Texas 2023 - 88th Regular

Texas House Bill HB3620 Compare Versions

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Version 2 (New)

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1	1	88R11703 JSC-D
2	2	By: Rosenthal H.B. No. 3620
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to repealing certain offenses and removing certain
8	8	regulations relating to marihuana, cannabis, cannabinoids,
9	9	synthetic cannabinoids, and paraphernalia.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The following provisions are repealed:
12	12	(1) Section 122.103(c), Agriculture Code;
13	13	(2) Section 122.358, Agriculture Code;
14	14	(3) Sections 69.06(e) and 104.01(c), Alcoholic
15	15	Beverage Code;
16	16	(4) Article 13.22, Code of Criminal Procedure;
17	17	(5) Sections 443.202(a) and 443.2025(a), Health and
18	18	Safety Code;
19	19	(6) Section 481.002(17), Health and Safety Code;
20	20	(7) Section 481.1031, Health and Safety Code;
21	21	(8) Sections 481.111(c), (e), and (f), Health and
22	22	Safety Code;
23	23	(9) Sections 481.1131, 481.1161, 481.120, 481.121,
24	24	481.125, and 481.183, Health and Safety Code;
25	25	(10) Subchapter G, Chapter 481, Health and Safety
26	26	Code;
27	27	(11) Chapter 487, Health and Safety Code; and
28	28	(12) Chapter 169, Occupations Code.
29	29	SECTION 2. Section 122.354, Agriculture Code, is amended to
30	30	read as follows:
31	31	Sec. 122.354. DEPARTMENT RULES. The department, in
32	32	consultation with the Department of Public Safety, shall adopt
33	33	rules regulating the transportation of hemp in this state [to
34	34	ensure that illegal marihuana is not transported into or through
35	35	this state disguised as legal hemp].
36	36	SECTION 3. Section 69.06(a), Alcoholic Beverage Code, is
37	37	amended to read as follows:
38	38	(a) The commission shall deny an original application for a
39	39	retail dealer's on-premise license if the commission finds that the
40	40	applicant or the applicant's spouse, during the five years
41	41	immediately preceding the application, was finally convicted of a
42	42	felony or one of the following offenses:
43	43	(1) prostitution or solicitation of prostitution;
44	44	(2) a vagrancy offense involving moral turpitude;
45	45	(3) bookmaking;
46	46	(4) gambling or gaming;
47	47	(5) an offense involving controlled substances as
48	48	defined in the Texas Controlled Substances Act, including [an
49	49	offense involving a synthetic cannabinoid, or] an offense involving
50	50	other dangerous drugs;
51	51	(6) a violation of this code resulting in the
52	52	cancellation of a license or permit, or a fine of not less than
53	53	$500;
54	54	(7) more than three violations of this code relating
55	55	to minors;
56	56	(8) bootlegging; or
57	57	(9) an offense involving firearms or a deadly weapon.
58	58	SECTION 4. Section 104.01(a), Alcoholic Beverage Code, is
59	59	amended to read as follows:
60	60	(a) A person authorized to sell malt beverages at retail, or
61	61	the person's agent, servant, or employee, may not engage in or
62	62	permit conduct on the premises of the retailer which is lewd,
63	63	immoral, or offensive to public decency, including any of the
64	64	following acts:
65	65	(1) the use of loud and vociferous or obscene, vulgar,
66	66	or indecent language, or permitting its use;
67	67	(2) the exposure of a person or permitting a person to
68	68	expose himself or herself;
69	69	(3) rudely displaying or permitting a person to rudely
70	70	display a pistol or other deadly weapon in a manner calculated to
71	71	disturb persons in the retail establishment;
72	72	(4) solicitation of any person to buy drinks for
73	73	consumption by the retailer or any of the retailer's employees;
74	74	(5) being intoxicated on the licensed premises;
75	75	(6) permitting lewd or vulgar entertainment or acts;
76	76	(7) permitting solicitations of persons for immoral or
77	77	sexual purposes;
78	78	(8) failing or refusing to comply with state or
79	79	municipal health or sanitary laws or ordinances; or
80	80	(9) possession of a narcotic [or synthetic
81	81	cannabinoid] or any equipment used or designed for the
82	82	administering of a narcotic [or a synthetic cannabinoid] or
83	83	permitting a person on the licensed premises to do so.
84	84	SECTION 5. Article 14.06(d), Code of Criminal Procedure, is
85	85	amended to read as follows:
86	86	(d) Subsection (c) applies only to a person charged with
87	87	committing an offense under:
88	88	(1) [Section 481.121, Health and Safety Code, if the
89	89	offense is punishable under Subsection (b)(1) or (2) of that
90	90	section;
91	91	[(1-a)] Section 481.1161, Health and Safety Code, if
92	92	the offense is punishable under Subsection (b)(1) or (2) of that
93	93	section;
94	94	(2) Section 28.03, Penal Code, if the offense is
95	95	punishable under Subsection (b)(2) of that section;
96	96	(3) Section 28.08, Penal Code, if the offense is
97	97	punishable under Subsection (b)(2) or (3) of that section;
98	98	(4) Section 31.03, Penal Code, if the offense is
99	99	punishable under Subsection (e)(2)(A) of that section;
100	100	(5) Section 31.04, Penal Code, if the offense is
101	101	punishable under Subsection (e)(2) of that section;
102	102	(6) Section 38.114, Penal Code, if the offense is
103	103	punishable as a Class B misdemeanor; or
104	104	(7) Section 521.457, Transportation Code.
105	105	SECTION 6. Article 15.27(h), Code of Criminal Procedure, is
106	106	amended to read as follows:
107	107	(h) This article applies to any felony offense and the
108	108	following misdemeanors:
109	109	(1) an offense under Section 20.02, 21.08, 22.01,
110	110	22.05, 22.07, or 71.02, Penal Code;
111	111	(2) the unlawful use, sale, or possession of a
112	112	controlled substance[, drug paraphernalia, or marihuana], as
113	113	defined by Chapter 481, Health and Safety Code; or
114	114	(3) the unlawful possession of any of the weapons or
115	115	devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
116	116	weapon listed as a prohibited weapon under Section 46.05, Penal
117	117	Code.
118	118	SECTION 7. Article 18A.101, Code of Criminal Procedure, is
119	119	amended to read as follows:
120	120	Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
121	121	ISSUED. A judge of competent jurisdiction may issue an
122	122	interception order only if the prosecutor applying for the order
123	123	shows probable cause to believe that the interception will provide
124	124	evidence of the commission of:
125	125	(1) a felony under any of the following provisions of
126	126	the Health and Safety Code:
127	127	(A) Chapter 481[, other than felony possession of
128	128	marihuana];
129	129	(B) Chapter 483; or
130	130	(C) Section 485.032;
131	131	(2) an offense under any of the following provisions
132	132	of the Penal Code:
133	133	(A) Section 19.02;
134	134	(B) Section 19.03;
135	135	(C) Section 20.03;
136	136	(D) Section 20.04;
137	137	(E) Chapter 20A;
138	138	(F) Chapter 34, if the criminal activity giving
139	139	rise to the proceeds involves the commission of an offense under
140	140	Title 5, Penal Code, or an offense under federal law or the laws of
141	141	another state containing elements that are substantially similar to
142	142	the elements of an offense under Title 5;
143	143	(G) Section 38.11;
144	144	(H) Section 43.04;
145	145	(I) Section 43.041;
146	146	(J) Section 43.05; or
147	147	(K) Section 43.26; or
148	148	(3) an attempt, conspiracy, or solicitation to commit
149	149	an offense listed in Subdivision (1) or (2).
