Texas 2023 88th Regular

Texas House Bill HB6 Senate Committee Report / Bill

Filed 05/12/2023

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                    By: Goldman, et al. (Senate Sponsor - Huffman) H.B. No. 6
 (In the Senate - Received from the House May 1, 2023;
 May 2, 2023, read first time and referred to Committee on Criminal
 Justice; May 12, 2023, reported adversely, with favorable
 Committee Substitute by the following vote:  Yeas 6, Nays 0;
 May 12, 2023, sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR H.B. No. 6 By:  Huffman


 A BILL TO BE ENTITLED
 AN ACT
 relating to the designation of fentanyl toxicity for purposes of
 the death certificate and to the criminal penalties for certain
 controlled substance offenses; increasing a criminal penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 193.005, Health and Safety Code, is
 amended by adding Subsection (e-1) to read as follows:
 (e-1)  The medical certification on a death certificate must
 include the term "Fentanyl Toxicity" if:
 (1)  a toxicology examination reveals a controlled
 substance listed in Penalty Group 1-B present in the body of the
 decedent in an amount or concentration that is considered to be
 lethal by generally accepted scientific standards; and
 (2)  the results of an autopsy performed on the
 decedent are consistent with an opioid overdose as the cause of
 death.
 SECTION 2.  Section 481.102, Health and Safety Code, is
 amended to read as follows:
 Sec. 481.102.  PENALTY GROUP 1.  Penalty Group 1 consists
 of:
 (1)  the following opiates, including their isomers,
 esters, ethers, salts, and salts of isomers, esters, and ethers,
 unless specifically excepted, if the existence of these isomers,
 esters, ethers, and salts is possible within the specific chemical
 designation:
 [Alfentanil;]
 Allylprodine;
 Alphacetylmethadol;
 Benzethidine;
 Betaprodine;
 Clonitazene;
 Diampromide;
 Diethylthiambutene;
 Difenoxin not listed in Penalty Group 3 or 4;
 Dimenoxadol;
 Dimethylthiambutene;
 Dioxaphetyl butyrate;
 Dipipanone;
 Ethylmethylthiambutene;
 Etonitazene;
 Etoxeridine;
 Furethidine;
 Hydroxypethidine;
 Ketobemidone;
 Levophenacylmorphan;
 Meprodine;
 Methadol;
 Moramide;
 Morpheridine;
 Noracymethadol;
 Norlevorphanol;
 Normethadone;
 Norpipanone;
 Phenadoxone;
 Phenampromide;
 Phenomorphan;
 Phenoperidine;
 Piritramide;
 Proheptazine;
 Properidine;
 Propiram;
 [Sufentanil;]
 Tilidine; and
 Trimeperidine;
 (2)  the following opium derivatives, their salts,
 isomers, and salts of isomers, unless specifically excepted, if the
 existence of these salts, isomers, and salts of isomers is possible
 within the specific chemical designation:
 Acetorphine;
 Acetyldihydrocodeine;
 Benzylmorphine;
 Codeine methylbromide;
 Codeine-N-Oxide;
 Cyprenorphine;
 Desomorphine;
 Dihydromorphine;
 Drotebanol;
 Etorphine, except hydrochloride salt;
 Heroin;
 Hydromorphinol;
 Methyldesorphine;
 Methyldihydromorphine;
 Monoacetylmorphine;
 Morphine methylbromide;
 Morphine methylsulfonate;
 Morphine-N-Oxide;
 Myrophine;
 Nicocodeine;
 Nicomorphine;
 Normorphine;
 Pholcodine; and
 Thebacon;
 (3)  the following substances, however produced,
 except those narcotic drugs listed in another group:
 (A)  Opium and opiate not listed in Penalty Group
 3 or 4, and a salt, compound, derivative, or preparation of opium or
 opiate, other than thebaine derived butorphanol, nalmefene and its
 salts, naloxone and its salts, and naltrexone and its salts, but
 including:
 Codeine not listed in Penalty Group 3 or 4;
 Dihydroetorphine;
 Ethylmorphine not listed in Penalty Group 3
 or 4;
 Granulated opium;
 Hydrocodone not listed in Penalty Group 3;
 Hydromorphone;
 Metopon;
 Morphine not listed in Penalty Group 3;
 Opium extracts;
 Opium fluid extracts;
 Oripavine;
 Oxycodone;
 Oxymorphone;
 Powdered opium;
 Raw opium;
 Thebaine; and
 Tincture of opium;
 (B)  a salt, compound, isomer, derivative, or
 preparation of a substance that is chemically equivalent or
 identical to a substance described by Paragraph (A), other than the
 isoquinoline alkaloids of opium;
 (C)  Opium poppy and poppy straw;
 (D)  Cocaine, including:
 (i)  its salts, its optical, position, and
 geometric isomers, and the salts of those isomers;
 (ii)  coca leaves and a salt, compound,
 derivative, or preparation of coca leaves; and
 (iii)  a salt, compound, derivative, or
 preparation of a salt, compound, or derivative that is chemically
 equivalent or identical to a substance described by Subparagraph
