Texas 2023 - 88th Regular

Texas Senate Bill SB645 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Huffman, et al. S.B. No. 645
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the designation of fentanyl poisoning for purposes of
7	7	the death certificate and to the criminal penalties for certain
8	8	controlled substance offenses; increasing a 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 the term "Fentanyl Poisoning" if:
14	14	(1) a toxicology examination reveals a controlled
15	15	substance listed in Penalty Group 1-B present in the body of the
16	16	decedent in an amount or concentration that is considered to be
17	17	lethal by generally accepted scientific standards; and
18	18	(2) the results of an autopsy performed on the
19	19	decedent are consistent with an opioid overdose as the cause of
20	20	death.
21	21	SECTION 2. Section 481.102, Health and Safety Code, is
22	22	amended to read as follows:
23	23	Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists
24	24	of:
25	25	(1) the following opiates, including their isomers,
26	26	esters, ethers, salts, and salts of isomers, esters, and ethers,
27	27	unless specifically excepted, if the existence of these isomers,
28	28	esters, ethers, and salts is possible within the specific chemical
29	29	designation:
30	30	[Alfentanil;]
31	31	Allylprodine;
32	32	Alphacetylmethadol;
33	33	Benzethidine;
34	34	Betaprodine;
35	35	Clonitazene;
36	36	Diampromide;
37	37	Diethylthiambutene;
38	38	Difenoxin not listed in Penalty Group 3 or 4;
39	39	Dimenoxadol;
40	40	Dimethylthiambutene;
41	41	Dioxaphetyl butyrate;
42	42	Dipipanone;
43	43	Ethylmethylthiambutene;
44	44	Etonitazene;
45	45	Etoxeridine;
46	46	Furethidine;
47	47	Hydroxypethidine;
48	48	Ketobemidone;
49	49	Levophenacylmorphan;
50	50	Meprodine;
51	51	Methadol;
52	52	Moramide;
53	53	Morpheridine;
54	54	Noracymethadol;
55	55	Norlevorphanol;
56	56	Normethadone;
57	57	Norpipanone;
58	58	Phenadoxone;
59	59	Phenampromide;
60	60	Phenomorphan;
61	61	Phenoperidine;
62	62	Piritramide;
63	63	Proheptazine;
64	64	Properidine;
65	65	Propiram;
66	66	[Sufentanil;]
67	67	Tilidine; and
68	68	Trimeperidine;
69	69	(2) the following opium derivatives, their salts,
70	70	isomers, and salts of isomers, unless specifically excepted, if the
71	71	existence of these salts, isomers, and salts of isomers is possible
72	72	within the specific chemical designation:
73	73	Acetorphine;
74	74	Acetyldihydrocodeine;
75	75	Benzylmorphine;
76	76	Codeine methylbromide;
77	77	Codeine-N-Oxide;
78	78	Cyprenorphine;
79	79	Desomorphine;
80	80	Dihydromorphine;
81	81	Drotebanol;
82	82	Etorphine, except hydrochloride salt;
83	83	Heroin;
84	84	Hydromorphinol;
85	85	Methyldesorphine;
86	86	Methyldihydromorphine;
87	87	Monoacetylmorphine;
88	88	Morphine methylbromide;
89	89	Morphine methylsulfonate;
90	90	Morphine-N-Oxide;
91	91	Myrophine;
92	92	Nicocodeine;
93	93	Nicomorphine;
94	94	Normorphine;
95	95	Pholcodine; and
96	96	Thebacon;
97	97	(3) the following substances, however produced,
98	98	except those narcotic drugs listed in another group:
99	99	(A) Opium and opiate not listed in Penalty Group
100	100	3 or 4, and a salt, compound, derivative, or preparation of opium or
101	101	opiate, other than thebaine derived butorphanol, nalmefene and its
102	102	salts, naloxone and its salts, and naltrexone and its salts, but
103	103	including:
104	104	Codeine not listed in Penalty Group 3 or 4;
105	105	Dihydroetorphine;
106	106	Ethylmorphine not listed in Penalty Group 3
107	107	or 4;
108	108	Granulated opium;
109	109	Hydrocodone not listed in Penalty Group 3;
110	110	Hydromorphone;
111	111	Metopon;
112	112	Morphine not listed in Penalty Group 3;
113	113	Opium extracts;
114	114	Opium fluid extracts;
115	115	Oripavine;
116	116	Oxycodone;
117	117	Oxymorphone;
118	118	Powdered opium;
