Texas 2023 - 88th Regular

Texas House Bill HB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 6
2	2
3	3
4	4	AN ACT
5	5	relating to the designation of fentanyl poisoning or fentanyl
6	6	toxicity for purposes of the death certificate and to the criminal
7	7	penalties for certain controlled substance offenses; increasing a
8	8	criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 193.005, Health and Safety Code, is
11	11	amended by adding Subsection (e-1) to read as follows:
12	12	(e-1) The medical certification on a death certificate must
13	13	include either the term "Fentanyl Poisoning" or the term "Fentanyl
14	14	Toxicity" if:
15	15	(1) a toxicology examination reveals a controlled
16	16	substance listed in Penalty Group 1-B present in the body of the
17	17	decedent in an amount or concentration that is considered to be
18	18	lethal by generally accepted scientific standards; and
19	19	(2) the results of an autopsy performed on the
20	20	decedent are consistent with an opioid overdose as the cause of
21	21	death.
22	22	SECTION 2. Section 481.102, Health and Safety Code, is
23	23	amended to read as follows:
24	24	Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists
25	25	of:
26	26	(1) the following opiates, including their isomers,
27	27	esters, ethers, salts, and salts of isomers, esters, and ethers,
28	28	unless specifically excepted, if the existence of these isomers,
29	29	esters, ethers, and salts is possible within the specific chemical
30	30	designation:
31	31	[Alfentanil;]
32	32	Allylprodine;
33	33	Alphacetylmethadol;
34	34	Benzethidine;
35	35	Betaprodine;
36	36	Clonitazene;
37	37	Diampromide;
38	38	Diethylthiambutene;
39	39	Difenoxin not listed in Penalty Group 3 or 4;
40	40	Dimenoxadol;
41	41	Dimethylthiambutene;
42	42	Dioxaphetyl butyrate;
43	43	Dipipanone;
44	44	Ethylmethylthiambutene;
45	45	Etonitazene;
46	46	Etoxeridine;
47	47	Furethidine;
48	48	Hydroxypethidine;
49	49	Ketobemidone;
50	50	Levophenacylmorphan;
51	51	Meprodine;
52	52	Methadol;
53	53	Moramide;
54	54	Morpheridine;
55	55	Noracymethadol;
56	56	Norlevorphanol;
57	57	Normethadone;
58	58	Norpipanone;
59	59	Phenadoxone;
60	60	Phenampromide;
61	61	Phenomorphan;
62	62	Phenoperidine;
63	63	Piritramide;
64	64	Proheptazine;
65	65	Properidine;
66	66	Propiram;
67	67	[Sufentanil;]
68	68	Tilidine; and
69	69	Trimeperidine;
70	70	(2) the following opium derivatives, their salts,
71	71	isomers, and salts of isomers, unless specifically excepted, if the
72	72	existence of these salts, isomers, and salts of isomers is possible
73	73	within the specific chemical designation:
74	74	Acetorphine;
75	75	Acetyldihydrocodeine;
76	76	Benzylmorphine;
77	77	Codeine methylbromide;
78	78	Codeine-N-Oxide;
79	79	Cyprenorphine;
80	80	Desomorphine;
81	81	Dihydromorphine;
82	82	Drotebanol;
83	83	Etorphine, except hydrochloride salt;
84	84	Heroin;
85	85	Hydromorphinol;
86	86	Methyldesorphine;
87	87	Methyldihydromorphine;
88	88	Monoacetylmorphine;
89	89	Morphine methylbromide;
90	90	Morphine methylsulfonate;
91	91	Morphine-N-Oxide;
92	92	Myrophine;
93	93	Nicocodeine;
94	94	Nicomorphine;
95	95	Normorphine;
96	96	Pholcodine; and
97	97	Thebacon;
98	98	(3) the following substances, however produced,
99	99	except those narcotic drugs listed in another group:
100	100	(A) Opium and opiate not listed in Penalty Group
101	101	3 or 4, and a salt, compound, derivative, or preparation of opium or
102	102	opiate, other than thebaine derived butorphanol, nalmefene and its
103	103	salts, naloxone and its salts, and naltrexone and its salts, but
104	104	including:
105	105	Codeine not listed in Penalty Group 3 or 4;
106	106	Dihydroetorphine;
107	107	Ethylmorphine not listed in Penalty Group 3
108	108	or 4;
109	109	Granulated opium;
110	110	Hydrocodone not listed in Penalty Group 3;
111	111	Hydromorphone;
112	112	Metopon;
113	113	Morphine not listed in Penalty Group 3;
114	114	Opium extracts;