 (i) or (ii), other than decocainized coca leaves or extractions of
 coca leaves that do not contain cocaine or ecgonine; and
 (E)  concentrate of poppy straw, meaning the crude
 extract of poppy straw in liquid, solid, or powder form that
 contains the phenanthrine alkaloids of the opium poppy;
 (4)  the following opiates, including their isomers,
 esters, ethers, salts, and salts of isomers, if the existence of
 these isomers, esters, ethers, and salts is possible within the
 specific chemical designation:
 [Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
 phenethyl)-4-piperidinyl]-N-phenylacetamide);
 [Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);]
 Alphaprodine;
 Anileridine;
 [Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
 phenethyl)-4-piperidinyl] -N-phenylpropanamide);
 [Beta-hydroxy-3-methylfentanyl;]
 Bezitramide;
 [Carfentanil;]
 Dihydrocodeine not listed in Penalty Group 3 or 4;
 Diphenoxylate not listed in Penalty Group 3 or 4;
 Isomethadone;
 Levomethorphan;
 Levorphanol;
 Metazocine;
 Methadone;
 Methadone-Intermediate, 4-cyano-2-dimethylamino-
 4, 4-diphenyl butane;
 [3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
 4-piperidyl]-N-phenylpropanamide);
 [3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
 ethyl-4-piperidinyl]-N-phenylpropanamide);]
 Moramide-Intermediate, 2-methyl-3-morpholino-1,
 1-diphenyl-propane-carboxylic acid;
 [Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
 phenylethyl)-4-piperidinylpropanamide);]
 PEPAP (1-(2-phenethyl)-4-phenyl-4-
 acetoxypiperidine);
 Pethidine (Meperidine);
 Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
 phenylpiperidine;
 Pethidine-Intermediate-B, ethyl-4-
 phenylpiperidine-4 carboxylate;
 Pethidine-Intermediate-C, 1-methyl-4-
 phenylpiperidine-4-carboxylic acid;
 Phenazocine;
 Piminodine;
 Racemethorphan; and
 Racemorphan;
 [Remifentanil; and
 [Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
 piperidinyl]-propanamide);]
 (5)  Flunitrazepam (trade or other name: Rohypnol);
 (6)  Methamphetamine, including its salts, optical
 isomers, and salts of optical isomers;
 (7)  Phenylacetone and methylamine, if possessed
 together with intent to manufacture methamphetamine;
 (8)  Phencyclidine, including its salts;
 (9)  Gamma hydroxybutyric acid (some trade or other
 names: gamma hydroxybutyrate, GHB), including its salts;
 (10)  Ketamine;
 (11)  Phenazepam;
 (12)  U-47700;
 (13)  AH-7921;
 (14)  ADB-FUBINACA;
 (15)  AMB-FUBINACA; and
 (16)  MDMB-CHMICA.
 SECTION 3.  Section 481.1022, Health and Safety Code, is
 amended to read as follows:
 Sec. 481.1022.  PENALTY GROUP 1-B.  Penalty Group 1-B
 consists of the following opiates, including their isomers, esters,
 ethers, salts, and salts of isomers, esters, and ethers, if the
 existence of these isomers, esters, ethers, and salts is possible
 within the specific chemical designation:
 Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
 phenethyl)-4-piperidinyl]-N-phenylacetamide);
 Alfentanil;
 Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
 thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
 Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
 phenethyl)-4-piperidinyl] -N-phenylpropanamide);
 Beta-hydroxy-3-methylfentanyl;
 Carfentanil;
 Fentanyl [fentanyl], alpha-methylfentanyl, and
 any other derivative of fentanyl;
 3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
 4-piperidyl]-N-phenylpropanamide);
 3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
 ethyl-4-piperidinyl]-N-phenylpropanamide);
 Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
 phenylethyl)-4-piperidinylpropanamide);
 Remifentanil;
 Sufentanil; and
 Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
 piperidinyl]-propanamide).
 SECTION 4.  Sections 481.112(e) and (f), Health and Safety
 Code, are amended to read as follows:
 (e)  An offense under Subsection (a) is a felony of the first
 degree 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 10 years, and a fine not to exceed $100,000, if the amount
 of the controlled substance to which the offense applies is, by
 aggregate weight, including adulterants or dilutants, 200 grams or
 more but less than 400 grams.
 (f)  An offense under Subsection (a) is a felony of the first
 degree 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 amount
 of the controlled substance to which the offense applies is, by
 aggregate weight, including adulterants or dilutants, 400 grams or
 more.