119	119	Raw opium;
120	120	Thebaine; and
121	121	Tincture of opium;
122	122	(B) a salt, compound, isomer, derivative, or
123	123	preparation of a substance that is chemically equivalent or
124	124	identical to a substance described by Paragraph (A), other than the
125	125	isoquinoline alkaloids of opium;
126	126	(C) Opium poppy and poppy straw;
127	127	(D) Cocaine, including:
128	128	(i) its salts, its optical, position, and
129	129	geometric isomers, and the salts of those isomers;
130	130	(ii) coca leaves and a salt, compound,
131	131	derivative, or preparation of coca leaves; and
132	132	(iii) a salt, compound, derivative, or
133	133	preparation of a salt, compound, or derivative that is chemically
134	134	equivalent or identical to a substance described by Subparagraph
135	135	(i) or (ii), other than decocainized coca leaves or extractions of
136	136	coca leaves that do not contain cocaine or ecgonine; and
137	137	(E) concentrate of poppy straw, meaning the crude
138	138	extract of poppy straw in liquid, solid, or powder form that
139	139	contains the phenanthrine alkaloids of the opium poppy;
140	140	(4) the following opiates, including their isomers,
141	141	esters, ethers, salts, and salts of isomers, if the existence of
142	142	these isomers, esters, ethers, and salts is possible within the
143	143	specific chemical designation:
144	144	[Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
145	145	phenethyl)-4-piperidinyl]-N-phenylacetamide);
146	146	[Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
147	147	thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);]
148	148	Alphaprodine;
149	149	Anileridine;
150	150	[Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
151	151	phenethyl)-4-piperidinyl] -N-phenylpropanamide);
152	152	[Beta-hydroxy-3-methylfentanyl;]
153	153	Bezitramide;
154	154	[Carfentanil;]
155	155	Dihydrocodeine not listed in Penalty Group 3 or 4;
156	156	Diphenoxylate not listed in Penalty Group 3 or 4;
157	157	Isomethadone;
158	158	Levomethorphan;
159	159	Levorphanol;
160	160	Metazocine;
161	161	Methadone;
162	162	Methadone-Intermediate, 4-cyano-2-dimethylamino-
163	163	4, 4-diphenyl butane;
164	164	[3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
165	165	4-piperidyl]-N-phenylpropanamide);
166	166	[3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
167	167	ethyl-4-piperidinyl]-N-phenylpropanamide);]
168	168	Moramide-Intermediate, 2-methyl-3-morpholino-1,
169	169	1-diphenyl-propane-carboxylic acid;
170	170	[Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
171	171	phenylethyl)-4-piperidinylpropanamide);]
172	172	PEPAP (1-(2-phenethyl)-4-phenyl-4-
173	173	acetoxypiperidine);
174	174	Pethidine (Meperidine);
175	175	Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
176	176	phenylpiperidine;
177	177	Pethidine-Intermediate-B, ethyl-4-
178	178	phenylpiperidine-4 carboxylate;
179	179	Pethidine-Intermediate-C, 1-methyl-4-
180	180	phenylpiperidine-4-carboxylic acid;
181	181	Phenazocine;
182	182	Piminodine;
183	183	Racemethorphan; and
184	184	Racemorphan;
185	185	[Remifentanil; and
186	186	[Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
187	187	piperidinyl]-propanamide);]
188	188	(5) Flunitrazepam (trade or other name: Rohypnol);
189	189	(6) Methamphetamine, including its salts, optical
190	190	isomers, and salts of optical isomers;
191	191	(7) Phenylacetone and methylamine, if possessed
192	192	together with intent to manufacture methamphetamine;
193	193	(8) Phencyclidine, including its salts;
194	194	(9) Gamma hydroxybutyric acid (some trade or other
195	195	names: gamma hydroxybutyrate, GHB), including its salts;
196	196	(10) Ketamine;
197	197	(11) Phenazepam;
198	198	(12) U-47700;
199	199	(13) AH-7921;
200	200	(14) ADB-FUBINACA;
201	201	(15) AMB-FUBINACA; and
202	202	(16) MDMB-CHMICA.
