Texas 2023 88th Regular

Texas Senate Bill SB1388 Introduced / Bill

Filed 03/01/2023

                    88R13285 TYPED
 By: Parker S.B. No. 1388


 A BILL TO BE ENTITLED
 AN ACT
 relating to prohibiting the operation of supervised drug
 consumption sites; creating a criminal offense.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 481.002, Health and Safety Code is
 amended by adding subsection (56) to read as follows:
 (56)  "Supervised Drug Consumption Site" means any facility
 or premises operated or intended to provide an environment for the
 unlawful use of a controlled substance.
 SECTION 2.  Subchapter D, Chapter 481, Health and Safety
 Code is amended by adding Section 481.142 to read as follows:
 Sec. 481.142.  OFFENSE:  OPERATION OF SUPERVISED DRUG
 CONSUMPTION SITES. (a) A person commits an offense if the person:
 (1)  knowingly operates a supervised drug consumption
 site as defined by this chapter; or
 (2)  either as an owner, lessee, agent, employee,
 occupant, or mortgagee, knowingly and intentionally opens, leases,
 rents, profits from, maintains, or makes available for use, with or
 without compensation, any premises for the purpose of operating a
 supervised drug consumption site as defined by this chapter.
 (b)  An offense under Subsection (a) is a felony of the
 second degree.
 SECTION 3.  This Act takes effect September 1, 2023.