A) an offense in which an element of the offense
is the use or possession of alcohol or the use, possession, or sale
of a controlled substance or[,] a controlled substance analogue[,
or marihuana]; or
(B) an offense in which the use of alcohol or a
controlled substance is suspected to have significantly
contributed to the commission of the offense and the offense did not
involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance or[,] a
controlled substance analogue[, or marihuana]; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 123.001.
SECTION 23. Section 411.0728(a), Government Code, is
amended to read as follows:
(a) This section applies only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision for an offense under:
(A) [Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
[(B) Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
[(C)] Section 31.03, Penal Code, if the offense
is punishable under Subsection (e)(1) or (2); or
(B) [(D)] Section 43.02, Penal Code; and
(2) who, if requested by the applicable law
enforcement agency or prosecuting attorney to provide assistance in
the investigation or prosecution of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
containing elements that are substantially similar to the elements
of an offense under any of those sections:
(A) provided assistance in the investigation or
prosecution of the offense; or
(B) did not provide assistance in the
investigation or prosecution of the offense due to the person's age
or a physical or mental disability resulting from being a victim of
an offense described by this subdivision.
SECTION 24. Section 411.0891(a), Government Code, is
amended to read as follows:
(a) Subject to Section 411.087, the department is
authorized to obtain and use criminal history record information
maintained by the Federal Bureau of Investigation or the department
that relates to a person who:
(1) is an applicant for or holds a registration issued
by the director under Subchapter C, Chapter 481, Health and Safety
Code, that authorizes the person to manufacture, distribute,
analyze, or conduct research with a controlled substance;
(2) [is an applicant for or holds a registration
issued by the department under Chapter 487, Health and Safety Code,
to be a director, manager, or employee of a dispensing
organization, as defined by Section 487.001, Health and Safety
Code;
[(3)] is an applicant for or holds an authorization
issued by the department under Section 521.2476, Transportation
Code, to do business in this state as a vendor of ignition interlock
devices;
(3) [(4)] is an applicant for or holds certification
by the department as an inspection station or an inspector under
Subchapter G, Chapter 548, Transportation Code, holds an inspection
station or inspector certificate issued under that subchapter, or
is the owner of an inspection station operating under that chapter;
or
(4) [(5)] is an applicant for or holds a certificate
of registration issued by the department under Chapter 1956,
Occupations Code, to act as a metal recycling entity.
SECTION 25. Section 411.502, Government Code, is amended to
read as follows:
Sec. 411.502. APPLICABILITY. This subchapter applies to a
program, and persons regulated under the program, administered by
the department under the following laws, including rules adopted
under those laws:
(1) Section 411.0625;
(2) [Chapter 487, Health and Safety Code;
[(3)] Chapter 1702, Occupations Code;
(3) [(4)] Chapter 1956, Occupations Code;
(4) [(5)] Section 521.2476, Transportation Code; and
(5) [(6)] Subchapter G, Chapter 548, Transportation
Code.
SECTION 26. Sections 481.002(5), (6), (8), and (25), Health
and Safety Code, are amended to read as follows:
(5) "Controlled substance" means a substance,
including a drug, an adulterant, and a dilutant, listed in
Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, [2-A,] 3, or
4. The term includes the aggregate weight of any mixture,
solution, or other substance containing a controlled
substance. The term does not include hemp, as defined by Section
121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
(6) "Controlled substance analogue" means:
(A) a substance with a chemical structure
substantially similar to the chemical structure of a controlled
substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, or 2[, or
2-A]; or
(B) a substance specifically designed to produce
an effect substantially similar to, or greater than, the effect of a
controlled substance in Schedule I or II or Penalty Group 1, 1-A,
1-B, or 2[, or 2-A].
(8) "Deliver" means to transfer, actually or
constructively, to another a controlled substance or [,]
counterfeit substance, [or drug paraphernalia,] regardless of
whether there is an agency relationship. The term includes
offering to sell a controlled substance or [,] counterfeit
substance[, or drug paraphernalia].