150	150	SECTION 8. Article 42A.301(b), Code of Criminal Procedure,
151	151	is amended to read as follows:
152	152	(b) Conditions of community supervision may include
153	153	conditions requiring the defendant to:
154	154	(1) commit no offense against the laws of this state or
155	155	of any other state or of the United States;
156	156	(2) avoid injurious or vicious habits;
157	157	(3) report to the supervision officer as directed by
158	158	the judge or supervision officer and obey all rules and regulations
159	159	of the community supervision and corrections department;
160	160	(4) permit the supervision officer to visit the
161	161	defendant at the defendant's home or elsewhere;
162	162	(5) work faithfully at suitable employment to the
163	163	extent possible;
164	164	(6) remain within a specified place;
165	165	(7) pay in one or more amounts:
166	166	(A) the defendant's fine, if one is assessed; and
167	167	(B) all court costs, regardless of whether a fine
168	168	is assessed;
169	169	(8) support the defendant's dependents;
170	170	(9) participate, for a period specified by the judge,
171	171	in any community-based program, including a community service
172	172	project under Article 42A.304;
173	173	(10) if the judge determines that the defendant has
174	174	financial resources that enable the defendant to offset in part or
175	175	in whole the costs of the legal services provided to the defendant
176	176	in accordance with Article 1.051(c) or (d), including any expenses
177	177	and costs, reimburse the county in which the prosecution was
178	178	instituted for the costs of the legal services in an amount that the
179	179	judge finds the defendant is able to pay, except that the defendant
180	180	may not be ordered to pay an amount that exceeds:
181	181	(A) the actual costs, including any expenses and
182	182	costs, paid by the county for the legal services provided by an
183	183	appointed attorney; or
184	184	(B) if the defendant was represented by a public
185	185	defender's office, the actual amount, including any expenses and
186	186	costs, that would have otherwise been paid to an appointed attorney
187	187	had the county not had a public defender's office;
188	188	(11) if under custodial supervision in a community
189	189	corrections facility:
190	190	(A) remain under that supervision;
191	191	(B) obey all rules and regulations of the
192	192	facility; and
193	193	(C) pay a percentage of the defendant's income to
194	194	the facility for room and board;
195	195	(12) submit to testing for alcohol or controlled
196	196	substances;
197	197	(13) attend counseling sessions for substance abusers
198	198	or participate in substance abuse treatment services in a program
199	199	or facility approved or licensed by the Department of State Health
200	200	Services;
201	201	(14) with the consent of the victim of a misdemeanor
202	202	offense or of any offense under Title 7, Penal Code, participate in
203	203	victim-defendant mediation;
204	204	(15) submit to electronic monitoring;
205	205	(16) reimburse the compensation to victims of crime
206	206	fund for any amounts paid from that fund to or on behalf of a victim,
207	207	as defined by Article 56B.003, of the offense or if no reimbursement
208	208	is required, make one payment to the compensation to victims of
209	209	crime fund in an amount not to exceed $50 if the offense is a
210	210	misdemeanor or not to exceed $100 if the offense is a felony;
211	211	(17) reimburse a law enforcement agency for the
212	212	analysis, storage, or disposal of raw materials, controlled
213	213	substances, chemical precursors, [drug paraphernalia,] or other
214	214	materials seized in connection with the offense;
215	215	(18) reimburse all or part of the reasonable and
216	216	necessary costs incurred by the victim for psychological counseling
217	217	made necessary by the offense or for counseling and education
218	218	relating to acquired immune deficiency syndrome or human
219	219	immunodeficiency virus made necessary by the offense;
220	220	(19) pay a fine in an amount not to exceed $50 to a
221	221	crime stoppers organization, as defined by Section 414.001,
222	222	Government Code, and as certified by the Texas Crime Stoppers
223	223	Council;
224	224	(20) submit a DNA sample to the Department of Public
225	225	Safety under Subchapter G, Chapter 411, Government Code, for the
226	226	purpose of creating a DNA record of the defendant; and
227	227	(21) in any manner required by the judge, provide in
228	228	the county in which the offense was committed public notice of the
229	229	offense for which the defendant was placed on community
230	230	supervision.
231	231	SECTION 9. Article 42A.514(a), Code of Criminal Procedure,
232	232	is amended to read as follows:
233	233	(a) If a judge grants community supervision to a defendant
234	234	younger than 18 years of age convicted of an alcohol-related
235	235	offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
236	236	106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
237	237	an offense involving possession of a controlled substance [or
238	238	marihuana] under Section 481.115, 481.1151, 481.116, [481.1161,]
239	239	481.117, or 481.118, [or 481.121,] Health and Safety Code, the
240	240	judge may require the defendant as a condition of community
241	241	supervision to successfully complete, as appropriate:
242	242	(1) an alcohol awareness program under Section
243	243	106.115, Alcoholic Beverage Code, that is regulated by the Texas
244	244	Department of Licensing and Regulation under Chapter 171,
245	245	Government Code; or
246	246	(2) a drug education program that is designed to
247	247	educate persons on the dangers of drug abuse in accordance with
248	248	Section 521.374(a)(1), Transportation Code, and that is regulated
249	249	by the Texas Department of Licensing and Regulation under Chapter
250	250	171, Government Code.
251	251	SECTION 10. Articles 42A.551(a) and (c), Code of Criminal
252	252	Procedure, are amended to read as follows:
253	253	(a) Except as otherwise provided by Subsection (b) or (c),
254	254	on conviction of a state jail felony under Section 481.115(b),
255	255	481.1151(b)(1), 481.116(b), [481.1161(b)(3), 481.121(b)(3),] or
256	256	481.129(g)(1), Health and Safety Code, that is punished under
257	257	Section 12.35(a), Penal Code, the judge shall suspend the
258	258	imposition of the sentence and place the defendant on community
259	259	supervision.
260	260	(c) Subsection (a) does not apply to a defendant who[:
261	261	[(1)] under Section 481.1151(b)(1), Health and Safety
262	262	Code, possessed more than five abuse units of the controlled
263	263	substance[;
264	264	[(2) under Section 481.1161(b)(3), Health and Safety
265	265	Code, possessed more than one pound, by aggregate weight, including
266	266	adulterants or dilutants, of the controlled substance; or
267	267	[(3) under Section 481.121(b)(3), Health and Safety
268	268	Code, possessed more than one pound of marihuana].
269	269	SECTION 11. Article 42A.555(a), Code of Criminal Procedure,
270	270	is amended to read as follows:
271	271	(a) A judge assessing punishment in a state jail felony case
272	272	may impose as a condition of community supervision that a defendant
273	273	submit at the beginning of the period of community supervision to a
274	274	term of confinement in a state jail felony facility for a term of:
275	275	(1) not less than 90 days or more than 180 days; or
276	276	(2) not less than 90 days or more than one year, if the
277	277	defendant is convicted of an offense punishable as a state jail
278	278	felony under Section 481.112, 481.1121, or 481.113, [or 481.120,]
279	279	Health and Safety Code.
280	280	SECTION 12. Section 37.005(c), Education Code, is amended
281	281	to read as follows:
282	282	(c) A student who is enrolled in a grade level below grade
283	283	three may not be placed in out-of-school suspension unless while on
284	284	school property or while attending a school-sponsored or
285	285	school-related activity on or off of school property, the student
286	286	engages in:
287	287	(1) conduct that contains the elements of an offense
288	288	related to weapons under Section 46.02 or 46.05, Penal Code;
289	289	(2) conduct that contains the elements of a violent
290	290	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
291	291	or
292	292	(3) selling, giving, or delivering to another person
293	293	or possessing, using, or being under the influence of any amount of:
294	294	(A) [marihuana or] a controlled substance, as
295	295	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
296	296	Section 801 et seq.;
297	297	(B) a dangerous drug, as defined by Chapter 483,
298	298	Health and Safety Code; or
299	299	(C) an alcoholic beverage, as defined by Section
300	300	1.04, Alcoholic Beverage Code.
301	301	SECTION 13. Section 37.006(a), Education Code, is amended
302	302	to read as follows:
303	303	(a) A student shall be removed from class and placed in a
304	304	disciplinary alternative education program as provided by Section
305	305	37.008 if the student:
306	306	(1) engages in conduct involving a public school that
307	307	contains the elements of the offense of false alarm or report under
308	308	Section 42.06, Penal Code, or terroristic threat under Section
309	309	22.07, Penal Code; or
310	310	(2) commits the following on or within 300 feet of
311	311	school property, as measured from any point on the school's real
312	312	property boundary line, or while attending a school-sponsored or
313	313	school-related activity on or off of school property:
314	314	(A) engages in conduct punishable as a felony;
315	315	(B) engages in conduct that contains the elements
316	316	of the offense of assault under Section 22.01(a)(1), Penal Code;
317	317	(C) sells, gives, or delivers to another person
318	318	or possesses or uses or is under the influence of:
319	319	(i) [marihuana or] a controlled substance,
320	320	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
321	321	Section 801 et seq.; or
322	322	(ii) a dangerous drug, as defined by
323	323	Chapter 483, Health and Safety Code;
324	324	(D) sells, gives, or delivers to another person
325	325	an alcoholic beverage, as defined by Section 1.04, Alcoholic
326	326	Beverage Code, commits a serious act or offense while under the
327	327	influence of alcohol, or possesses, uses, or is under the influence
328	328	of an alcoholic beverage;
329	329	(E) engages in conduct that contains the elements
330	330	of an offense relating to an abusable volatile chemical under
331	331	Sections 485.031 through 485.034, Health and Safety Code;
332	332	(F) engages in conduct that contains the elements
333	333	of the offense of public lewdness under Section 21.07, Penal Code,
334	334	or indecent exposure under Section 21.08, Penal Code; or
335	335	(G) engages in conduct that contains the elements
336	336	of the offense of harassment under Section 42.07(a)(1), (2), (3),
337	337	or (7), Penal Code, against an employee of the school district.
338	338	SECTION 14. Section 37.007(b), Education Code, is amended
339	339	to read as follows:
340	340	(b) A student may be expelled if the student:
341	341	(1) engages in conduct involving a public school that
342	342	contains the elements of the offense of false alarm or report under
343	343	Section 42.06, Penal Code, or terroristic threat under Section
344	344	22.07, Penal Code;
345	345	(2) while on or within 300 feet of school property, as
346	346	measured from any point on the school's real property boundary
347	347	line, or while attending a school-sponsored or school-related
348	348	activity on or off of school property:
349	349	(A) sells, gives, or delivers to another person
350	350	or possesses, uses, or is under the influence of any amount of:
351	351	(i) [marihuana or] a controlled substance,
352	352	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
353	353	Section 801 et seq.;
354	354	(ii) a dangerous drug, as defined by
355	355	Chapter 483, Health and Safety Code; or
356	356	(iii) an alcoholic beverage, as defined by
357	357	Section 1.04, Alcoholic Beverage Code;
358	358	(B) engages in conduct that contains the elements
359	359	of an offense relating to an abusable volatile chemical under
360	360	Sections 485.031 through 485.034, Health and Safety Code;
361	361	(C) engages in conduct that contains the elements
362	362	of an offense under Section 22.01(a)(1), Penal Code, against a
363	363	school district employee or a volunteer as defined by Section
364	364	22.053; or
365	365	(D) engages in conduct that contains the elements
366	366	of the offense of deadly conduct under Section 22.05, Penal Code;
367	367	(3) subject to Subsection (d), while within 300 feet
368	368	of school property, as measured from any point on the school's real
369	369	property boundary line:
370	370	(A) engages in conduct specified by Subsection
371	371	(a); or
372	372	(B) possesses a firearm, as defined by 18 U.S.C.