115	115	Opium fluid extracts;
116	116	Oripavine;
117	117	Oxycodone;
118	118	Oxymorphone;
119	119	Powdered opium;
120	120	Raw opium;
121	121	Thebaine; and
122	122	Tincture of opium;
123	123	(B) a salt, compound, isomer, derivative, or
124	124	preparation of a substance that is chemically equivalent or
125	125	identical to a substance described by Paragraph (A), other than the
126	126	isoquinoline alkaloids of opium;
127	127	(C) Opium poppy and poppy straw;
128	128	(D) Cocaine, including:
129	129	(i) its salts, its optical, position, and
130	130	geometric isomers, and the salts of those isomers;
131	131	(ii) coca leaves and a salt, compound,
132	132	derivative, or preparation of coca leaves; and
133	133	(iii) a salt, compound, derivative, or
134	134	preparation of a salt, compound, or derivative that is chemically
135	135	equivalent or identical to a substance described by Subparagraph
136	136	(i) or (ii), other than decocainized coca leaves or extractions of
137	137	coca leaves that do not contain cocaine or ecgonine; and
138	138	(E) concentrate of poppy straw, meaning the crude
139	139	extract of poppy straw in liquid, solid, or powder form that
140	140	contains the phenanthrine alkaloids of the opium poppy;
141	141	(4) the following opiates, including their isomers,
142	142	esters, ethers, salts, and salts of isomers, if the existence of
143	143	these isomers, esters, ethers, and salts is possible within the
144	144	specific chemical designation:
145	145	[Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
146	146	phenethyl)-4-piperidinyl]-N-phenylacetamide);
147	147	[Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
148	148	thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);]
149	149	Alphaprodine;
150	150	Anileridine;
151	151	[Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
152	152	phenethyl)-4-piperidinyl] -N-phenylpropanamide);
153	153	[Beta-hydroxy-3-methylfentanyl;]
154	154	Bezitramide;
155	155	[Carfentanil;]
156	156	Dihydrocodeine not listed in Penalty Group 3 or 4;
157	157	Diphenoxylate not listed in Penalty Group 3 or 4;
158	158	Isomethadone;
159	159	Levomethorphan;
160	160	Levorphanol;
161	161	Metazocine;
162	162	Methadone;
163	163	Methadone-Intermediate, 4-cyano-2-dimethylamino-
164	164	4, 4-diphenyl butane;
165	165	[3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
166	166	4-piperidyl]-N-phenylpropanamide);
167	167	[3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
168	168	ethyl-4-piperidinyl]-N-phenylpropanamide);]
169	169	Moramide-Intermediate, 2-methyl-3-morpholino-1,
170	170	1-diphenyl-propane-carboxylic acid;
171	171	[Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
172	172	phenylethyl)-4-piperidinylpropanamide);]
173	173	PEPAP (1-(2-phenethyl)-4-phenyl-4-
174	174	acetoxypiperidine);
175	175	Pethidine (Meperidine);
176	176	Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
177	177	phenylpiperidine;
178	178	Pethidine-Intermediate-B, ethyl-4-
179	179	phenylpiperidine-4 carboxylate;
180	180	Pethidine-Intermediate-C, 1-methyl-4-
181	181	phenylpiperidine-4-carboxylic acid;
182	182	Phenazocine;
183	183	Piminodine;
184	184	Racemethorphan; and
185	185	Racemorphan;
186	186	[Remifentanil; and
187	187	[Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
188	188	piperidinyl]-propanamide);]
189	189	(5) Flunitrazepam (trade or other name: Rohypnol);
190	190	(6) Methamphetamine, including its salts, optical
191	191	isomers, and salts of optical isomers;
192	192	(7) Phenylacetone and methylamine, if possessed
193	193	together with intent to manufacture methamphetamine;
194	194	(8) Phencyclidine, including its salts;
195	195	(9) Gamma hydroxybutyric acid (some trade or other
196	196	names: gamma hydroxybutyrate, GHB), including its salts;
197	197	(10) Ketamine;
198	198	(11) Phenazepam;
199	199	(12) U-47700;
200	200	(13) AH-7921;
201	201	(14) ADB-FUBINACA;
202	202	(15) AMB-FUBINACA; and
203	203	(16) MDMB-CHMICA.