203	203	SECTION 3. Section 481.1022, Health and Safety Code, is
204	204	amended to read as follows:
205	205	Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B
206	206	consists of the following opiates, including their isomers, esters,
207	207	ethers, salts, and salts of isomers, esters, and ethers, if the
208	208	existence of these isomers, esters, ethers, and salts is possible
209	209	within the specific chemical designation:
210	210	Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
211	211	phenethyl)-4-piperidinyl]-N-phenylacetamide);
212	212	Alfentanil;
213	213	Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
214	214	thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
215	215	Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
216	216	phenethyl)-4-piperidinyl] -N-phenylpropanamide);
217	217	Beta-hydroxy-3-methylfentanyl;
218	218	Carfentanil;
219	219	Fentanyl [fentanyl], alpha-methylfentanyl, and
220	220	any other derivative of fentanyl;
221	221	3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
222	222	4-piperidyl]-N-phenylpropanamide);
223	223	3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
224	224	ethyl-4-piperidinyl]-N-phenylpropanamide);
225	225	Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
226	226	phenylethyl)-4-piperidinylpropanamide);
227	227	Remifentanil;
228	228	Sufentanil; and
229	229	Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
230	230	piperidinyl]-propanamide).
231	231	SECTION 4. Sections 481.112(e) and (f), Health and Safety
232	232	Code, are amended to read as follows:
233	233	(e) An offense under Subsection (a) is a felony of the first
234	234	degree punishable by imprisonment in the Texas Department of
235	235	Criminal Justice for life or for a term of not more than 99 years or
236	236	less than 10 years, and a fine not to exceed $100,000, if the amount
237	237	of the controlled substance to which the offense applies is, by
238	238	aggregate weight, including adulterants or dilutants, 200 grams or
239	239	more but less than 400 grams.
240	240	(f) An offense under Subsection (a) is a felony of the first
241	241	degree punishable by imprisonment in the Texas Department of
242	242	Criminal Justice for life or for a term of not more than 99 years or
243	243	less than 15 years, and a fine not to exceed $250,000, if the amount
244	244	of the controlled substance to which the offense applies is, by
245	245	aggregate weight, including adulterants or dilutants, 400 grams or
246	246	more.
247	247	SECTION 5. Section 481.1121(b), Health and Safety Code, is
248	248	amended to read as follows:
249	249	(b) An offense under this section is:
250	250	(1) a state jail felony if the number of abuse units of
251	251	the controlled substance is fewer than 20;
252	252	(2) a felony of the second degree if the number of
253	253	abuse units of the controlled substance is 20 or more but fewer than
254	254	80;
255	255	(3) a felony of the first degree if the number of abuse
256	256	units of the controlled substance is 80 or more but fewer than
257	257	4,000; and
258	258	(4) a felony of the first degree punishable by
259	259	imprisonment in the Texas Department of Criminal Justice for life
260	260	or for a term of not more than 99 years or less than 15 years and a
261	261	fine not to exceed $250,000, if the number of abuse units of the
262	262	controlled substance is 4,000 or more.
263	263	SECTION 6. Sections 481.1123(b), (d), (e), and (f), Health
264	264	and Safety Code, are amended to read as follows:
265	265	(b) An offense under Subsection (a) is a [state jail] felony
266	266	of the third degree if the amount of the controlled substance to
267	267	which the offense applies is, by aggregate weight, including
268	268	adulterants or dilutants, less than one gram.