(25) "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance [other than marihuana,] directly or
indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes the packaging or
repackaging of the substance or labeling or relabeling of its
container. However, the term does not include the preparation,
compounding, packaging, or labeling of a controlled substance:
(A) by a practitioner as an incident to the
practitioner's administering or dispensing a controlled substance
in the course of professional practice; or
(B) by a practitioner, or by an authorized agent
under the supervision of the practitioner, for or as an incident to
research, teaching, or chemical analysis and not for delivery.
SECTION 27. Section 481.062, Health and Safety Code, is
amended to read as follows:
Sec. 481.062. EXEMPTIONS. [(a)] The following persons may
possess a controlled substance under this chapter without
registering with the Federal Drug Enforcement Administration:
(1) an agent or employee of a manufacturer,
distributor, analyzer, or dispenser of the controlled substance who
is registered with the Federal Drug Enforcement Administration and
acting in the usual course of business or employment;
(2) a common or contract carrier, a warehouseman, or
an employee of a carrier or warehouseman whose possession of the
controlled substance is in the usual course of business or
employment;
(3) an ultimate user or a person in possession of the
controlled substance under a lawful order of a practitioner or in
lawful possession of the controlled substance if it is listed in
Schedule V; or
(4) an officer or employee of this state, another
state, a political subdivision of this state or another state, or
the United States who is lawfully engaged in the enforcement of a
law relating to a controlled substance or drug or to a customs law
and authorized to possess the controlled substance in the discharge
of the person's official duties[;
[(5) if the substance is tetrahydrocannabinol or one
of its derivatives:
[(A) a Department of State Health Services
official, a medical school researcher, or a research program
participant possessing the substance as authorized under
Subchapter G; or
[(B) a practitioner or an ultimate user
possessing the substance as a participant in a federally approved
therapeutic research program that the commissioner has reviewed and
found, in writing, to contain a medically responsible research
protocol; or
[(6) a dispensing organization licensed under Chapter
487 that possesses low-THC cannabis].
SECTION 28. Section 481.103(a), Health and Safety Code, is
amended to read as follows:
(a) Penalty Group 2 consists of:
(1) any quantity of the following hallucinogenic
substances, their salts, isomers, and salts of isomers, unless
specifically excepted, if the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other names: 2,
5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol,
D2PM);
Dronabinol (synthetic) in sesame oil and encapsulated in a
soft gelatin capsule in a U.S. Food and Drug Administration
approved drug product (some trade or other names for Dronabinol:
(a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
(trans)- tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
PCE);
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or
other name: methoxetamine);
Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8,
9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1',
2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
5-iodo-2-aminoindane (5-IAI);
Mescaline;
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some
trade and other names: 2-MeO-ketamine; methoxyketamine);
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade and other
names: 4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine;
"DOM"; "STP");
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl
MDA);
5,6-methylenedioxy-2-aminoindane (MDAI);
Nabilone (Another name for nabilone: (+)-trans-
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
N-benzylpiperazine (some trade or other names: BZP;
1-benzylpiperazine);
N-ethyl-3-piperidyl benzilate;
N-hydroxy-3,4-methylenedioxyamphetamine (Also known as
N-hydroxy MDA);
4-methylaminorex;
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names: 3-Hexyl-1- hydroxy-7,
8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran;
Synhexyl);
1-Phenylcyclohexylamine;
1-Piperidinocyclohexanecarbonitrile (PCC);
Pyrrolidine Analog of Phencyclidine (some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
[Tetrahydrocannabinols, other than marihuana, and synthetic
equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, or synthetic substances,
derivatives, and their isomers with similar chemical structure and
pharmacological activity such as:
[delta-1 cis or trans tetrahydrocannabinol, and their
optical isomers;
[delta-6 cis or trans tetrahydrocannabinol, and their
optical isomers;
[delta-3, 4 cis or trans tetrahydrocannabinol, and its
optical isomers; or
[compounds of these structures, regardless of numerical
designation of atomic positions, since nomenclature of these
substances is not internationally standardized;]
Thiophene Analog of Phencyclidine (some trade or other names:
1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of
Phencyclidine; TPCP, TCP);
1-pyrrolidine (some trade or other name: TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or other name:
TFMPP); and
3,4,5-trimethoxy amphetamine;
(2) Phenylacetone (some trade or other names:
Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
ketone);
(3) unless specifically excepted or unless listed in
another Penalty Group, a material, compound, mixture, or
preparation that contains any quantity of the following substances