204	204	SECTION 3. Section 481.1022, Health and Safety Code, is
205	205	amended to read as follows:
206	206	Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B
207	207	consists of the following opiates, including their isomers, esters,
208	208	ethers, salts, and salts of isomers, esters, and ethers, if the
209	209	existence of these isomers, esters, ethers, and salts is possible
210	210	within the specific chemical designation:
211	211	Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
212	212	phenethyl)-4-piperidinyl]-N-phenylacetamide);
213	213	Alfentanil;
214	214	Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
215	215	thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
216	216	Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
217	217	phenethyl)-4-piperidinyl] -N-phenylpropanamide);
218	218	Beta-hydroxy-3-methylfentanyl;
219	219	Carfentanil;
220	220	Fentanyl [fentanyl], alpha-methylfentanyl, and
221	221	any other derivative of fentanyl;
222	222	3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
223	223	4-piperidyl]-N-phenylpropanamide);
224	224	3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
225	225	ethyl-4-piperidinyl]-N-phenylpropanamide);
226	226	Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
227	227	phenylethyl)-4-piperidinylpropanamide);
228	228	Remifentanil;
229	229	Sufentanil; and
230	230	Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
231	231	piperidinyl]-propanamide).
232	232	SECTION 4. Sections 481.112(e) and (f), Health and Safety
233	233	Code, are amended to read as follows:
234	234	(e) An offense under Subsection (a) is a felony of the first
235	235	degree punishable by imprisonment in the Texas Department of
236	236	Criminal Justice for life or for a term of not more than 99 years or
237	237	less than 10 years, and a fine not to exceed $100,000, if the amount
238	238	of the controlled substance to which the offense applies is, by
239	239	aggregate weight, including adulterants or dilutants, 200 grams or
240	240	more but less than 400 grams.
241	241	(f) An offense under Subsection (a) is a felony of the first
242	242	degree punishable by imprisonment in the Texas Department of
243	243	Criminal Justice for life or for a term of not more than 99 years or
244	244	less than 15 years, and a fine not to exceed $250,000, if the amount
245	245	of the controlled substance to which the offense applies is, by
246	246	aggregate weight, including adulterants or dilutants, 400 grams or
247	247	more.
248	248	SECTION 5. Section 481.1121(b), Health and Safety Code, is
249	249	amended to read as follows:
250	250	(b) An offense under this section is:
251	251	(1) a state jail felony if the number of abuse units of
252	252	the controlled substance is fewer than 20;
253	253	(2) a felony of the second degree if the number of
254	254	abuse units of the controlled substance is 20 or more but fewer than
255	255	80;
256	256	(3) a felony of the first degree if the number of abuse
257	257	units of the controlled substance is 80 or more but fewer than
258	258	4,000; and
259	259	(4) a felony of the first degree punishable by
260	260	imprisonment in the Texas Department of Criminal Justice for life
261	261	or for a term of not more than 99 years or less than 15 years and a
262	262	fine not to exceed $250,000, if the number of abuse units of the
263	263	controlled substance is 4,000 or more.
264	264	SECTION 6. Sections 481.1123(b), (d), (e), and (f), Health
265	265	and Safety Code, are amended to read as follows:
266	266	(b) An offense under Subsection (a) is a [state jail] felony
267	267	of the third degree if the amount of the controlled substance to
268	268	which the offense applies is, by aggregate weight, including
269	269	adulterants or dilutants, less than one gram.
270	270	(d) An offense under Subsection (a) is a felony of the first
271	271	degree punishable by imprisonment in the Texas Department of
272	272	Criminal Justice for life or for a term of not more than 99 years or
273	273	less than 10 years, and a fine not to exceed $20,000, if the amount
274	274	of the controlled substance to which the offense applies is, by
275	275	aggregate weight, including adulterants or dilutants, four grams or
276	276	more but less than 200 grams.