 SECTION 5.  Section 481.1121(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;
 (2)  a felony of the second degree if the number of
 abuse units of the controlled substance is 20 or more but fewer than
 80;
 (3)  a felony of the first degree if the number of abuse
 units of the controlled substance is 80 or more but fewer than
 4,000; and
 (4)  a felony of the first degree 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 4,000 or more.
 SECTION 6.  Sections 481.1123(b), (d), (e), and (f), Health
 and Safety Code, are amended to read as follows:
 (b)  An offense under Subsection (a) is a [state jail] felony
 of the third degree if the amount of the controlled substance to
 which the offense applies is, by aggregate weight, including
 adulterants or dilutants, less than one gram.
 (d)  An offense under Subsection (a) is a felony of the first
 degree 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 10 years, and a fine not to exceed $20,000, if the amount
 of the controlled substance to which the offense applies is, by
 aggregate weight, including adulterants or dilutants, four grams or
 more but less than 200 grams.
 (e)  An offense under Subsection (a) is a felony of the first
 degree 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 $200,000, if the amount
 of the controlled substance to which the offense applies is, by
 aggregate weight, including adulterants or dilutants, 200 grams or
 more but less than 400 grams.
 (f)  An offense under Subsection (a) is a felony of the first
 degree 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 20 years, and a fine not to exceed $500,000, if the amount
 of the controlled substance to which the offense applies is, by
 aggregate weight, including adulterants or dilutants, 400 grams or
 more.
 SECTION 7.  Section 481.113(e), Health and Safety Code, is
 amended to read as follows:
 (e)  An offense under Subsection (a) is a felony of the first
 degree 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 10 years, and a fine not to exceed $100,000, if the amount
 of the controlled substance to which the offense applies is, by
 aggregate weight, including adulterants or dilutants, 400 grams or
 more.
 SECTION 8.  Section 481.114(e), Health and Safety Code, is
 amended to read as follows:
 (e)  An offense under Subsection (a) is a felony of the first
 degree 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 10 years, and a fine not to exceed $100,000, if the amount
 of the controlled substance to which the offense applies is, by
 aggregate weight, including any adulterants or dilutants, 400 grams
 or more.
 SECTION 9.  Section 481.115(f), Health and Safety Code, is
 amended to read as follows:
 (f)  An offense under Subsection (a) is a felony of the first
 degree 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 10 years, and a fine not to exceed $100,000, if the amount
 of the controlled substance possessed is, by aggregate weight,
 including adulterants or dilutants, 400 grams or more.
 SECTION 10.  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;
 (2)  a felony of the third degree 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)  a felony of the first degree 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 11.  Section 481.116(e), Health and Safety Code, is
 amended to read as follows:
 (e)  An offense under Subsection (a) is a felony of the first
 degree 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 five 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, 400 grams or more.
 SECTION 12.  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;
 (4)  a felony of the third degree 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)  a felony of the first degree 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 13.  Section 481.117(e), Health and Safety Code, is
 amended to read as follows:
 (e)  An offense under Subsection (a) is a felony of the first
 degree 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 five 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, 400 grams or more.
 SECTION 14.  Section 481.118(e), Health and Safety Code, is
 amended to read as follows:
 (e)  An offense under Subsection (a) is a felony of the first
 degree 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 five 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, 400 grams or more.
 SECTION 15.  Section 481.120(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
 delivered is one-fourth ounce or less and the person committing the
 offense does not receive remuneration for the marihuana;
 (2)  a Class A misdemeanor if the amount of marihuana
 delivered is one-fourth ounce or less and the person committing the
 offense receives remuneration for the marihuana;
 (3)  a state jail felony if the amount of marihuana
 delivered is five pounds or less but more than one-fourth ounce;
 (4)  a felony of the second degree if the amount of
 marihuana delivered is 50 pounds or less but more than five pounds;
 (5)  a felony of the first degree if the amount of
 marihuana delivered is 2,000 pounds or less but more than 50 pounds;
 and
 (6)  a felony of the first degree 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 10 years, and a
 fine not to exceed $100,000, if the amount of marihuana delivered is
 more than 2,000 pounds.
 SECTION 16.  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;
 (4)  a felony of the third degree 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)  a felony of the first degree 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 17.  Section 481.126(a), Health and Safety Code, is
 amended to read as follows:
 (a)  A person commits an offense if the person:
 (1)  barters property or expends funds the person knows
 are derived from the commission of a first degree felony [an]
 offense under this chapter punishable by imprisonment in the Texas
 Department of Criminal Justice for life;
 (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).
 SECTION 18.  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(b), (c) [481.1123(c)],
 (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
 481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d),
 or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
 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 19.  Section 481.141, Health and Safety Code, is
 amended by adding Subsection (d) to read as follows:
 (d)  Punishment may not be increased under this section if
 the defendant is also prosecuted under Section 19.02(b)(4), Penal
 Code, for conduct occurring during the same criminal episode.