having a potential for abuse associated with a depressant or
stimulant effect on the central nervous system:
Aminorex (some trade or other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
phenyl-2-oxazolamine);
Amphetamine, its salts, optical isomers, and salts of optical
isomers;
Cathinone (some trade or other names: 2-amino-1-
phenyl-1-propanone, alpha-aminopropiophenone, 2-
aminopropiophenone);
Etaqualone and its salts;
Etorphine Hydrochloride;
Fenethylline and its salts;
Lisdexamfetamine, including its salts, isomers, and salts of
isomers;
Mecloqualone and its salts;
Methaqualone and its salts;
Methcathinone (some trade or other names: 2-
methylamino-propiophenone; alpha-(methylamino)propriophenone;
2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropriophenone; monomethylpropion; ephedrone, N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
1431);
N-Ethylamphetamine, its salts, optical isomers, and salts of
optical isomers; and
N,N-dimethylamphetamine (some trade or other names:
N,N,alpha-trimethylbenzeneethanamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
and salts of optical isomers;
(4) any compound structurally derived from
2-aminopropanal by substitution at the 1-position with any
monocyclic or fused-polycyclic ring system, including:
(A) compounds further modified by:
(i) substitution in the ring system to any
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents), whether or not further substituted in the
ring system by other substituents;
(ii) substitution at the 3-position with an
alkyl substituent; or
(iii) substitution at the 2-amino nitrogen
atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
inclusion of the 2-amino nitrogen atom in a cyclic structure; and
(B) by example, compounds such as:
4-Methylmethcathinone (Also known as
Mephedrone);
3,4-Dimethylmethcathinone (Also known as
3,4-DMMC);
3-Fluoromethcathinone (Also known as 3-FMC);
4-Fluoromethcathinone (Also known as
Flephedrone);
3,4-Methylenedioxy-N-methylcathinone (Also
known as Methylone);
3,4-Methylenedioxypyrovalerone (Also known
as MDPV);
alpha-Pyrrolidinopentiophenone (Also known
as alpha-PVP);
Naphthylpyrovalerone (Also known as
Naphyrone);
alpha-Methylamino-valerophenone (Also known
as Pentedrone);
beta-Keto-N-methylbenzodioxolylpropylamine
(Also known as Butylone);
beta-Keto-N-methylbenzodioxolylpentanamine
(Also known as Pentylone);
beta-Keto-Ethylbenzodioxolylbutanamine
(Also known as Eutylone); and
3,4-methylenedioxy-N-ethylcathinone (Also
known as Ethylone);
(5) any compound structurally derived from tryptamine
(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A) by modification in any of the following ways:
(i) by substitution at the amine nitrogen
atom of the sidechain to any extent with alkyl or alkenyl groups or
by inclusion of the amine nitrogen atom of the side chain (and no
other atoms of the side chain) in a cyclic structure;
(ii) by substitution at the carbon atom
adjacent to the nitrogen atom of the side chain (alpha-position)
with an alkyl or alkenyl group;
(iii) by substitution in the 6-membered
ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
alkylenedioxy, or halide substituents; or
(iv) by substitution at the 2-position of
the tryptamine ring system with an alkyl substituent; and
(B) including:
(i) ethers and esters of the controlled
substances listed in this subdivision; and
(ii) by example, compounds such as:
alpha-ethyltryptamine;
alpha-methyltryptamine;
Bufotenine (some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
5-hydroxy-N, N- dimethyltryptamine; mappine);
Diethyltryptamine (some trade and other
names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name:
DMT);
5-methoxy-N, N-diisopropyltryptamine
(5-MeO-DiPT);
O-Acetylpsilocin (Trade or other name:
4-Aco-DMT);
Psilocin; and
Psilocybin;
(6) 2,5-Dimethoxyphenethylamine and any compound
structurally derived from 2,5-Dimethoxyphenethylamine by
substitution at the 4-position of the phenyl ring to any extent
(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents), including, by example, compounds such as:
4-Bromo-2,5-dimethoxyphenethylamine (trade or other name:
2C-B);
4-Chloro-2,5-dimethoxyphenethylamine (trade or other name:
2C-C);
2,5-Dimethoxy-4-methylphenethylamine (trade or other name:
2C-D);
4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name:
2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (trade or other name:
2C-I);
2,5-Dimethoxy-4-nitrophenethylamine (trade or other name:
2C-N);
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other
name: 2C-P);
4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other
name: 2C-T-2);
4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other
name: 2C-T-4); and
2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or
other name: 2C-T-7); and
(7) 2,5-Dimethoxyamphetamine and any compound
structurally derived from 2,5-Dimethoxyamphetamine by substitution
at the 4-position of the phenyl ring to any extent (including alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
including, by example, compounds such as:
4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name:
Aleph-2);
4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other
name: Aleph-4);
4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);
4-Chloro-2,5-dimethoxyamphetamine (trade or other name:
DOC);
2,5-Dimethoxy-4-ethylamphetamine (trade or other name:
DOET);
4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);
2,5-Dimethoxy-4-methylamphetamine (trade or other name:
DOM);
2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);
4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name:
DOIP); and
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name:
DOPR).
