| 1 | 1 | | 88R3424 CJD-D |
|---|
| 2 | 2 | | By: Hinojosa S.B. No. 234 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the use, possession, delivery, or manufacture of |
|---|
| 8 | 8 | | testing equipment that identifies the presence of fentanyl, |
|---|
| 9 | 9 | | alpha-methylfentanyl, or any other derivative or controlled |
|---|
| 10 | 10 | | substance analogue of fentanyl. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 481.125, Health and Safety Code, is |
|---|
| 13 | 13 | | amended by adding Subsection (j) to read as follows: |
|---|
| 14 | 14 | | (j) This section does not apply to a person who uses, |
|---|
| 15 | 15 | | possesses with the intent to use, delivers, possesses with intent |
|---|
| 16 | 16 | | to deliver, or manufactures with intent to deliver testing |
|---|
| 17 | 17 | | equipment that identifies the presence of fentanyl, |
|---|
| 18 | 18 | | alpha-methylfentanyl, or any other derivative or controlled |
|---|
| 19 | 19 | | substance analogue of fentanyl. |
|---|
| 20 | 20 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 21 | 21 | | to an offense committed on or after the effective date of this Act. |
|---|
| 22 | 22 | | An offense committed before the effective date of this Act is |
|---|
| 23 | 23 | | governed by the law in effect at the time the offense was committed, |
|---|
| 24 | 24 | | and the former law is continued in effect for that purpose. For |
|---|
| 25 | 25 | | purposes of this section, an offense was committed before the |
|---|
| 26 | 26 | | effective date of this Act if any element of the offense occurred |
|---|
| 27 | 27 | | before that date. |
|---|
| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|