373	373	Section 921;
374	374	(4) engages in conduct that contains the elements of
375	375	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
376	376	aggravated robbery under Section 29.03, Penal Code, against another
377	377	student, without regard to whether the conduct occurs on or off of
378	378	school property or while attending a school-sponsored or
379	379	school-related activity on or off of school property; or
380	380	(5) engages in conduct that contains the elements of
381	381	the offense of breach of computer security under Section 33.02,
382	382	Penal Code, if:
383	383	(A) the conduct involves accessing a computer,
384	384	computer network, or computer system owned by or operated on behalf
385	385	of a school district; and
386	386	(B) the student knowingly:
387	387	(i) alters, damages, or deletes school
388	388	district property or information; or
389	389	(ii) commits a breach of any other
390	390	computer, computer network, or computer system.
391	391	SECTION 15. Section 37.015(a), Education Code, is amended
392	392	to read as follows:
393	393	(a) The principal of a public or private primary or
394	394	secondary school, or a person designated by the principal under
395	395	Subsection (d), shall notify any school district police department
396	396	and the police department of the municipality in which the school is
397	397	located or, if the school is not in a municipality, the sheriff of
398	398	the county in which the school is located if the principal has
399	399	reasonable grounds to believe that any of the following activities
400	400	occur in school, on school property, or at a school-sponsored or
401	401	school-related activity on or off school property, whether or not
402	402	the activity is investigated by school security officers:
403	403	(1) conduct that may constitute an offense listed
404	404	under Section 508.149, Government Code;
405	405	(2) deadly conduct under Section 22.05, Penal Code;
406	406	(3) a terroristic threat under Section 22.07, Penal
407	407	Code;
408	408	(4) the use, sale, or possession of a controlled
409	409	substance[, drug paraphernalia, or marihuana] under Chapter 481,
410	410	Health and Safety Code;
411	411	(5) the possession of any of the weapons or devices
412	412	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
413	413	Code;
414	414	(6) conduct that may constitute a criminal offense
415	415	under Section 71.02, Penal Code; or
416	416	(7) conduct that may constitute a criminal offense for
417	417	which a student may be expelled under Section 37.007(a), (d), or
418	418	(e).
419	419	SECTION 16. Section 37.016, Education Code, is amended to
420	420	read as follows:
421	421	Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
422	422	teacher, school administrator, or school employee is not liable in
423	423	civil damages for reporting to a school administrator or
424	424	governmental authority, in the exercise of professional judgment
425	425	within the scope of the teacher's, administrator's, or employee's
426	426	duties, a student whom the teacher suspects of using, passing, or
427	427	selling, on school property:
428	428	(1) [marihuana or] a controlled substance, as defined
429	429	by Chapter 481, Health and Safety Code;
430	430	(2) a dangerous drug, as defined by Chapter 483,
431	431	Health and Safety Code;
432	432	(3) an abusable glue or aerosol paint, as defined by
433	433	Chapter 485, Health and Safety Code, or a volatile chemical, as
434	434	listed in Chapter 484, Health and Safety Code, if the substance is
435	435	used or sold for the purpose of inhaling its fumes or vapors; or
436	436	(4) an alcoholic beverage, as defined by Section 1.04,
437	437	Alcoholic Beverage Code.
438	438	SECTION 17. Section 53.03(h-1), Family Code, is amended to
439	439	read as follows:
440	440	(h-1) If the child is alleged to have engaged in delinquent
441	441	conduct or conduct indicating a need for supervision that violates
442	442	Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
443	443	481.118, [or 481.121,] Health and Safety Code, deferred prosecution
444	444	under this section may include a condition that the child
445	445	successfully complete a drug education program that is designed to
446	446	educate persons on the dangers of drug abuse in accordance with
447	447	Section 521.374(a)(1), Transportation Code, and that is regulated
448	448	by the Texas Department of Licensing and Regulation under Chapter
449	449	171, Government Code.
450	450	SECTION 18. Section 54.047(a), Family Code, is amended to
451	451	read as follows:
452	452	(a) If the court or jury finds at an adjudication hearing
453	453	for a child that the child engaged in delinquent conduct or conduct
454	454	indicating a need for supervision that constitutes a violation of
455	455	Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
456	456	481.118, [or 481.121,] Health and Safety Code, the court may order
457	457	that the child successfully complete a drug education program that
458	458	is designed to educate persons on the dangers of drug abuse in
459	459	accordance with Section 521.374(a)(1), Transportation Code, and
460	460	that is regulated by the Texas Department of Licensing and
461	461	Regulation under Chapter 171, Government Code.
462	462	SECTION 19. Section 161.001(c), Family Code, as amended by
463	463	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
464	464	Legislature, Regular Session, 2021, is reenacted and amended to
465	465	read as follows:
466	466	(c) Evidence of one or more of the following does not
467	467	constitute clear and convincing evidence sufficient for a court to
468	468	make a finding under Subsection (b) and order termination of the
469	469	parent-child relationship:
470	470	(1) the parent homeschooled the child;
471	471	(2) the parent is economically disadvantaged;
472	472	(3) the parent has been charged with a nonviolent
473	473	misdemeanor offense other than:
474	474	(A) an offense under Title 5, Penal Code;
475	475	(B) an offense under Title 6, Penal Code; or
476	476	(C) an offense that involves family violence, as
477	477	defined by Section 71.004 of this code;
478	478	(4) the parent provided or administered marihuana or
479	479	[low-THC] cannabis to a child for whom marihuana or [the low-THC]
480	480	cannabis was recommended or prescribed by a medical practitioner
481	481	for a medical condition [under Chapter 169, Occupations Code];
482	482	(5) the parent declined immunization for the child for
483	483	reasons of conscience, including a religious belief; [or]
484	484	(6) the parent sought an opinion from more than one
485	485	medical provider relating to the child's medical care, transferred
486	486	the child's medical care to a new medical provider, or transferred
487	487	the child to another health care facility; or
488	488	(7) [(6)] the parent allowed the child to engage in
489	489	independent activities that are appropriate and typical for the
490	490	child's level of maturity, physical condition, developmental
491	491	abilities, or culture.
492	492	SECTION 20. Section 262.116(a), Family Code, as amended by
493	493	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
494	494	Legislature, Regular Session, 2021, is reenacted and amended to
495	495	read as follows:
496	496	(a) The Department of Family and Protective Services may not
497	497	take possession of a child under this subchapter based on evidence
498	498	that the parent:
499	499	(1) homeschooled the child;
500	500	(2) is economically disadvantaged;
501	501	(3) has been charged with a nonviolent misdemeanor
502	502	offense other than:
503	503	(A) an offense under Title 5, Penal Code;
504	504	(B) an offense under Title 6, Penal Code; or
505	505	(C) an offense that involves family violence, as
506	506	defined by Section 71.004 of this code;
507	507	(4) provided or administered marihuana or [low-THC]
508	508	cannabis to a child for whom marihuana or [the low-THC] cannabis was
509	509	recommended or prescribed by a medical practitioner for a medical
510	510	condition [under Chapter 169, Occupations Code];
511	511	(5) declined immunization for the child for reasons of
512	512	conscience, including a religious belief; [or]
513	513	(6) sought an opinion from more than one medical
514	514	provider relating to the child's medical care, transferred the
515	515	child's medical care to a new medical provider, or transferred the
516	516	child to another health care facility;
517	517	(7) [(6)] allowed the child to engage in independent
518	518	activities that are appropriate and typical for the child's level
519	519	of maturity, physical condition, developmental abilities, or
520	520	culture; or
521	521	(8) [(7)] tested positive for marihuana, unless the
522	522	department has evidence that the parent's use of marihuana has
523	523	caused significant impairment to the child's physical or mental
524	524	health or emotional development.
525	525	SECTION 21. Section 76.017(b), Government Code, is amended
526	526	to read as follows:
527	527	(b) The program must:
528	528	(1) include automatic screening and evaluation of a
529	529	person arrested for an offense, other than a Class C misdemeanor, in
530	530	which an element of the offense is the use or possession of alcohol
531	531	or the use, possession, or sale of a controlled substance [or
532	532	marihuana];
533	533	(2) include automatic screening and evaluation of a
534	534	person arrested for an offense, other than a Class C misdemeanor, in
535	535	which the use of alcohol or drugs is suspected to have significantly
536	536	contributed to the offense for which the individual has been
537	537	arrested;
538	538	(3) coordinate the evaluation and referral to
539	539	treatment services; and
540	540	(4) make referrals for the appropriate treatment of a
541	541	person determined to be in need of treatment, including referrals
542	542	to a community corrections facility as defined by Section 509.001.