269	269	(d) An offense under Subsection (a) is a felony of the first
270	270	degree punishable by imprisonment in the Texas Department of
271	271	Criminal Justice for life or for a term of not more than 99 years or
272	272	less than 10 years, and a fine not to exceed $20,000, if the amount
273	273	of the controlled substance to which the offense applies is, by
274	274	aggregate weight, including adulterants or dilutants, four grams or
275	275	more but less than 200 grams.
276	276	(e) An offense under Subsection (a) is a felony of the first
277	277	degree punishable by imprisonment in the Texas Department of
278	278	Criminal Justice for life or for a term of not more than 99 years or
279	279	less than 15 years, and a fine not to exceed $200,000, if the amount
280	280	of the controlled substance to which the offense applies is, by
281	281	aggregate weight, including adulterants or dilutants, 200 grams or
282	282	more but less than 400 grams.
283	283	(f) An offense under Subsection (a) is a felony of the first
284	284	degree punishable by imprisonment in the Texas Department of
285	285	Criminal Justice for life or for a term of not more than 99 years or
286	286	less than 20 years, and a fine not to exceed $500,000, if the amount
287	287	of the controlled substance to which the offense applies is, by
288	288	aggregate weight, including adulterants or dilutants, 400 grams or
289	289	more.
290	290	SECTION 7. Section 481.113(e), Health and Safety Code, is
291	291	amended to read as follows:
292	292	(e) An offense under Subsection (a) is a felony of the first
293	293	degree punishable by imprisonment in the Texas Department of
294	294	Criminal Justice for life or for a term of not more than 99 years or
295	295	less than 10 years, and a fine not to exceed $100,000, if the amount
296	296	of the controlled substance to which the offense applies is, by
297	297	aggregate weight, including adulterants or dilutants, 400 grams or
298	298	more.
299	299	SECTION 8. Section 481.114(e), Health and Safety Code, is
300	300	amended to read as follows:
301	301	(e) An offense under Subsection (a) is a felony of the first
302	302	degree punishable by imprisonment in the Texas Department of
303	303	Criminal Justice for life or for a term of not more than 99 years or
304	304	less than 10 years, and a fine not to exceed $100,000, if the amount
305	305	of the controlled substance to which the offense applies is, by
306	306	aggregate weight, including any adulterants or dilutants, 400 grams
307	307	or more.
308	308	SECTION 9. Section 481.115(f), Health and Safety Code, is
309	309	amended to read as follows:
310	310	(f) An offense under Subsection (a) is a felony of the first
311	311	degree punishable by imprisonment in the Texas Department of
312	312	Criminal Justice for life or for a term of not more than 99 years or
313	313	less than 10 years, and a fine not to exceed $100,000, if the amount
314	314	of the controlled substance possessed is, by aggregate weight,
315	315	including adulterants or dilutants, 400 grams or more.
316	316	SECTION 10. Section 481.1151(b), Health and Safety Code, is
317	317	amended to read as follows:
318	318	(b) An offense under this section is:
319	319	(1) a state jail felony if the number of abuse units of
320	320	the controlled substance is fewer than 20;
321	321	(2) a felony of the third degree if the number of abuse
322	322	units of the controlled substance is 20 or more but fewer than 80;
323	323	(3) a felony of the second degree if the number of
324	324	abuse units of the controlled substance is 80 or more but fewer than
325	325	4,000;
326	326	(4) a felony of the first degree if the number of abuse
327	327	units of the controlled substance is 4,000 or more but fewer than
328	328	8,000; and
329	329	(5) a felony of the first degree punishable by
330	330	imprisonment in the Texas Department of Criminal Justice for life
331	331	or for a term of not more than 99 years or less than 15 years and a
332	332	fine not to exceed $250,000, if the number of abuse units of the
333	333	controlled substance is 8,000 or more.