SECTION 29. The heading to Section 481.113, Health and
Safety Code, is amended to read as follows:
Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF
SUBSTANCE IN PENALTY GROUP 2 [OR 2-A].
SECTION 30. Section 481.113(a), Health and Safety Code, is
amended to read as follows:
(a) Except as authorized by this chapter, a person commits
an offense if the person knowingly manufactures, delivers, or
possesses with intent to deliver a controlled substance listed in
Penalty Group 2 [or 2-A].
SECTION 31. Section 481.115(h), Health and Safety Code, is
amended to read as follows:
(h) The defense to prosecution provided by Subsection (g) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.1151(b)(1),
481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
[or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
[481.125(a),] 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.1151(c), 481.116(f), [481.1161(c),]
481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 32. Section 481.1151(d), Health and Safety Code, is
amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
[or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
[481.125(a),] 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.116(f), [481.1161(c),]
481.117(f), 481.118(f), 481.119(c),[481.121(c), 481.125(g),]
483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 33. Section 481.116(g), Health and Safety Code, is
amended to read as follows:
(g) The defense to prosecution provided by Subsection (f) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), [481.1161(b)(1) or (2),] 481.117(b), or
481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), [481.1161(c),]
481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 34. Section 481.117(g), Health and Safety Code, is
amended to read as follows:
(g) The defense to prosecution provided by Subsection (f) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
[481.1161(c),] 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 35. Section 481.118(g), Health and Safety Code, is
amended to read as follows:
(g) The defense to prosecution provided by Subsection (f) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
481.117(b), [or 481.121(b)(1) or (2),] or an offense under Section
481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
[481.1161(c),] 481.117(f), 481.119(c), [481.121(c), 481.125(g),]
483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 36. Section 481.119(d), Health and Safety Code, is
amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
Section [481.125(a),] 483.041(a)[,] or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 483 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
[481.1161(c),] 481.117(f), 481.118(f), [481.121(c), 481.125(g),]
483.041(e), or 485.031(c); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 37. The heading to Section 481.122, Health and
Safety Code, is amended to read as follows:
Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR
MARIHUANA] TO CHILD.
SECTION 38. Sections 481.122(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A person commits an offense if the person knowingly
delivers a controlled substance listed in Penalty Group 1, 1-A,
1-B, 2, or 3 [or knowingly delivers marihuana] and the person
delivers the controlled substance [or marihuana] to a person:
(1) who is a child;
(2) who is enrolled in a public or private primary or
secondary school; or
(3) who the actor knows or believes intends to deliver
the controlled substance [or marihuana] to a person described by
Subdivision (1) or (2).
(b) It is an affirmative defense to prosecution under this
section that[:
[(1)] the actor was a child when the offense was
committed[; or
[(2) the actor:
[(A) was younger than 21 years of age when the
offense was committed;
[(B) delivered only marihuana in an amount equal
to or less than one-fourth ounce; and
[(C) did not receive remuneration for the
delivery].