543	543	SECTION 22. Section 123.002, Government Code, is amended to
544	544	read as follows:
545	545	Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
546	546	commissioners court of a county or governing body of a municipality
547	547	may establish the following types of drug court programs:
548	548	(1) drug courts for persons arrested for, charged
549	549	with, or convicted of:
550	550	(A) an offense in which an element of the offense
551	551	is the use or possession of alcohol or the use, possession, or sale
552	552	of a controlled substance or[,] a controlled substance analogue[,
553	553	or marihuana]; or
554	554	(B) an offense in which the use of alcohol or a
555	555	controlled substance is suspected to have significantly
556	556	contributed to the commission of the offense and the offense did not
557	557	involve:
558	558	(i) carrying, possessing, or using a
559	559	firearm or other dangerous weapon;
560	560	(ii) the use of force against the person of
561	561	another; or
562	562	(iii) the death of or serious bodily injury
563	563	to another;
564	564	(2) drug courts for juveniles detained for, taken into
565	565	custody for, or adjudicated as having engaged in:
566	566	(A) delinquent conduct, including habitual
567	567	felony conduct, or conduct indicating a need for supervision in
568	568	which an element of the conduct is the use or possession of alcohol
569	569	or the use, possession, or sale of a controlled substance or[,] a
570	570	controlled substance analogue[, or marihuana]; or
571	571	(B) delinquent conduct, including habitual
572	572	felony conduct, or conduct indicating a need for supervision in
573	573	which the use of alcohol or a controlled substance is suspected to
574	574	have significantly contributed to the commission of the conduct and
575	575	the conduct did not involve:
576	576	(i) carrying, possessing, or using a
577	577	firearm or other dangerous weapon;
578	578	(ii) the use of force against the person of
579	579	another; or
580	580	(iii) the death of or serious bodily injury
581	581	to another;
582	582	(3) reentry drug courts for persons with a
583	583	demonstrated history of using alcohol or a controlled substance who
584	584	may benefit from a program designed to facilitate the person's
585	585	transition and reintegration into the community on release from a
586	586	state or local correctional facility;
587	587	(4) family dependency drug treatment courts for family
588	588	members involved in a suit affecting the parent-child relationship
589	589	in which a parent's use of alcohol or a controlled substance is a
590	590	primary consideration in the outcome of the suit; or
591	591	(5) programs for other persons not precisely described
592	592	by Subdivisions (1)-(4) who may benefit from a program that has the
593	593	essential characteristics described by Section 123.001.
594	594	SECTION 23. Section 411.0728(a), Government Code, is
595	595	amended to read as follows:
596	596	(a) This section applies only to a person:
597	597	(1) who is convicted of or placed on deferred
598	598	adjudication community supervision for an offense under:
599	599	(A) [Section 481.120, Health and Safety Code, if
600	600	the offense is punishable under Subsection (b)(1);
601	601	[(B) Section 481.121, Health and Safety Code, if
602	602	the offense is punishable under Subsection (b)(1);
603	603	[(C)] Section 31.03, Penal Code, if the offense
604	604	is punishable under Subsection (e)(1) or (2); or
605	605	(B) [(D)] Section 43.02, Penal Code; and
606	606	(2) who, if requested by the applicable law
607	607	enforcement agency or prosecuting attorney to provide assistance in
608	608	the investigation or prosecution of an offense under Section
609	609	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
610	610	containing elements that are substantially similar to the elements
611	611	of an offense under any of those sections:
612	612	(A) provided assistance in the investigation or
613	613	prosecution of the offense; or
614	614	(B) did not provide assistance in the
615	615	investigation or prosecution of the offense due to the person's age
616	616	or a physical or mental disability resulting from being a victim of
617	617	an offense described by this subdivision.
618	618	SECTION 24. Section 411.0891(a), Government Code, is
619	619	amended to read as follows:
620	620	(a) Subject to Section 411.087, the department is
621	621	authorized to obtain and use criminal history record information
622	622	maintained by the Federal Bureau of Investigation or the department
623	623	that relates to a person who:
624	624	(1) is an applicant for or holds a registration issued
625	625	by the director under Subchapter C, Chapter 481, Health and Safety
626	626	Code, that authorizes the person to manufacture, distribute,
627	627	analyze, or conduct research with a controlled substance;
628	628	(2) [is an applicant for or holds a registration
629	629	issued by the department under Chapter 487, Health and Safety Code,
630	630	to be a director, manager, or employee of a dispensing
631	631	organization, as defined by Section 487.001, Health and Safety
632	632	Code;
633	633	[(3)] is an applicant for or holds an authorization
634	634	issued by the department under Section 521.2476, Transportation
635	635	Code, to do business in this state as a vendor of ignition interlock
636	636	devices;
637	637	(3) [(4)] is an applicant for or holds certification
638	638	by the department as an inspection station or an inspector under
639	639	Subchapter G, Chapter 548, Transportation Code, holds an inspection
640	640	station or inspector certificate issued under that subchapter, or
641	641	is the owner of an inspection station operating under that chapter;
642	642	or
643	643	(4) [(5)] is an applicant for or holds a certificate
644	644	of registration issued by the department under Chapter 1956,
645	645	Occupations Code, to act as a metal recycling entity.
646	646	SECTION 25. Section 411.502, Government Code, is amended to
647	647	read as follows:
648	648	Sec. 411.502. APPLICABILITY. This subchapter applies to a
649	649	program, and persons regulated under the program, administered by
650	650	the department under the following laws, including rules adopted
651	651	under those laws:
652	652	(1) Section 411.0625;
653	653	(2) [Chapter 487, Health and Safety Code;
654	654	[(3)] Chapter 1702, Occupations Code;
655	655	(3) [(4)] Chapter 1956, Occupations Code;
656	656	(4) [(5)] Section 521.2476, Transportation Code; and
657	657	(5) [(6)] Subchapter G, Chapter 548, Transportation
658	658	Code.
659	659	SECTION 26. Sections 481.002(5), (6), (8), and (25), Health
660	660	and Safety Code, are amended to read as follows:
661	661	(5) "Controlled substance" means a substance,
662	662	including a drug, an adulterant, and a dilutant, listed in
663	663	Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, [2-A,] 3, or
664	664	4. The term includes the aggregate weight of any mixture,
665	665	solution, or other substance containing a controlled
666	666	substance. The term does not include hemp, as defined by Section
667	667	121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
668	668	(6) "Controlled substance analogue" means:
669	669	(A) a substance with a chemical structure
670	670	substantially similar to the chemical structure of a controlled
671	671	substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, or 2[, or
672	672	2-A]; or
673	673	(B) a substance specifically designed to produce
674	674	an effect substantially similar to, or greater than, the effect of a
675	675	controlled substance in Schedule I or II or Penalty Group 1, 1-A,
676	676	1-B, or 2[, or 2-A].
677	677	(8) "Deliver" means to transfer, actually or
678	678	constructively, to another a controlled substance or [,]
679	679	counterfeit substance, [or drug paraphernalia,] regardless of
680	680	whether there is an agency relationship. The term includes
681	681	offering to sell a controlled substance or [,] counterfeit
682	682	substance[, or drug paraphernalia].
683	683	(25) "Manufacture" means the production, preparation,
684	684	propagation, compounding, conversion, or processing of a
685	685	controlled substance [other than marihuana,] directly or
686	686	indirectly by extraction from substances of natural origin,
687	687	independently by means of chemical synthesis, or by a combination
688	688	of extraction and chemical synthesis, and includes the packaging or
689	689	repackaging of the substance or labeling or relabeling of its
690	690	container. However, the term does not include the preparation,
691	691	compounding, packaging, or labeling of a controlled substance:
692	692	(A) by a practitioner as an incident to the
693	693	practitioner's administering or dispensing a controlled substance
694	694	in the course of professional practice; or
695	695	(B) by a practitioner, or by an authorized agent
696	696	under the supervision of the practitioner, for or as an incident to
697	697	research, teaching, or chemical analysis and not for delivery.
698	698	SECTION 27. Section 481.062, Health and Safety Code, is
699	699	amended to read as follows:
700	700	Sec. 481.062. EXEMPTIONS. [(a)] The following persons may
701	701	possess a controlled substance under this chapter without
702	702	registering with the Federal Drug Enforcement Administration:
703	703	(1) an agent or employee of a manufacturer,
704	704	distributor, analyzer, or dispenser of the controlled substance who
705	705	is registered with the Federal Drug Enforcement Administration and
706	706	acting in the usual course of business or employment;
707	707	(2) a common or contract carrier, a warehouseman, or
708	708	an employee of a carrier or warehouseman whose possession of the
709	709	controlled substance is in the usual course of business or
710	710	employment;
711	711	(3) an ultimate user or a person in possession of the
712	712	controlled substance under a lawful order of a practitioner or in
713	713	lawful possession of the controlled substance if it is listed in
714	714	Schedule V; or
715	715	(4) an officer or employee of this state, another
716	716	state, a political subdivision of this state or another state, or
717	717	the United States who is lawfully engaged in the enforcement of a
718	718	law relating to a controlled substance or drug or to a customs law
719	719	and authorized to possess the controlled substance in the discharge
720	720	of the person's official duties[;
721	721	[(5) if the substance is tetrahydrocannabinol or one
722	722	of its derivatives:
723	723	[(A) a Department of State Health Services
724	724	official, a medical school researcher, or a research program
725	725	participant possessing the substance as authorized under
726	726	Subchapter G; or
727	727	[(B) a practitioner or an ultimate user
728	728	possessing the substance as a participant in a federally approved
729	729	therapeutic research program that the commissioner has reviewed and
730	730	found, in writing, to contain a medically responsible research
731	731	protocol; or
732	732	[(6) a dispensing organization licensed under Chapter
733	733	487 that possesses low-THC cannabis].