334	334	SECTION 11. Section 481.116(e), Health and Safety Code, is
335	335	amended to read as follows:
336	336	(e) An offense under Subsection (a) is a felony of the first
337	337	degree punishable by imprisonment in the Texas Department of
338	338	Criminal Justice for life or for a term of not more than 99 years or
339	339	less than five years, and a fine not to exceed $50,000, if the
340	340	amount of the controlled substance possessed is, by aggregate
341	341	weight, including adulterants or dilutants, 400 grams or more.
342	342	SECTION 12. Section 481.1161(b), Health and Safety Code, is
343	343	amended to read as follows:
344	344	(b) An offense under this section is:
345	345	(1) a Class B misdemeanor if the amount of the
346	346	controlled substance possessed is, by aggregate weight, including
347	347	adulterants or dilutants, two ounces or less;
348	348	(2) a Class A misdemeanor if the amount of the
349	349	controlled substance possessed is, by aggregate weight, including
350	350	adulterants or dilutants, four ounces or less but more than two
351	351	ounces;
352	352	(3) a state jail felony if the amount of the controlled
353	353	substance possessed is, by aggregate weight, including adulterants
354	354	or dilutants, five pounds or less but more than four ounces;
355	355	(4) a felony of the third degree if the amount of the
356	356	controlled substance possessed is, by aggregate weight, including
357	357	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
358	358	(5) a felony of the second degree if the amount of the
359	359	controlled substance possessed is, by aggregate weight, including
360	360	adulterants or dilutants, 2,000 pounds or less but more than 50
361	361	pounds; and
362	362	(6) a felony of the first degree punishable by
363	363	imprisonment in the Texas Department of Criminal Justice for life
364	364	or for a term of not more than 99 years or less than 5 years, and a
365	365	fine not to exceed $50,000, if the amount of the controlled
366	366	substance possessed is, by aggregate weight, including adulterants
367	367	or dilutants, more than 2,000 pounds.
368	368	SECTION 13. Section 481.117(e), Health and Safety Code, is
369	369	amended to read as follows:
370	370	(e) An offense under Subsection (a) is a felony of the first
371	371	degree punishable by imprisonment in the Texas Department of
372	372	Criminal Justice for life or for a term of not more than 99 years or
373	373	less than five years, and a fine not to exceed $50,000, if the
374	374	amount of the controlled substance possessed is, by aggregate
375	375	weight, including adulterants or dilutants, 400 grams or more.
376	376	SECTION 14. Section 481.118(e), Health and Safety Code, is
377	377	amended to read as follows:
378	378	(e) An offense under Subsection (a) is a felony of the first
379	379	degree punishable by imprisonment in the Texas Department of
380	380	Criminal Justice for life or for a term of not more than 99 years or
381	381	less than five years, and a fine not to exceed $50,000, if the
382	382	amount of the controlled substance possessed is, by aggregate
383	383	weight, including adulterants or dilutants, 400 grams or more.
384	384	SECTION 15. Section 481.120(b), Health and Safety Code, is
385	385	amended to read as follows:
386	386	(b) An offense under Subsection (a) is:
387	387	(1) a Class B misdemeanor if the amount of marihuana
388	388	delivered is one-fourth ounce or less and the person committing the
389	389	offense does not receive remuneration for the marihuana;
390	390	(2) a Class A misdemeanor if the amount of marihuana
391	391	delivered is one-fourth ounce or less and the person committing the
392	392	offense receives remuneration for the marihuana;
393	393	(3) a state jail felony if the amount of marihuana
394	394	delivered is five pounds or less but more than one-fourth ounce;
395	395	(4) a felony of the second degree if the amount of
396	396	marihuana delivered is 50 pounds or less but more than five pounds;
397	397	(5) a felony of the first degree if the amount of
398	398	marihuana delivered is 2,000 pounds or less but more than 50 pounds;
399	399	and
400	400	(6) a felony of the first degree punishable by
401	401	imprisonment in the Texas Department of Criminal Justice for life
402	402	or for a term of not more than 99 years or less than 10 years, and a
403	403	fine not to exceed $100,000, if the amount of marihuana delivered is
404	404	more than 2,000 pounds.