SECTION 39. Section 481.126, Health and Safety Code, is
amended to read as follows:
Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
INVESTMENT. (a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life; or
(2) [barters property or expends funds the person
knows are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(5);
[(3)] barters property or finances or invests funds
the person knows or believes are intended to further the commission
of an offense for which the punishment is described by Subdivision
(1)[; or
[(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(5)].
(b) An offense under this section [Subsection (a)(1) or (3)]
is a felony of the first degree. [An offense under Subsection
(a)(2) or (4) is a felony of the second degree.]
SECTION 40. Section 481.133(c), Health and Safety Code, is
amended to read as follows:
(c) In this section, "drug test" means a lawfully
administered test designed to detect the presence of a controlled
substance [or marihuana].
SECTION 41. Sections 481.134(b) and (c), Health and Safety
Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540),
Acts of the 87th Legislature, Regular Session, 2021, are reenacted
and amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.1121, 481.1123, 481.113, or 481.114[, or
481.120] is punishable as a felony of the third degree, an offense
otherwise punishable as a felony of the third degree under any of
those sections is punishable as a felony of the second degree, and
an offense otherwise punishable as a felony of the second degree
under any of those sections is punishable as a felony of the first
degree, if it is shown at the punishment phase of the trial of the
offense that the offense was committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground;
(2) in, on, or within 300 feet of the premises of a
public swimming pool or video arcade facility; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
[481.1161(b)(4), (5), or (6),] 481.117(c), (d), or (e), or
481.118(c), (d), or (e)[, 481.120(b)(4), (5), or (6), or
481.121(b)(4), (5), or (6)] is increased by five years and the
maximum fine for the offense is doubled if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 42. Sections 481.134(d), (e), and (f), Health and
Safety Code, are amended to read as follows:
(d) An offense otherwise punishable under Section
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
481.1151(b)(1), or 481.116(b)[, 481.1161(b)(3), 481.120(b)(3), or
481.121(b)(3)] is a felony of the third degree if it is shown on the
trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(e) An offense otherwise punishable under Section
481.117(b) or [,] 481.119(a)[, 481.120(b)(2), or 481.121(b)(2)] is
a state jail felony if it is shown on the trial of the offense that
the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(f) An offense otherwise punishable under Section
481.118(b) or [,] 481.119(b)[, 481.120(b)(1), or 481.121(b)(1)] is
a Class A misdemeanor if it is shown on the trial of the offense that
the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 43. Section 481.140(a), Health and Safety Code, is
amended to read as follows:
(a) If it is shown at the punishment phase of the trial of an
offense otherwise punishable as a state jail felony, felony of the
third degree, or felony of the second degree under Section 481.112,
481.1121, 481.1123, 481.113, 481.114, [481.120,] or 481.122 that
the defendant used or attempted to use a child younger than 18 years
of age to commit or assist in the commission of the offense, the
punishment is increased by one degree, unless the defendant used or
threatened to use force against the child or another to gain the
child's assistance, in which event the punishment for the offense
is a felony of the first degree.
SECTION 44. Section 481.151(1), Health and Safety Code, is
amended to read as follows:
(1) "Controlled substance property" means a
controlled substance, mixture containing a controlled substance,
controlled substance analogue, counterfeit controlled substance,
[drug paraphernalia,] chemical precursor, chemical laboratory
apparatus, or raw material.
SECTION 45. Section 483.041(f), Health and Safety Code, is
amended to read as follows:
(f) The defense to prosecution provided by Subsection (e) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
Section 481.119(b)[, 481.125(a),] or 485.031(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 481 or 485;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
[481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
481.125(g),] or 485.031(c); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 46. Section 485.031(d), Health and Safety Code, is
amended to read as follows:
(d) The defense to prosecution provided by Subsection (c) is
not available if:
(1) at the time the request for emergency medical
assistance was made:
(A) a peace officer was in the process of
arresting the actor or executing a search warrant describing the
actor or the place from which the request for medical assistance was
made; or
(B) the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
Section 481.119(b)[, 481.125(a),] or 483.041(a);
(2) the actor has been previously convicted of or
placed on deferred adjudication community supervision for an
offense under this chapter or Chapter 481 or 483;
(3) the actor was acquitted in a previous proceeding
in which the actor successfully established the defense under that
subsection or Section 481.115(g), 481.1151(c), 481.116(f),
[481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
481.125(g),] or 483.041(e); or
(4) at any time during the 18-month period preceding
the date of the commission of the instant offense, the actor
requested emergency medical assistance in response to the possible
overdose of the actor or another person.
