88R1019 JSC-D
By: Wu H.B. No. 520
A BILL TO BE ENTITLED
AN ACT
relating to criminal penalties for possession offenses under the
Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. POSSESSION OFFENSE PENALTIES
SECTION 1.01. Section 481.115(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, one gram or more [but
less than four grams].
SECTION 1.02. Section 481.1151(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of
the controlled substance is fewer than 20; and
(2) a felony of the third degree with a maximum term of
imprisonment of five years if the number of abuse units of the
controlled substance is 20 or more [but fewer than 80;
[(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
[(4) a felony of the first degree if the number of
abuse units of the controlled substance is 4,000 or more but fewer
than 8,000; and
[(5) punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 15 years and a fine not to exceed
$250,000, if the number of abuse units of the controlled substance
is 8,000 or more].
SECTION 1.03. Section 481.116(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, one gram or more [but
less than four grams].
SECTION 1.04. Section 481.1161(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under this section is:
(1) a Class B misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, two ounces or less;
(2) a Class A misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four ounces or less but more than two
ounces;
(3) a state jail felony if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, five pounds or less but more than four ounces; and
(4) a felony of the third degree with a maximum term of
imprisonment of five years if the amount of the controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, [50 pounds or less but] more than 5 pounds[;
[(5) a felony of the second degree if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, 2,000 pounds or less but more than 50
pounds; and
[(6) punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, more than
2,000 pounds].
SECTION 1.05. Section 481.117(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, 28 grams or more [but
less than 200 grams].
SECTION 1.06. Section 481.118(c), Health and Safety Code,
is amended to read as follows:
(c) An offense under Subsection (a) is a felony of the third
degree with a maximum term of imprisonment of five years if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, 28 grams or more [but
less than 200 grams].
SECTION 1.07. Section 481.121(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana
possessed is five pounds or less but more than four ounces; and
(4) a felony of the third degree with a maximum term of
imprisonment of five years if the amount of marihuana possessed is
[50 pounds or less but] more than 5 pounds[;
[(5) a felony of the second degree if the amount of
marihuana possessed is 2,000 pounds or less but more than 50 pounds;
and
[(6) punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of marihuana possessed is more than 2,000 pounds].
SECTION 1.08. Section 481.134(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, is reenacted and
amended to read as follows:
(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), or
[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),
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 1.09. 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), or
[481.115(b), 481.1151(b)(1), 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),] 481.119(a) or [,] 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), 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 1.10. The following provisions of the Health and
Safety Code are repealed:
(1) Sections 481.115(d), (e), and (f);
(2) Sections 481.116(d) and (e);
(3) Sections 481.117(d) and (e); and
(4) Sections 481.118(d) and (e).
ARTICLE 2. PRIOR CONVICTIONS
SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is
amended by adding Section 12.495 to read as follows:
Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO
ENHANCEMENT. Notwithstanding any other provision of this
subchapter:
(1) a previous conviction for an offense under Section
481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not
be used for enhancement purposes under this subchapter; and
(2) a previous conviction for any offense may not be
used for enhancing an offense under Section 481.115, 481.1151,
481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or
481.125(a), Health and Safety Code, under any provision of this
subchapter.
ARTICLE 3. CONFORMING CHANGES
SECTION 3.01. 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 3.02. 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),
[481.115(f),] or 481.120(b)(6), Health and Safety Code.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. The changes in law made by this Act apply to
an offense committed before, on, or after September 1, 2023, except
that a final conviction for an offense that exists on September 1,
2023, is unaffected by this Act.
SECTION 4.02. 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 4.03. This Act takes effect September 1, 2023.