 SECTION 20.  Section 19.02, Penal Code, is amended by
 amending Subsection (b) and adding Subsection (e) to read as
 follows:
 (b)  A person commits an offense if the person [he]:
 (1)  intentionally or knowingly causes the death of an
 individual;
 (2)  intends to cause serious bodily injury and commits
 an act clearly dangerous to human life that causes the death of an
 individual; [or]
 (3)  commits or attempts to commit a felony, other than
 manslaughter, and in the course of and in furtherance of the
 commission or attempt, or in immediate flight from the commission
 or attempt, the person [he] commits or attempts to commit an act
 clearly dangerous to human life that causes the death of an
 individual; or
 (4)  knowingly manufactures or delivers a controlled
 substance included in Penalty Group 1-B under Section 481.1022,
 Health and Safety Code, in violation of Section 481.1123, Health
 and Safety Code, and an individual dies as a result of injecting,
 ingesting, inhaling, or introducing into the individual's body any
 amount of the controlled substance manufactured or delivered by the
 actor, regardless of whether the controlled substance was used by
 itself or with another substance, including a drug, adulterant, or
 dilutant.
 (e)  It is a defense to prosecution under Subsection (b)(4)
 that the actor's conduct in manufacturing or delivering the
 controlled substance was authorized under Chapter 481, Health and
 Safety Code, or other state or federal law.
 SECTION 21.  Section 71.02(a), Penal Code, is amended to
 read as follows:
 (a)  A person commits an offense if, with the intent to
 establish, maintain, or participate in a combination or in the
 profits of a combination or as a member of a criminal street gang,
 the person commits or conspires to commit one or more of the
 following:
 (1)  murder, capital murder, arson, aggravated
 robbery, robbery, burglary, theft, aggravated kidnapping,
 kidnapping, aggravated assault, aggravated sexual assault, sexual
 assault, continuous sexual abuse of young child or disabled
 individual, solicitation of a minor, forgery, deadly conduct,
 assault punishable as a Class A misdemeanor, burglary of a motor
 vehicle, or unauthorized use of a motor vehicle;
 (2)  any gambling offense punishable as a Class A
 misdemeanor;
 (3)  promotion of prostitution, aggravated promotion
 of prostitution, or compelling prostitution;
 (4)  unlawful manufacture, transportation, repair, or
 sale of firearms or prohibited weapons;
 (5)  unlawful manufacture, delivery, dispensation, or
 distribution of a controlled substance or dangerous drug, or
 unlawful possession of a controlled substance or dangerous drug
 through forgery, fraud, misrepresentation, or deception;
 (5-a)  causing the unlawful delivery, dispensation, or
 distribution of a controlled substance or dangerous drug in
 violation of Subtitle B, Title 3, Occupations Code;
 (5-b)  unlawful possession with intent to deliver a
 controlled substance listed in Penalty Group 1-B under Section
 481.1022, Health and Safety Code;
 (6)  any unlawful wholesale promotion or possession of
 any obscene material or obscene device with the intent to wholesale
 promote the same;
 (7)  any offense under Subchapter B, Chapter 43,
 depicting or involving conduct by or directed toward a child
 younger than 18 years of age;
 (8)  any felony offense under Chapter 32;
 (9)  any offense under Chapter 36;
 (10)  any offense under Chapter 34, 35, or 35A;
 (11)  any offense under Section 37.11(a);
 (12)  any offense under Chapter 20A;
 (13)  any offense under Section 37.10;
 (14)  any offense under Section 38.06, 38.07, 38.09, or
 38.11;
 (15)  any offense under Section 42.10;
 (16)  any offense under Section 46.06(a)(1) or 46.14;
 (17)  any offense under Section 20.05 or 20.06;
 (18)  any offense under Section 16.02; or
 (19)  any offense classified as a felony under the Tax
 Code.
 SECTION 22.  The change in law made by this Act to Section
 193.005, Health and Safety Code, applies only to a death that occurs
 on or after the effective date of this Act, or a death that occurs
 before that date but is discovered on or after the effective date of
 this Act.
 SECTION 23.  The changes in law made by this Act to Chapter
 481, Health and Safety Code, and Sections 19.02 and 71.02, Penal
 Code, apply only to an offense committed on or after the effective
 date of this Act. An offense committed before the effective date of
 this Act is governed by the law in effect on the date the offense was
 committed, and the former law is continued in effect for that
 purpose. For purposes of this section, an offense was committed
 before the effective date of this Act if any element of the offense
 occurred before that date.
 SECTION 24.  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 25.  This Act takes effect September 1, 2023.
 * * * * *