| 1 | 1 | | By: Parker, Huffman S.B. No. 1388 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to creating the criminal offense of operating a premises |
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| 7 | 7 | | for unlawful controlled substance consumption. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 481.142 to read as follows: |
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| 11 | 11 | | Sec. 481.142. OFFENSE: OPERATING PREMISES FOR UNLAWFUL |
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| 12 | 12 | | CONTROLLED SUBSTANCE CONSUMPTION. (a) In this section, "premises" |
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| 13 | 13 | | has the meaning assigned by Section 46.03, Penal Code. |
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| 14 | 14 | | (b) A person commits an offense if the person: |
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| 15 | 15 | | (1) owns, rents, leases, manages, or otherwise |
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| 16 | 16 | | controls any premises, permanently or temporarily; and |
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| 17 | 17 | | (2) knowingly: |
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| 18 | 18 | | (A) operates the premises for the purpose of |
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| 19 | 19 | | allowing persons on the premises to use a controlled substance in |
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| 20 | 20 | | violation of this chapter; |
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| 21 | 21 | | (B) rents, leases, or otherwise profits from a |
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| 22 | 22 | | premises described by Subdivision (1) that is operated or otherwise |
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| 23 | 23 | | made available for the purpose of allowing persons on the premises |
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| 24 | 24 | | to use a controlled substance in violation of this chapter; or |
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| 25 | 25 | | (C) regardless of whether compensation is |
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| 26 | 26 | | expected or received, makes the premises available to others for |
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| 27 | 27 | | the purpose of allowing persons on the premises to use a controlled |
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| 28 | 28 | | substance in violation of this chapter. |
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| 29 | 29 | | (c) An offense under this section is a felony of the second |
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| 30 | 30 | | degree. |
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| 31 | 31 | | (d) This section does not apply to conduct engaged in with |
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| 32 | 32 | | respect to a premises on which controlled substances are consumed |
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| 33 | 33 | | pursuant to a valid prescription, including a facility for |
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| 34 | 34 | | medication-assisted treatment for opioid or substance use |
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| 35 | 35 | | disorder. |
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| 36 | 36 | | (e) If conduct that constitutes an offense under this |
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| 37 | 37 | | section also constitutes an offense under any other law, the actor |
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| 38 | 38 | | may be prosecuted under this section, the other law, or both. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2023. |
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