734	734	SECTION 28. Section 481.103(a), Health and Safety Code, is
735	735	amended to read as follows:
736	736	(a) Penalty Group 2 consists of:
737	737	(1) any quantity of the following hallucinogenic
738	738	substances, their salts, isomers, and salts of isomers, unless
739	739	specifically excepted, if the existence of these salts, isomers,
740	740	and salts of isomers is possible within the specific chemical
741	741	designation:
742	742	5-(2-aminopropyl)benzofuran (5-APB);
743	743	6-(2-aminopropyl)benzofuran (6-APB);
744	744	5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
745	745	6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
746	746	5-(2-aminopropyl)indole (5-IT,5-API);
747	747	6-(2-aminopropyl)indole (6-IT,6-API);
748	748	1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
749	749	1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
750	750	Benzothiophenylcyclohexylpiperidine (BTCP);
751	751	8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
752	752	4-ethanamine (trade or other name: Bromo-DragonFLY);
753	753	Desoxypipradrol (2-benzhydrylpiperidine);
754	754	2, 5-dimethoxyamphetamine (some trade or other names: 2,
755	755	5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
756	756	Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol,
757	757	D2PM);
758	758	Dronabinol (synthetic) in sesame oil and encapsulated in a
759	759	soft gelatin capsule in a U.S. Food and Drug Administration
760	760	approved drug product (some trade or other names for Dronabinol:
761	761	(a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
762	762	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
763	763	(trans)- tetrahydrocannabinol);
764	764	Ethylamine Analog of Phencyclidine (some trade or other
765	765	names: N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl)
766	766	ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
767	767	PCE);
768	768	2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or
769	769	other name: methoxetamine);
770	770	Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8,
771	771	9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1',
772	772	2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
773	773	5-iodo-2-aminoindane (5-IAI);
774	774	Mescaline;
775	775	5-methoxy-3, 4-methylenedioxy amphetamine;
776	776	4-methoxyamphetamine (some trade or other names:
777	777	4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
778	778	PMA);
779	779	4-methoxymethamphetamine (PMMA);
780	780	2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some
781	781	trade and other names: 2-MeO-ketamine; methoxyketamine);
782	782	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);
783	783	4-methyl-2, 5-dimethoxyamphetamine (some trade and other
784	784	names: 4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine;
785	785	"DOM"; "STP");
786	786	3,4-methylenedioxy methamphetamine (MDMA, MDM);
787	787	3,4-methylenedioxy amphetamine;
788	788	3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl
789	789	MDA);
790	790	5,6-methylenedioxy-2-aminoindane (MDAI);
791	791	Nabilone (Another name for nabilone: (+)-trans-
792	792	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
793	793	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
794	794	N-benzylpiperazine (some trade or other names: BZP;
795	795	1-benzylpiperazine);
796	796	N-ethyl-3-piperidyl benzilate;
797	797	N-hydroxy-3,4-methylenedioxyamphetamine (Also known as
798	798	N-hydroxy MDA);
799	799	4-methylaminorex;
800	800	N-methyl-3-piperidyl benzilate;
801	801	Parahexyl (some trade or other names: 3-Hexyl-1- hydroxy-7,
802	802	8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran;
803	803	Synhexyl);
804	804	1-Phenylcyclohexylamine;
805	805	1-Piperidinocyclohexanecarbonitrile (PCC);
806	806	Pyrrolidine Analog of Phencyclidine (some trade or other
807	807	names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
808	808	[Tetrahydrocannabinols, other than marihuana, and synthetic
809	809	equivalents of the substances contained in the plant, or in the
810	810	resinous extractives of Cannabis, or synthetic substances,
811	811	derivatives, and their isomers with similar chemical structure and
812	812	pharmacological activity such as:
813	813	[delta-1 cis or trans tetrahydrocannabinol, and their
814	814	optical isomers;
815	815	[delta-6 cis or trans tetrahydrocannabinol, and their
816	816	optical isomers;
817	817	[delta-3, 4 cis or trans tetrahydrocannabinol, and its
818	818	optical isomers; or
819	819	[compounds of these structures, regardless of numerical
820	820	designation of atomic positions, since nomenclature of these
821	821	substances is not internationally standardized;]
822	822	Thiophene Analog of Phencyclidine (some trade or other names:
823	823	1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of
824	824	Phencyclidine; TPCP, TCP);
825	825	1-pyrrolidine (some trade or other name: TCPy);
826	826	1-(3-trifluoromethylphenyl)piperazine (trade or other name:
827	827	TFMPP); and
828	828	3,4,5-trimethoxy amphetamine;
829	829	(2) Phenylacetone (some trade or other names:
830	830	Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
831	831	ketone);
832	832	(3) unless specifically excepted or unless listed in
833	833	another Penalty Group, a material, compound, mixture, or
834	834	preparation that contains any quantity of the following substances
835	835	having a potential for abuse associated with a depressant or
836	836	stimulant effect on the central nervous system:
837	837	Aminorex (some trade or other names: aminoxaphen;
838	838	2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
839	839	phenyl-2-oxazolamine);
840	840	Amphetamine, its salts, optical isomers, and salts of optical
841	841	isomers;
842	842	Cathinone (some trade or other names: 2-amino-1-
843	843	phenyl-1-propanone, alpha-aminopropiophenone, 2-
844	844	aminopropiophenone);
845	845	Etaqualone and its salts;
846	846	Etorphine Hydrochloride;
847	847	Fenethylline and its salts;
848	848	Lisdexamfetamine, including its salts, isomers, and salts of
849	849	isomers;
850	850	Mecloqualone and its salts;
851	851	Methaqualone and its salts;
852	852	Methcathinone (some trade or other names: 2-
853	853	methylamino-propiophenone; alpha-(methylamino)propriophenone;
854	854	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
855	855	methylaminopropriophenone; monomethylpropion; ephedrone, N-
856	856	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
857	857	1431);
858	858	N-Ethylamphetamine, its salts, optical isomers, and salts of
859	859	optical isomers; and
860	860	N,N-dimethylamphetamine (some trade or other names:
861	861	N,N,alpha-trimethylbenzeneethanamine;
862	862	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
863	863	and salts of optical isomers;
864	864	(4) any compound structurally derived from
865	865	2-aminopropanal by substitution at the 1-position with any
866	866	monocyclic or fused-polycyclic ring system, including:
867	867	(A) compounds further modified by:
868	868	(i) substitution in the ring system to any
869	869	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
870	870	halide substituents), whether or not further substituted in the
871	871	ring system by other substituents;
872	872	(ii) substitution at the 3-position with an
873	873	alkyl substituent; or
874	874	(iii) substitution at the 2-amino nitrogen
875	875	atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
876	876	inclusion of the 2-amino nitrogen atom in a cyclic structure; and
877	877	(B) by example, compounds such as:
878	878	4-Methylmethcathinone (Also known as
879	879	Mephedrone);
880	880	3,4-Dimethylmethcathinone (Also known as
881	881	3,4-DMMC);
882	882	3-Fluoromethcathinone (Also known as 3-FMC);
883	883	4-Fluoromethcathinone (Also known as
884	884	Flephedrone);
885	885	3,4-Methylenedioxy-N-methylcathinone (Also
886	886	known as Methylone);
887	887	3,4-Methylenedioxypyrovalerone (Also known
888	888	as MDPV);
889	889	alpha-Pyrrolidinopentiophenone (Also known
890	890	as alpha-PVP);
891	891	Naphthylpyrovalerone (Also known as
892	892	Naphyrone);
893	893	alpha-Methylamino-valerophenone (Also known
894	894	as Pentedrone);
895	895	beta-Keto-N-methylbenzodioxolylpropylamine
896	896	(Also known as Butylone);
897	897	beta-Keto-N-methylbenzodioxolylpentanamine
898	898	(Also known as Pentylone);
899	899	beta-Keto-Ethylbenzodioxolylbutanamine
900	900	(Also known as Eutylone); and
901	901	3,4-methylenedioxy-N-ethylcathinone (Also
902	902	known as Ethylone);
903	903	(5) any compound structurally derived from tryptamine
904	904	(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
905	905	(A) by modification in any of the following ways:
906	906	(i) by substitution at the amine nitrogen
907	907	atom of the sidechain to any extent with alkyl or alkenyl groups or
908	908	by inclusion of the amine nitrogen atom of the side chain (and no
909	909	other atoms of the side chain) in a cyclic structure;
910	910	(ii) by substitution at the carbon atom
911	911	adjacent to the nitrogen atom of the side chain (alpha-position)
912	912	with an alkyl or alkenyl group;
913	913	(iii) by substitution in the 6-membered
914	914	ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
915	915	alkylenedioxy, or halide substituents; or
916	916	(iv) by substitution at the 2-position of
917	917	the tryptamine ring system with an alkyl substituent; and
918	918	(B) including:
919	919	(i) ethers and esters of the controlled
920	920	substances listed in this subdivision; and
921	921	(ii) by example, compounds such as:
922	922	alpha-ethyltryptamine;
923	923	alpha-methyltryptamine;
924	924	Bufotenine (some trade and other names:
925	925	3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
926	926	3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
927	927	5-hydroxy-N, N- dimethyltryptamine; mappine);
928	928	Diethyltryptamine (some trade and other
929	929	names: N, N-Diethyltryptamine, DET);
930	930	Dimethyltryptamine (trade or other name:
931	931	DMT);
932	932	5-methoxy-N, N-diisopropyltryptamine
933	933	(5-MeO-DiPT);
934	934	O-Acetylpsilocin (Trade or other name:
935	935	4-Aco-DMT);
936	936	Psilocin; and
937	937	Psilocybin;
938	938	(6) 2,5-Dimethoxyphenethylamine and any compound
939	939	structurally derived from 2,5-Dimethoxyphenethylamine by
940	940	substitution at the 4-position of the phenyl ring to any extent
941	941	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
942	942	substituents), including, by example, compounds such as:
943	943	4-Bromo-2,5-dimethoxyphenethylamine (trade or other name:
944	944	2C-B);
945	945	4-Chloro-2,5-dimethoxyphenethylamine (trade or other name:
946	946	2C-C);
947	947	2,5-Dimethoxy-4-methylphenethylamine (trade or other name:
948	948	2C-D);
949	949	4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name:
950	950	2C-E);
951	951	4-Iodo-2,5-dimethoxyphenethylamine (trade or other name:
952	952	2C-I);
953	953	2,5-Dimethoxy-4-nitrophenethylamine (trade or other name:
954	954	2C-N);
955	955	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other
956	956	name: 2C-P);
957	957	4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other
958	958	name: 2C-T-2);
959	959	4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other
960	960	name: 2C-T-4); and
961	961	2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or
962	962	other name: 2C-T-7); and
963	963	(7) 2,5-Dimethoxyamphetamine and any compound
964	964	structurally derived from 2,5-Dimethoxyamphetamine by substitution
965	965	at the 4-position of the phenyl ring to any extent (including alkyl,
966	966	alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
967	967	including, by example, compounds such as:
968	968	4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name:
969	969	Aleph-2);
970	970	4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other
971	971	name: Aleph-4);
972	972	4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);
973	973	4-Chloro-2,5-dimethoxyamphetamine (trade or other name:
974	974	DOC);
975	975	2,5-Dimethoxy-4-ethylamphetamine (trade or other name:
976	976	DOET);
977	977	4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);
978	978	2,5-Dimethoxy-4-methylamphetamine (trade or other name:
979	979	DOM);
980	980	2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);
981	981	4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name:
982	982	DOIP); and
983	983	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name:
984	984	DOPR).