SECTION 47. Section 31.0031(d), Human Resources Code, is
amended to read as follows:
(d) The responsibility agreement shall require that:
(1) the parent of a dependent child cooperate with the
commission and the Title IV-D agency if necessary to establish the
paternity of the dependent child and to establish or enforce child
support;
(2) if adequate and accessible providers of the
services are available in the geographic area and subject to the
availability of funds, each dependent child, as appropriate,
complete early and periodic screening, diagnosis, and treatment
checkups on schedule and receive the immunization series prescribed
by Section 161.004, Health and Safety Code, unless the child is
exempt under that section;
(3) each adult recipient, or teen parent recipient who
has completed the requirements regarding school attendance in
Subdivision (6), not voluntarily terminate paid employment of at
least 30 hours each week without good cause in accordance with rules
adopted by the executive commissioner;
(4) each adult recipient for whom a needs assessment
is conducted participate in an activity to enable that person to
become self-sufficient by:
(A) continuing the person's education or
becoming literate;
(B) entering a job placement or employment skills
training program;
(C) serving as a volunteer in the person's
community; or
(D) serving in a community work program or other
work program approved by the commission;
(5) each caretaker relative or parent receiving
assistance not use, sell, or possess [marihuana or] a controlled
substance in violation of Chapter 481, Health and Safety Code, or
abuse alcohol;
(6) each dependent child younger than 18 years of age
or teen parent younger than 19 years of age attend school regularly,
unless the child has a high school diploma or high school
equivalency certificate or is specifically exempted from school
attendance under Section 25.086, Education Code;
(7) each recipient comply with commission rules
regarding proof of school attendance; and
(8) each recipient attend appropriate parenting
skills training classes, as determined by the needs assessment.
SECTION 48. Section 1355.006, Insurance Code, is amended to
read as follows:
Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. (a) In this
section, "controlled substance" has [and "marihuana" have] the
meaning [meanings] assigned by Section 481.002, Health and Safety
Code.
(b) This subchapter does not require a group health benefit
plan to provide coverage for the treatment of:
(1) addiction to a controlled substance [or marihuana]
that is used in violation of law; or
(2) mental illness that results from the use of a
controlled substance [or marihuana] in violation of law.
SECTION 49. Section 551.004(a), Occupations Code, is
amended to read as follows:
(a) This subtitle does not apply to:
(1) a practitioner licensed by the appropriate state
board who supplies a patient of the practitioner with a drug in a
manner authorized by state or federal law and who does not operate a
pharmacy for the retailing of prescription drugs;
(2) a member of the faculty of a college of pharmacy
recognized by the board who is a pharmacist and who performs the
pharmacist's services only for the benefit of the college;
(3) a person who procures prescription drugs for
lawful research, teaching, or testing and not for resale; or
(4) a home and community support services agency that
possesses a dangerous drug as authorized by Section 142.0061,
142.0062, or 142.0063, Health and Safety Code[; or
[(5) a dispensing organization, as defined by Section
487.001, Health and Safety Code, that cultivates, processes, and
dispenses low-THC cannabis, as authorized by Chapter 487, Health
and Safety Code, to a patient listed in the compassionate-use
registry established under that chapter].
SECTION 50. Section 71.023(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, as part of the
identifiable leadership of a criminal street gang, knowingly
finances, directs, or supervises the commission of, or a conspiracy
to commit, one or more of the following offenses by members of a
criminal street gang:
(1) a felony offense that is listed in Article
42A.054(a), Code of Criminal Procedure;
(2) a felony offense for which it is shown that a
deadly weapon, as defined by Section 1.07, was used or exhibited
during the commission of the offense or during immediate flight
from the commission of the offense; or
(3) an offense that is punishable under Section
481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), or
481.115(f), [or 481.120(b)(6),] Health and Safety Code.
SECTION 51. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 52. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 53. This Act takes effect September 1, 2023.