405	405	SECTION 16. Section 481.121(b), Health and Safety Code, is
406	406	amended to read as follows:
407	407	(b) An offense under Subsection (a) is:
408	408	(1) a Class B misdemeanor if the amount of marihuana
409	409	possessed is two ounces or less;
410	410	(2) a Class A misdemeanor if the amount of marihuana
411	411	possessed is four ounces or less but more than two ounces;
412	412	(3) a state jail felony if the amount of marihuana
413	413	possessed is five pounds or less but more than four ounces;
414	414	(4) a felony of the third degree if the amount of
415	415	marihuana possessed is 50 pounds or less but more than 5 pounds;
416	416	(5) a felony of the second degree if the amount of
417	417	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
418	418	and
419	419	(6) a felony of the first degree punishable by
420	420	imprisonment in the Texas Department of Criminal Justice for life
421	421	or for a term of not more than 99 years or less than 5 years, and a
422	422	fine not to exceed $50,000, if the amount of marihuana possessed is
423	423	more than 2,000 pounds.
424	424	SECTION 17. Section 481.126(a), Health and Safety Code, is
425	425	amended to read as follows:
426	426	(a) A person commits an offense if the person:
427	427	(1) barters property or expends funds the person knows
428	428	are derived from the commission of a first degree felony [an]
429	429	offense under this chapter punishable by imprisonment in the Texas
430	430	Department of Criminal Justice for life;
431	431	(2) barters property or expends funds the person knows
432	432	are derived from the commission of an offense under Section
433	433	481.121(a) that is punishable under Section 481.121(b)(5);
434	434	(3) barters property or finances or invests funds the
435	435	person knows or believes are intended to further the commission of
436	436	an offense for which the punishment is described by Subdivision
437	437	(1); or
438	438	(4) barters property or finances or invests funds the
439	439	person knows or believes are intended to further the commission of
440	440	an offense under Section 481.121(a) that is punishable under
441	441	Section 481.121(b)(5).
442	442	SECTION 18. Section 481.134(c), Health and Safety Code, as
443	443	amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the
444	444	87th Legislature, Regular Session, 2021, is reenacted and amended
445	445	to read as follows:
446	446	(c) The minimum term of confinement or imprisonment for an
447	447	offense otherwise punishable under Section 481.112(c), (d), (e), or
448	448	(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c) [481.1123(c)],
449	449	(d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
450	450	481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d),
451	451	or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
452	452	481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
453	453	481.121(b)(4), (5), or (6) is increased by five years and the
454	454	maximum fine for the offense is doubled if it is shown on the trial
455	455	of the offense that the offense was committed:
456	456	(1) in, on, or within 1,000 feet of the premises of a
457	457	school, the premises of a public or private youth center, or a
458	458	playground;
459	459	(2) on a school bus; or
460	460	(3) by any unauthorized person 18 years of age or
461	461	older, in, on, or within 1,000 feet of premises owned, rented, or
462	462	leased by a general residential operation operating as a
463	463	residential treatment center.
464	464	SECTION 19. Section 481.141, Health and Safety Code, is
465	465	amended by adding Subsection (d) to read as follows:
466	466	(d) Punishment may not be increased under this section if
467	467	the defendant is also prosecuted under Section 19.02(b)(4), Penal
468	468	Code, for conduct occurring during the same criminal episode.