985	985	SECTION 29. The heading to Section 481.113, Health and
986	986	Safety Code, is amended to read as follows:
987	987	Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF
988	988	SUBSTANCE IN PENALTY GROUP 2 [OR 2-A].
989	989	SECTION 30. Section 481.113(a), Health and Safety Code, is
990	990	amended to read as follows:
991	991	(a) Except as authorized by this chapter, a person commits
992	992	an offense if the person knowingly manufactures, delivers, or
993	993	possesses with intent to deliver a controlled substance listed in
994	994	Penalty Group 2 [or 2-A].
995	995	SECTION 31. Section 481.115(h), Health and Safety Code, is
996	996	amended to read as follows:
997	997	(h) The defense to prosecution provided by Subsection (g) is
998	998	not available if:
999	999	(1) at the time the request for emergency medical
1000	1000	assistance was made:
1001	1001	(A) a peace officer was in the process of
1002	1002	arresting the actor or executing a search warrant describing the
1003	1003	actor or the place from which the request for medical assistance was
1004	1004	made; or
1005	1005	(B) the actor is committing another offense,
1006	1006	other than an offense punishable under Section 481.1151(b)(1),
1007	1007	481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
1008	1008	[or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
1009	1009	[481.125(a),] 483.041(a), or 485.031(a);
1010	1010	(2) the actor has been previously convicted of or
1011	1011	placed on deferred adjudication community supervision for an
1012	1012	offense under this chapter or Chapter 483 or 485;
1013	1013	(3) the actor was acquitted in a previous proceeding
1014	1014	in which the actor successfully established the defense under that
1015	1015	subsection or Section 481.1151(c), 481.116(f), [481.1161(c),]
1016	1016	481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
1017	1017	483.041(e), or 485.031(c); or
1018	1018	(4) at any time during the 18-month period preceding
1019	1019	the date of the commission of the instant offense, the actor
1020	1020	requested emergency medical assistance in response to the possible
1021	1021	overdose of the actor or another person.
1022	1022	SECTION 32. Section 481.1151(d), Health and Safety Code, is
1023	1023	amended to read as follows:
1024	1024	(d) The defense to prosecution provided by Subsection (c) is
1025	1025	not available if:
1026	1026	(1) at the time the request for emergency medical
1027	1027	assistance was made:
1028	1028	(A) a peace officer was in the process of
1029	1029	arresting the actor or executing a search warrant describing the
1030	1030	actor or the place from which the request for medical assistance was
1031	1031	made; or
1032	1032	(B) the actor is committing another offense,
1033	1033	other than an offense punishable under Section 481.115(b),
1034	1034	481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
1035	1035	[or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
1036	1036	[481.125(a),] 483.041(a), or 485.031(a);
1037	1037	(2) the actor has been previously convicted of or
1038	1038	placed on deferred adjudication community supervision for an
1039	1039	offense under this chapter or Chapter 483 or 485;
1040	1040	(3) the actor was acquitted in a previous proceeding
1041	1041	in which the actor successfully established the defense under that
1042	1042	subsection or Section 481.115(g), 481.116(f), [481.1161(c),]
1043	1043	481.117(f), 481.118(f), 481.119(c),[481.121(c), 481.125(g),]
1044	1044	483.041(e), or 485.031(c); or
1045	1045	(4) at any time during the 18-month period preceding
1046	1046	the date of the commission of the instant offense, the actor
1047	1047	requested emergency medical assistance in response to the possible
1048	1048	overdose of the actor or another person.
1049	1049	SECTION 33. Section 481.116(g), Health and Safety Code, is
1050	1050	amended to read as follows:
1051	1051	(g) The defense to prosecution provided by Subsection (f) is
1052	1052	not available if:
1053	1053	(1) at the time the request for emergency medical
1054	1054	assistance was made:
1055	1055	(A) a peace officer was in the process of
1056	1056	arresting the actor or executing a search warrant describing the
1057	1057	actor or the place from which the request for medical assistance was
1058	1058	made; or
1059	1059	(B) the actor is committing another offense,
1060	1060	other than an offense punishable under Section 481.115(b),
1061	1061	481.1151(b)(1), [481.1161(b)(1) or (2),] 481.117(b), or
1062	1062	481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
1063	1063	481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
1064	1064	(2) the actor has been previously convicted of or
1065	1065	placed on deferred adjudication community supervision for an
1066	1066	offense under this chapter or Chapter 483 or 485;
1067	1067	(3) the actor was acquitted in a previous proceeding
1068	1068	in which the actor successfully established the defense under that
1069	1069	subsection or Section 481.115(g), 481.1151(c), [481.1161(c),]
1070	1070	481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
1071	1071	483.041(e), or 485.031(c); or
1072	1072	(4) at any time during the 18-month period preceding
1073	1073	the date of the commission of the instant offense, the actor
1074	1074	requested emergency medical assistance in response to the possible
1075	1075	overdose of the actor or another person.
1076	1076	SECTION 34. Section 481.117(g), Health and Safety Code, is
1077	1077	amended to read as follows:
1078	1078	(g) The defense to prosecution provided by Subsection (f) is
1079	1079	not available if:
1080	1080	(1) at the time the request for emergency medical
1081	1081	assistance was made:
1082	1082	(A) a peace officer was in the process of
1083	1083	arresting the actor or executing a search warrant describing the
1084	1084	actor or the place from which the request for medical assistance was
1085	1085	made; or
1086	1086	(B) the actor is committing another offense,
1087	1087	other than an offense punishable under Section 481.115(b),
1088	1088	481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
1089	1089	481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
1090	1090	481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
1091	1091	(2) the actor has been previously convicted of or
1092	1092	placed on deferred adjudication community supervision for an
1093	1093	offense under this chapter or Chapter 483 or 485;
1094	1094	(3) the actor was acquitted in a previous proceeding
1095	1095	in which the actor successfully established the defense under that
1096	1096	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1097	1097	[481.1161(c),] 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
1098	1098	483.041(e), or 485.031(c); or
1099	1099	(4) at any time during the 18-month period preceding
1100	1100	the date of the commission of the instant offense, the actor
1101	1101	requested emergency medical assistance in response to the possible
1102	1102	overdose of the actor or another person.
1103	1103	SECTION 35. Section 481.118(g), Health and Safety Code, is
1104	1104	amended to read as follows:
1105	1105	(g) The defense to prosecution provided by Subsection (f) is
1106	1106	not available if:
1107	1107	(1) at the time the request for emergency medical
1108	1108	assistance was made:
1109	1109	(A) a peace officer was in the process of
1110	1110	arresting the actor or executing a search warrant describing the
1111	1111	actor or the place from which the request for medical assistance was
1112	1112	made; or
1113	1113	(B) the actor is committing another offense,
1114	1114	other than an offense punishable under Section 481.115(b),
1115	1115	481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
1116	1116	481.117(b), [or 481.121(b)(1) or (2),] or an offense under Section
1117	1117	481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
1118	1118	(2) the actor has been previously convicted of or
1119	1119	placed on deferred adjudication community supervision for an
1120	1120	offense under this chapter or Chapter 483 or 485;
1121	1121	(3) the actor was acquitted in a previous proceeding
1122	1122	in which the actor successfully established the defense under that
1123	1123	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1124	1124	[481.1161(c),] 481.117(f), 481.119(c), [481.121(c), 481.125(g),]
1125	1125	483.041(e), or 485.031(c); or
1126	1126	(4) at any time during the 18-month period preceding
1127	1127	the date of the commission of the instant offense, the actor
1128	1128	requested emergency medical assistance in response to the possible
1129	1129	overdose of the actor or another person.