277	277	(e) An offense under Subsection (a) is a felony of the first
278	278	degree punishable by imprisonment in the Texas Department of
279	279	Criminal Justice for life or for a term of not more than 99 years or
280	280	less than 15 years, and a fine not to exceed $200,000, if the amount
281	281	of the controlled substance to which the offense applies is, by
282	282	aggregate weight, including adulterants or dilutants, 200 grams or
283	283	more but less than 400 grams.
284	284	(f) An offense under Subsection (a) is a felony of the first
285	285	degree punishable by imprisonment in the Texas Department of
286	286	Criminal Justice for life or for a term of not more than 99 years or
287	287	less than 20 years, and a fine not to exceed $500,000, if the amount
288	288	of the controlled substance to which the offense applies is, by
289	289	aggregate weight, including adulterants or dilutants, 400 grams or
290	290	more.
291	291	SECTION 7. Section 481.113(e), Health and Safety Code, is
292	292	amended to read as follows:
293	293	(e) An offense under Subsection (a) is a felony of the first
294	294	degree punishable by imprisonment in the Texas Department of
295	295	Criminal Justice for life or for a term of not more than 99 years or
296	296	less than 10 years, and a fine not to exceed $100,000, if the amount
297	297	of the controlled substance to which the offense applies is, by
298	298	aggregate weight, including adulterants or dilutants, 400 grams or
299	299	more.
300	300	SECTION 8. Section 481.114(e), Health and Safety Code, is
301	301	amended to read as follows:
302	302	(e) An offense under Subsection (a) is a felony of the first
303	303	degree punishable by imprisonment in the Texas Department of
304	304	Criminal Justice for life or for a term of not more than 99 years or
305	305	less than 10 years, and a fine not to exceed $100,000, if the amount
306	306	of the controlled substance to which the offense applies is, by
307	307	aggregate weight, including any adulterants or dilutants, 400 grams
308	308	or more.
309	309	SECTION 9. Section 481.115(f), Health and Safety Code, is
310	310	amended to read as follows:
311	311	(f) An offense under Subsection (a) is a felony of the first
312	312	degree punishable by imprisonment in the Texas Department of
313	313	Criminal Justice for life or for a term of not more than 99 years or
314	314	less than 10 years, and a fine not to exceed $100,000, if the amount
315	315	of the controlled substance possessed is, by aggregate weight,
316	316	including adulterants or dilutants, 400 grams or more.
317	317	SECTION 10. Section 481.1151(b), Health and Safety Code, is
318	318	amended to read as follows:
319	319	(b) An offense under this section is:
320	320	(1) a state jail felony if the number of abuse units of
321	321	the controlled substance is fewer than 20;
322	322	(2) a felony of the third degree if the number of abuse
323	323	units of the controlled substance is 20 or more but fewer than 80;
324	324	(3) a felony of the second degree if the number of
325	325	abuse units of the controlled substance is 80 or more but fewer than
326	326	4,000;
327	327	(4) a felony of the first degree if the number of abuse
328	328	units of the controlled substance is 4,000 or more but fewer than
329	329	8,000; and
330	330	(5) a felony of the first degree punishable by
331	331	imprisonment in the Texas Department of Criminal Justice for life
332	332	or for a term of not more than 99 years or less than 15 years and a
333	333	fine not to exceed $250,000, if the number of abuse units of the
334	334	controlled substance is 8,000 or more.
335	335	SECTION 11. Section 481.116(e), Health and Safety Code, is
336	336	amended to read as follows:
337	337	(e) An offense under Subsection (a) is a felony of the first
338	338	degree punishable by imprisonment in the Texas Department of
339	339	Criminal Justice for life or for a term of not more than 99 years or
340	340	less than five years, and a fine not to exceed $50,000, if the
341	341	amount of the controlled substance possessed is, by aggregate
342	342	weight, including adulterants or dilutants, 400 grams or more.