1130	1130	SECTION 36. Section 481.119(d), Health and Safety Code, is
1131	1131	amended to read as follows:
1132	1132	(d) The defense to prosecution provided by Subsection (c) is
1133	1133	not available if:
1134	1134	(1) at the time the request for emergency medical
1135	1135	assistance was made:
1136	1136	(A) a peace officer was in the process of
1137	1137	arresting the actor or executing a search warrant describing the
1138	1138	actor or the place from which the request for medical assistance was
1139	1139	made; or
1140	1140	(B) the actor is committing another offense,
1141	1141	other than an offense punishable under Section 481.115(b),
1142	1142	481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
1143	1143	or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
1144	1144	Section [481.125(a),] 483.041(a)[,] or 485.031(a);
1145	1145	(2) the actor has been previously convicted of or
1146	1146	placed on deferred adjudication community supervision for an
1147	1147	offense under this chapter or Chapter 483 or 485;
1148	1148	(3) the actor was acquitted in a previous proceeding
1149	1149	in which the actor successfully established the defense under that
1150	1150	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1151	1151	[481.1161(c),] 481.117(f), 481.118(f), [481.121(c), 481.125(g),]
1152	1152	483.041(e), or 485.031(c); or
1153	1153	(4) at any time during the 18-month period preceding
1154	1154	the date of the commission of the instant offense, the actor
1155	1155	requested emergency medical assistance in response to the possible
1156	1156	overdose of the actor or another person.
1157	1157	SECTION 37. The heading to Section 481.122, Health and
1158	1158	Safety Code, is amended to read as follows:
1159	1159	Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR
1160	1160	MARIHUANA] TO CHILD.
1161	1161	SECTION 38. Sections 481.122(a) and (b), Health and Safety
1162	1162	Code, are amended to read as follows:
1163	1163	(a) A person commits an offense if the person knowingly
1164	1164	delivers a controlled substance listed in Penalty Group 1, 1-A,
1165	1165	1-B, 2, or 3 [or knowingly delivers marihuana] and the person
1166	1166	delivers the controlled substance [or marihuana] to a person:
1167	1167	(1) who is a child;
1168	1168	(2) who is enrolled in a public or private primary or
1169	1169	secondary school; or
1170	1170	(3) who the actor knows or believes intends to deliver
1171	1171	the controlled substance [or marihuana] to a person described by
1172	1172	Subdivision (1) or (2).
1173	1173	(b) It is an affirmative defense to prosecution under this
1174	1174	section that[:
1175	1175	[(1)] the actor was a child when the offense was
1176	1176	committed[; or
1177	1177	[(2) the actor:
1178	1178	[(A) was younger than 21 years of age when the
1179	1179	offense was committed;
1180	1180	[(B) delivered only marihuana in an amount equal
1181	1181	to or less than one-fourth ounce; and
1182	1182	[(C) did not receive remuneration for the
1183	1183	delivery].
1184	1184	SECTION 39. Section 481.126, Health and Safety Code, is
1185	1185	amended to read as follows:
1186	1186	Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
1187	1187	INVESTMENT. (a) A person commits an offense if the person:
1188	1188	(1) barters property or expends funds the person knows
1189	1189	are derived from the commission of an offense under this chapter
1190	1190	punishable by imprisonment in the Texas Department of Criminal
1191	1191	Justice for life; or
1192	1192	(2) [barters property or expends funds the person
1193	1193	knows are derived from the commission of an offense under Section
1194	1194	481.121(a) that is punishable under Section 481.121(b)(5);
1195	1195	[(3)] barters property or finances or invests funds
1196	1196	the person knows or believes are intended to further the commission
1197	1197	of an offense for which the punishment is described by Subdivision
1198	1198	(1)[; or
1199	1199	[(4) barters property or finances or invests funds the
1200	1200	person knows or believes are intended to further the commission of
1201	1201	an offense under Section 481.121(a) that is punishable under
1202	1202	Section 481.121(b)(5)].
1203	1203	(b) An offense under this section [Subsection (a)(1) or (3)]
1204	1204	is a felony of the first degree. [An offense under Subsection
1205	1205	(a)(2) or (4) is a felony of the second degree.]
1206	1206	SECTION 40. Section 481.133(c), Health and Safety Code, is
1207	1207	amended to read as follows:
1208	1208	(c) In this section, "drug test" means a lawfully
1209	1209	administered test designed to detect the presence of a controlled
1210	1210	substance [or marihuana].
1211	1211	SECTION 41. Sections 481.134(b) and (c), Health and Safety
1212	1212	Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540),
1213	1213	Acts of the 87th Legislature, Regular Session, 2021, are reenacted
1214	1214	and amended to read as follows:
1215	1215	(b) An offense otherwise punishable as a state jail felony
1216	1216	under Section 481.112, 481.1121, 481.1123, 481.113, or 481.114[, or
1217	1217	481.120] is punishable as a felony of the third degree, an offense
1218	1218	otherwise punishable as a felony of the third degree under any of
1219	1219	those sections is punishable as a felony of the second degree, and
1220	1220	an offense otherwise punishable as a felony of the second degree
1221	1221	under any of those sections is punishable as a felony of the first
1222	1222	degree, if it is shown at the punishment phase of the trial of the
1223	1223	offense that the offense was committed:
1224	1224	(1) in, on, or within 1,000 feet of premises owned,
1225	1225	rented, or leased by an institution of higher learning, the
1226	1226	premises of a public or private youth center, or a playground;
1227	1227	(2) in, on, or within 300 feet of the premises of a
1228	1228	public swimming pool or video arcade facility; or
1229	1229	(3) by any unauthorized person 18 years of age or
1230	1230	older, in, on, or within 1,000 feet of premises owned, rented, or
1231	1231	leased by a general residential operation operating as a
1232	1232	residential treatment center.
1233	1233	(c) The minimum term of confinement or imprisonment for an
1234	1234	offense otherwise punishable under Section 481.112(c), (d), (e), or
1235	1235	(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
1236	1236	481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
1237	1237	481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
1238	1238	[481.1161(b)(4), (5), or (6),] 481.117(c), (d), or (e), or
1239	1239	481.118(c), (d), or (e)[, 481.120(b)(4), (5), or (6), or
1240	1240	481.121(b)(4), (5), or (6)] is increased by five years and the
1241	1241	maximum fine for the offense is doubled if it is shown on the trial
1242	1242	of the offense that the offense was committed:
1243	1243	(1) in, on, or within 1,000 feet of the premises of a
1244	1244	school, the premises of a public or private youth center, or a
1245	1245	playground;
1246	1246	(2) on a school bus; or
1247	1247	(3) by any unauthorized person 18 years of age or
1248	1248	older, in, on, or within 1,000 feet of premises owned, rented, or
1249	1249	leased by a general residential operation operating as a
1250	1250	residential treatment center.
1251	1251	SECTION 42. Sections 481.134(d), (e), and (f), Health and
1252	1252	Safety Code, are amended to read as follows:
1253	1253	(d) An offense otherwise punishable under Section
1254	1254	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
1255	1255	481.1151(b)(1), or 481.116(b)[, 481.1161(b)(3), 481.120(b)(3), or
1256	1256	481.121(b)(3)] is a felony of the third degree if it is shown on the
1257	1257	trial of the offense that the offense was committed:
1258	1258	(1) in, on, or within 1,000 feet of any real property
1259	1259	that is owned, rented, or leased to a school or school board, the
1260	1260	premises of a public or private youth center, or a playground;
1261	1261	(2) on a school bus; or
1262	1262	(3) by any unauthorized person 18 years of age or
1263	1263	older, in, on, or within 1,000 feet of premises owned, rented, or
1264	1264	leased by a general residential operation operating as a
1265	1265	residential treatment center.
1266	1266	(e) An offense otherwise punishable under Section
1267	1267	481.117(b) or [,] 481.119(a)[, 481.120(b)(2), or 481.121(b)(2)] is
1268	1268	a state jail felony if it is shown on the trial of the offense that
1269	1269	the offense was committed:
1270	1270	(1) in, on, or within 1,000 feet of any real property
1271	1271	that is owned, rented, or leased to a school or school board, the
1272	1272	premises of a public or private youth center, or a playground;
1273	1273	(2) on a school bus; or
1274	1274	(3) by any unauthorized person 18 years of age or
1275	1275	older, in, on, or within 1,000 feet of premises owned, rented, or
1276	1276	leased by a general residential operation operating as a
1277	1277	residential treatment center.
1278	1278	(f) An offense otherwise punishable under Section
1279	1279	481.118(b) or [,] 481.119(b)[, 481.120(b)(1), or 481.121(b)(1)] is
1280	1280	a Class A misdemeanor if it is shown on the trial of the offense that
1281	1281	the offense was committed:
1282	1282	(1) in, on, or within 1,000 feet of any real property
1283	1283	that is owned, rented, or leased to a school or school board, the
1284	1284	premises of a public or private youth center, or a playground;
1285	1285	(2) on a school bus; or
1286	1286	(3) by any unauthorized person 18 years of age or
1287	1287	older, in, on, or within 1,000 feet of premises owned, rented, or
1288	1288	leased by a general residential operation operating as a
1289	1289	residential treatment center.