343	343	SECTION 12. Section 481.1161(b), Health and Safety Code, is
344	344	amended to read as follows:
345	345	(b) An offense under this section is:
346	346	(1) a Class B misdemeanor if the amount of the
347	347	controlled substance possessed is, by aggregate weight, including
348	348	adulterants or dilutants, two ounces or less;
349	349	(2) a Class A misdemeanor if the amount of the
350	350	controlled substance possessed is, by aggregate weight, including
351	351	adulterants or dilutants, four ounces or less but more than two
352	352	ounces;
353	353	(3) a state jail felony if the amount of the controlled
354	354	substance possessed is, by aggregate weight, including adulterants
355	355	or dilutants, five pounds or less but more than four ounces;
356	356	(4) a felony of the third degree if the amount of the
357	357	controlled substance possessed is, by aggregate weight, including
358	358	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
359	359	(5) a felony of the second degree if the amount of the
360	360	controlled substance possessed is, by aggregate weight, including
361	361	adulterants or dilutants, 2,000 pounds or less but more than 50
362	362	pounds; and
363	363	(6) a felony of the first degree punishable by
364	364	imprisonment in the Texas Department of Criminal Justice for life
365	365	or for a term of not more than 99 years or less than 5 years, and a
366	366	fine not to exceed $50,000, if the amount of the controlled
367	367	substance possessed is, by aggregate weight, including adulterants
368	368	or dilutants, more than 2,000 pounds.
369	369	SECTION 13. Section 481.117(e), Health and Safety Code, is
370	370	amended to read as follows:
371	371	(e) An offense under Subsection (a) is a felony of the first
372	372	degree punishable by imprisonment in the Texas Department of
373	373	Criminal Justice for life or for a term of not more than 99 years or
374	374	less than five years, and a fine not to exceed $50,000, if the
375	375	amount of the controlled substance possessed is, by aggregate
376	376	weight, including adulterants or dilutants, 400 grams or more.
377	377	SECTION 14. Section 481.118(e), Health and Safety Code, is
378	378	amended to read as follows:
379	379	(e) An offense under Subsection (a) is a felony of the first
380	380	degree punishable by imprisonment in the Texas Department of
381	381	Criminal Justice for life or for a term of not more than 99 years or
382	382	less than five years, and a fine not to exceed $50,000, if the
383	383	amount of the controlled substance possessed is, by aggregate
384	384	weight, including adulterants or dilutants, 400 grams or more.
385	385	SECTION 15. Section 481.120(b), Health and Safety Code, is
386	386	amended to read as follows:
387	387	(b) An offense under Subsection (a) is:
388	388	(1) a Class B misdemeanor if the amount of marihuana
389	389	delivered is one-fourth ounce or less and the person committing the
390	390	offense does not receive remuneration for the marihuana;
391	391	(2) a Class A misdemeanor if the amount of marihuana
392	392	delivered is one-fourth ounce or less and the person committing the
393	393	offense receives remuneration for the marihuana;
394	394	(3) a state jail felony if the amount of marihuana
395	395	delivered is five pounds or less but more than one-fourth ounce;
396	396	(4) a felony of the second degree if the amount of
397	397	marihuana delivered is 50 pounds or less but more than five pounds;
398	398	(5) a felony of the first degree if the amount of
399	399	marihuana delivered is 2,000 pounds or less but more than 50 pounds;
400	400	and
401	401	(6) a felony of the first degree punishable by
402	402	imprisonment in the Texas Department of Criminal Justice for life
403	403	or for a term of not more than 99 years or less than 10 years, and a
404	404	fine not to exceed $100,000, if the amount of marihuana delivered is
405	405	more than 2,000 pounds.
406	406	SECTION 16. Section 481.121(b), Health and Safety Code, is
407	407	amended to read as follows:
408	408	(b) An offense under Subsection (a) is:
409	409	(1) a Class B misdemeanor if the amount of marihuana
410	410	possessed is two ounces or less;
411	411	(2) a Class A misdemeanor if the amount of marihuana
412	412	possessed is four ounces or less but more than two ounces;
413	413	(3) a state jail felony if the amount of marihuana
414	414	possessed is five pounds or less but more than four ounces;
415	415	(4) a felony of the third degree if the amount of
416	416	marihuana possessed is 50 pounds or less but more than 5 pounds;
417	417	(5) a felony of the second degree if the amount of
418	418	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
419	419	and
420	420	(6) a felony of the first degree punishable by
421	421	imprisonment in the Texas Department of Criminal Justice for life
422	422	or for a term of not more than 99 years or less than 5 years, and a
423	423	fine not to exceed $50,000, if the amount of marihuana possessed is
424	424	more than 2,000 pounds.
425	425	SECTION 17. Section 481.126(a), Health and Safety Code, is
426	426	amended to read as follows:
427	427	(a) A person commits an offense if the person:
428	428	(1) barters property or expends funds the person knows
429	429	are derived from the commission of a first degree felony [an]
430	430	offense under this chapter punishable by imprisonment in the Texas
431	431	Department of Criminal Justice for life;
432	432	(2) barters property or expends funds the person knows
433	433	are derived from the commission of an offense under Section
434	434	481.121(a) that is punishable under Section 481.121(b)(5);
435	435	(3) barters property or finances or invests funds the
436	436	person knows or believes are intended to further the commission of
437	437	an offense for which the punishment is described by Subdivision
438	438	(1); or
439	439	(4) barters property or finances or invests funds the
440	440	person knows or believes are intended to further the commission of
441	441	an offense under Section 481.121(a) that is punishable under
442	442	Section 481.121(b)(5).
443	443	SECTION 18. Section 481.134(c), Health and Safety Code, as
444	444	amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the
445	445	87th Legislature, Regular Session, 2021, is reenacted and amended
446	446	to read as follows:
447	447	(c) The minimum term of confinement or imprisonment for an
448	448	offense otherwise punishable under Section 481.112(c), (d), (e), or
449	449	(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c) [481.1123(c)],
450	450	(d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
451	451	481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d),
452	452	or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
453	453	481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
454	454	481.121(b)(4), (5), or (6) is increased by five years and the
455	455	maximum fine for the offense is doubled if it is shown on the trial
456	456	of the offense that the offense was committed:
457	457	(1) in, on, or within 1,000 feet of the premises of a
458	458	school, the premises of a public or private youth center, or a
459	459	playground;
460	460	(2) on a school bus; or
461	461	(3) by any unauthorized person 18 years of age or
462	462	older, in, on, or within 1,000 feet of premises owned, rented, or
463	463	leased by a general residential operation operating as a
464	464	residential treatment center.
465	465	SECTION 19. Section 481.141, Health and Safety Code, is
466	466	amended by adding Subsection (d) to read as follows:
467	467	(d) Punishment may not be increased under this section if
468	468	the defendant is also prosecuted under Section 19.02(b)(4), Penal
469	469	Code, for conduct occurring during the same criminal episode.
470	470	SECTION 20. Section 19.02, Penal Code, is amended by
471	471	amending Subsection (b) and adding Subsection (e) to read as
472	472	follows:
473	473	(b) A person commits an offense if the person [he]:
474	474	(1) intentionally or knowingly causes the death of an
475	475	individual;
476	476	(2) intends to cause serious bodily injury and commits
477	477	an act clearly dangerous to human life that causes the death of an
478	478	individual; [or]
479	479	(3) commits or attempts to commit a felony, other than
480	480	manslaughter, and in the course of and in furtherance of the
481	481	commission or attempt, or in immediate flight from the commission
482	482	or attempt, the person [he] commits or attempts to commit an act
483	483	clearly dangerous to human life that causes the death of an
484	484	individual; or
485	485	(4) knowingly manufactures or delivers a controlled
486	486	substance included in Penalty Group 1-B under Section 481.1022,
487	487	Health and Safety Code, in violation of Section 481.1123, Health
488	488	and Safety Code, and an individual dies as a result of injecting,
489	489	ingesting, inhaling, or introducing into the individual's body any
490	490	amount of the controlled substance manufactured or delivered by the
491	491	actor, regardless of whether the controlled substance was used by
492	492	itself or with another substance, including a drug, adulterant, or
493	493	dilutant.
494	494	(e) It is a defense to prosecution under Subsection (b)(4)
495	495	that the actor's conduct in manufacturing or delivering the
496	496	controlled substance was authorized under Chapter 481, Health and
497	497	Safety Code, or other state or federal law.