1290	1290	SECTION 43. Section 481.140(a), Health and Safety Code, is
1291	1291	amended to read as follows:
1292	1292	(a) If it is shown at the punishment phase of the trial of an
1293	1293	offense otherwise punishable as a state jail felony, felony of the
1294	1294	third degree, or felony of the second degree under Section 481.112,
1295	1295	481.1121, 481.1123, 481.113, 481.114, [481.120,] or 481.122 that
1296	1296	the defendant used or attempted to use a child younger than 18 years
1297	1297	of age to commit or assist in the commission of the offense, the
1298	1298	punishment is increased by one degree, unless the defendant used or
1299	1299	threatened to use force against the child or another to gain the
1300	1300	child's assistance, in which event the punishment for the offense
1301	1301	is a felony of the first degree.
1302	1302	SECTION 44. Section 481.151(1), Health and Safety Code, is
1303	1303	amended to read as follows:
1304	1304	(1) "Controlled substance property" means a
1305	1305	controlled substance, mixture containing a controlled substance,
1306	1306	controlled substance analogue, counterfeit controlled substance,
1307	1307	[drug paraphernalia,] chemical precursor, chemical laboratory
1308	1308	apparatus, or raw material.
1309	1309	SECTION 45. Section 483.041(f), Health and Safety Code, is
1310	1310	amended to read as follows:
1311	1311	(f) The defense to prosecution provided by Subsection (e) is
1312	1312	not available if:
1313	1313	(1) at the time the request for emergency medical
1314	1314	assistance was made:
1315	1315	(A) a peace officer was in the process of
1316	1316	arresting the actor or executing a search warrant describing the
1317	1317	actor or the place from which the request for medical assistance was
1318	1318	made; or
1319	1319	(B) the actor is committing another offense,
1320	1320	other than an offense punishable under Section 481.115(b),
1321	1321	481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
1322	1322	or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
1323	1323	Section 481.119(b)[, 481.125(a),] or 485.031(a);
1324	1324	(2) the actor has been previously convicted of or
1325	1325	placed on deferred adjudication community supervision for an
1326	1326	offense under this chapter or Chapter 481 or 485;
1327	1327	(3) the actor was acquitted in a previous proceeding
1328	1328	in which the actor successfully established the defense under that
1329	1329	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1330	1330	[481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
1331	1331	481.125(g),] or 485.031(c); or
1332	1332	(4) at any time during the 18-month period preceding
1333	1333	the date of the commission of the instant offense, the actor
1334	1334	requested emergency medical assistance in response to the possible
1335	1335	overdose of the actor or another person.
1336	1336	SECTION 46. Section 485.031(d), Health and Safety Code, is
1337	1337	amended to read as follows:
1338	1338	(d) The defense to prosecution provided by Subsection (c) is
1339	1339	not available if:
1340	1340	(1) at the time the request for emergency medical
1341	1341	assistance was made:
1342	1342	(A) a peace officer was in the process of
1343	1343	arresting the actor or executing a search warrant describing the
1344	1344	actor or the place from which the request for medical assistance was
1345	1345	made; or
1346	1346	(B) the actor is committing another offense,
1347	1347	other than an offense punishable under Section 481.115(b),
1348	1348	481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
1349	1349	or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
1350	1350	Section 481.119(b)[, 481.125(a),] or 483.041(a);
1351	1351	(2) the actor has been previously convicted of or
1352	1352	placed on deferred adjudication community supervision for an
1353	1353	offense under this chapter or Chapter 481 or 483;
1354	1354	(3) the actor was acquitted in a previous proceeding
1355	1355	in which the actor successfully established the defense under that
1356	1356	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1357	1357	[481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
1358	1358	481.125(g),] or 483.041(e); or
1359	1359	(4) at any time during the 18-month period preceding
1360	1360	the date of the commission of the instant offense, the actor
1361	1361	requested emergency medical assistance in response to the possible
1362	1362	overdose of the actor or another person.
1363	1363	SECTION 47. Section 31.0031(d), Human Resources Code, is
1364	1364	amended to read as follows:
1365	1365	(d) The responsibility agreement shall require that:
1366	1366	(1) the parent of a dependent child cooperate with the
1367	1367	commission and the Title IV-D agency if necessary to establish the
1368	1368	paternity of the dependent child and to establish or enforce child
1369	1369	support;
1370	1370	(2) if adequate and accessible providers of the
1371	1371	services are available in the geographic area and subject to the
1372	1372	availability of funds, each dependent child, as appropriate,
1373	1373	complete early and periodic screening, diagnosis, and treatment
1374	1374	checkups on schedule and receive the immunization series prescribed
1375	1375	by Section 161.004, Health and Safety Code, unless the child is
1376	1376	exempt under that section;
1377	1377	(3) each adult recipient, or teen parent recipient who
1378	1378	has completed the requirements regarding school attendance in
1379	1379	Subdivision (6), not voluntarily terminate paid employment of at
1380	1380	least 30 hours each week without good cause in accordance with rules
1381	1381	adopted by the executive commissioner;
1382	1382	(4) each adult recipient for whom a needs assessment
1383	1383	is conducted participate in an activity to enable that person to
1384	1384	become self-sufficient by:
1385	1385	(A) continuing the person's education or
1386	1386	becoming literate;
1387	1387	(B) entering a job placement or employment skills
1388	1388	training program;
1389	1389	(C) serving as a volunteer in the person's
1390	1390	community; or
1391	1391	(D) serving in a community work program or other
1392	1392	work program approved by the commission;
1393	1393	(5) each caretaker relative or parent receiving
1394	1394	assistance not use, sell, or possess [marihuana or] a controlled
1395	1395	substance in violation of Chapter 481, Health and Safety Code, or
1396	1396	abuse alcohol;
1397	1397	(6) each dependent child younger than 18 years of age
1398	1398	or teen parent younger than 19 years of age attend school regularly,
1399	1399	unless the child has a high school diploma or high school
1400	1400	equivalency certificate or is specifically exempted from school
1401	1401	attendance under Section 25.086, Education Code;
1402	1402	(7) each recipient comply with commission rules
1403	1403	regarding proof of school attendance; and
1404	1404	(8) each recipient attend appropriate parenting
1405	1405	skills training classes, as determined by the needs assessment.
1406	1406	SECTION 48. Section 1355.006, Insurance Code, is amended to
1407	1407	read as follows:
1408	1408	Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
1409	1409	CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. (a) In this
1410	1410	section, "controlled substance" has [and "marihuana" have] the
1411	1411	meaning [meanings] assigned by Section 481.002, Health and Safety
1412	1412	Code.
1413	1413	(b) This subchapter does not require a group health benefit
1414	1414	plan to provide coverage for the treatment of:
1415	1415	(1) addiction to a controlled substance [or marihuana]
1416	1416	that is used in violation of law; or
1417	1417	(2) mental illness that results from the use of a
1418	1418	controlled substance [or marihuana] in violation of law.
1419	1419	SECTION 49. Section 551.004(a), Occupations Code, is
1420	1420	amended to read as follows:
1421	1421	(a) This subtitle does not apply to:
1422	1422	(1) a practitioner licensed by the appropriate state
1423	1423	board who supplies a patient of the practitioner with a drug in a
1424	1424	manner authorized by state or federal law and who does not operate a
1425	1425	pharmacy for the retailing of prescription drugs;
1426	1426	(2) a member of the faculty of a college of pharmacy
1427	1427	recognized by the board who is a pharmacist and who performs the
1428	1428	pharmacist's services only for the benefit of the college;
1429	1429	(3) a person who procures prescription drugs for
1430	1430	lawful research, teaching, or testing and not for resale; or
1431	1431	(4) a home and community support services agency that
1432	1432	possesses a dangerous drug as authorized by Section 142.0061,
1433	1433	142.0062, or 142.0063, Health and Safety Code[; or
1434	1434	[(5) a dispensing organization, as defined by Section
1435	1435	487.001, Health and Safety Code, that cultivates, processes, and
1436	1436	dispenses low-THC cannabis, as authorized by Chapter 487, Health
1437	1437	and Safety Code, to a patient listed in the compassionate-use
1438	1438	registry established under that chapter].
1439	1439	SECTION 50. Section 71.023(a), Penal Code, is amended to
1440	1440	read as follows:
1441	1441	(a) A person commits an offense if the person, as part of the
1442	1442	identifiable leadership of a criminal street gang, knowingly
1443	1443	finances, directs, or supervises the commission of, or a conspiracy
1444	1444	to commit, one or more of the following offenses by members of a
1445	1445	criminal street gang:
1446	1446	(1) a felony offense that is listed in Article
1447	1447	42A.054(a), Code of Criminal Procedure;
1448	1448	(2) a felony offense for which it is shown that a
1449	1449	deadly weapon, as defined by Section 1.07, was used or exhibited
1450	1450	during the commission of the offense or during immediate flight
1451	1451	from the commission of the offense; or
1452	1452	(3) an offense that is punishable under Section
1453	1453	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), or
1454	1454	481.115(f), [or 481.120(b)(6),] Health and Safety Code.
1455	1455	SECTION 51. The changes in law made by this Act apply only
1456	1456	to an offense committed on or after the effective date of this Act.
1457	1457	An offense committed before the effective date of this Act is
1458	1458	governed by the law in effect on the date the offense was committed,
1459	1459	and the former law is continued in effect for that purpose. For
1460	1460	purposes of this section, an offense was committed before the
1461	1461	effective date of this Act if any element of the offense occurred
1462	1462	before that date.
1463	1463	SECTION 52. To the extent of any conflict, this Act prevails
1464	1464	over another Act of the 88th Legislature, Regular Session, 2023,
1465	1465	relating to nonsubstantive additions to and corrections in enacted
1466	1466	codes.
1467	1467	SECTION 53. This Act takes effect September 1, 2023.