498	498	SECTION 21. Section 71.02(a), Penal Code, is amended to
499	499	read as follows:
500	500	(a) A person commits an offense if, with the intent to
501	501	establish, maintain, or participate in a combination or in the
502	502	profits of a combination or as a member of a criminal street gang,
503	503	the person commits or conspires to commit one or more of the
504	504	following:
505	505	(1) murder, capital murder, arson, aggravated
506	506	robbery, robbery, burglary, theft, aggravated kidnapping,
507	507	kidnapping, aggravated assault, aggravated sexual assault, sexual
508	508	assault, continuous sexual abuse of young child or disabled
509	509	individual, solicitation of a minor, forgery, deadly conduct,
510	510	assault punishable as a Class A misdemeanor, burglary of a motor
511	511	vehicle, or unauthorized use of a motor vehicle;
512	512	(2) any gambling offense punishable as a Class A
513	513	misdemeanor;
514	514	(3) promotion of prostitution, aggravated promotion
515	515	of prostitution, or compelling prostitution;
516	516	(4) unlawful manufacture, transportation, repair, or
517	517	sale of firearms or prohibited weapons;
518	518	(5) unlawful manufacture, delivery, dispensation, or
519	519	distribution of a controlled substance or dangerous drug, or
520	520	unlawful possession of a controlled substance or dangerous drug
521	521	through forgery, fraud, misrepresentation, or deception;
522	522	(5-a) causing the unlawful delivery, dispensation, or
523	523	distribution of a controlled substance or dangerous drug in
524	524	violation of Subtitle B, Title 3, Occupations Code;
525	525	(5-b) unlawful possession with intent to deliver a
526	526	controlled substance listed in Penalty Group 1-B under Section
527	527	481.1022, Health and Safety Code;
528	528	(6) any unlawful wholesale promotion or possession of
529	529	any obscene material or obscene device with the intent to wholesale
530	530	promote the same;
531	531	(7) any offense under Subchapter B, Chapter 43,
532	532	depicting or involving conduct by or directed toward a child
533	533	younger than 18 years of age;
534	534	(8) any felony offense under Chapter 32;
535	535	(9) any offense under Chapter 36;
536	536	(10) any offense under Chapter 34, 35, or 35A;
537	537	(11) any offense under Section 37.11(a);
538	538	(12) any offense under Chapter 20A;
539	539	(13) any offense under Section 37.10;
540	540	(14) any offense under Section 38.06, 38.07, 38.09, or
541	541	38.11;
542	542	(15) any offense under Section 42.10;
543	543	(16) any offense under Section 46.06(a)(1) or 46.14;
544	544	(17) any offense under Section 20.05 or 20.06;
545	545	(18) any offense under Section 16.02; or
546	546	(19) any offense classified as a felony under the Tax
547	547	Code.
548	548	SECTION 22. The change in law made by this Act to Section
549	549	193.005, Health and Safety Code, applies only to a death that occurs
550	550	on or after the effective date of this Act, or a death that occurs
551	551	before that date but is discovered on or after the effective date of
552	552	this Act.
553	553	SECTION 23. The changes in law made by this Act to Chapter
554	554	481, Health and Safety Code, and Sections 19.02 and 71.02, Penal
555	555	Code, apply only to an offense committed on or after the effective
556	556	date of this Act. An offense committed before the effective date of
557	557	this Act is governed by the law in effect on the date the offense was
558	558	committed, and the former law is continued in effect for that
559	559	purpose. For purposes of this section, an offense was committed
560	560	before the effective date of this Act if any element of the offense
561	561	occurred before that date.
562	562	SECTION 24. To the extent of any conflict, this Act prevails
563	563	over another Act of the 88th Legislature, Regular Session, 2023,
564	564	relating to nonsubstantive additions to and corrections in enacted
565	565	codes.
566	566	SECTION 25. This Act takes effect September 1, 2023.
567	567	______________________________ ______________________________
568	568	President of the Senate Speaker of the House
569	569	I certify that H.B. No. 6 was passed by the House on April 28,
570	570	2023, by the following vote: Yeas 124, Nays 21, 1 present, not
571	571	voting; and that the House concurred in Senate amendments to H.B.
572	572	No. 6 on May 19, 2023, by the following vote: Yeas 125, Nays 10, 2
573	573	present, not voting.
574	574	______________________________
575	575	Chief Clerk of the House
576	576	I certify that H.B. No. 6 was passed by the Senate, with
577	577	amendments, on May 16, 2023, by the following vote: Yeas 30, Nays
578	578	1.
579	579	______________________________
580	580	Secretary of the Senate
581	581	APPROVED: __________________
582	582	Date
583	583	__________________
584	584	Governor