469	469	SECTION 20. Section 19.02, Penal Code, is amended by
470	470	amending Subsection (b) and adding Subsection (e) to read as
471	471	follows:
472	472	(b) A person commits an offense if the person [he]:
473	473	(1) intentionally or knowingly causes the death of an
474	474	individual;
475	475	(2) intends to cause serious bodily injury and commits
476	476	an act clearly dangerous to human life that causes the death of an
477	477	individual; [or]
478	478	(3) commits or attempts to commit a felony, other than
479	479	manslaughter, and in the course of and in furtherance of the
480	480	commission or attempt, or in immediate flight from the commission
481	481	or attempt, the person [he] commits or attempts to commit an act
482	482	clearly dangerous to human life that causes the death of an
483	483	individual; or
484	484	(4) knowingly manufactures or delivers a controlled
485	485	substance listed in Penalty Group 1-B under Section 481.1022,
486	486	Health and Safety Code, in violation of Section 481.1123, Health
487	487	and Safety Code, and an individual dies as a result of injecting,
488	488	ingesting, inhaling, or introducing into the individual's body any
489	489	amount of the controlled substance manufactured or delivered by the
490	490	actor, regardless of whether the controlled substance was used by
491	491	itself or with another substance, including a drug, adulterant, or
492	492	dilutant.
493	493	(e) It is a defense to prosecution under Subsection (b)(4)
494	494	that the actor's conduct in manufacturing or delivering the
495	495	controlled substance was authorized under Chapter 481, Health and
496	496	Safety Code, or other state or federal law.
497	497	SECTION 21. Section 71.02(a), Penal Code, is amended to
498	498	read as follows:
499	499	(a) A person commits an offense if, with the intent to
500	500	establish, maintain, or participate in a combination or in the
501	501	profits of a combination or as a member of a criminal street gang,
502	502	the person commits or conspires to commit one or more of the
503	503	following:
504	504	(1) murder, capital murder, arson, aggravated
505	505	robbery, robbery, burglary, theft, aggravated kidnapping,
506	506	kidnapping, aggravated assault, aggravated sexual assault, sexual
507	507	assault, continuous sexual abuse of young child or disabled
508	508	individual, solicitation of a minor, forgery, deadly conduct,
509	509	assault punishable as a Class A misdemeanor, burglary of a motor
510	510	vehicle, or unauthorized use of a motor vehicle;
511	511	(2) any gambling offense punishable as a Class A
512	512	misdemeanor;
513	513	(3) promotion of prostitution, aggravated promotion
514	514	of prostitution, or compelling prostitution;
515	515	(4) unlawful manufacture, transportation, repair, or
516	516	sale of firearms or prohibited weapons;
517	517	(5) unlawful manufacture, delivery, dispensation, or
518	518	distribution of a controlled substance or dangerous drug, or
519	519	unlawful possession of a controlled substance or dangerous drug
520	520	through forgery, fraud, misrepresentation, or deception;
521	521	(5-a) causing the unlawful delivery, dispensation, or
522	522	distribution of a controlled substance or dangerous drug in
523	523	violation of Subtitle B, Title 3, Occupations Code;
524	524	(5-b) unlawful possession with intent to deliver a
525	525	controlled substance listed in Penalty Group 1-B under Section
526	526	481.1022, Health and Safety Code;
527	527	(6) any unlawful wholesale promotion or possession of
528	528	any obscene material or obscene device with the intent to wholesale
529	529	promote the same;
530	530	(7) any offense under Subchapter B, Chapter 43,
531	531	depicting or involving conduct by or directed toward a child
532	532	younger than 18 years of age;
533	533	(8) any felony offense under Chapter 32;
534	534	(9) any offense under Chapter 36;
535	535	(10) any offense under Chapter 34, 35, or 35A;
536	536	(11) any offense under Section 37.11(a);
537	537	(12) any offense under Chapter 20A;
538	538	(13) any offense under Section 37.10;
539	539	(14) any offense under Section 38.06, 38.07, 38.09, or
540	540	38.11;
541	541	(15) any offense under Section 42.10;
542	542	(16) any offense under Section 46.06(a)(1) or 46.14;
543	543	(17) any offense under Section 20.05 or 20.06;
544	544	(18) any offense under Section 16.02; or
545	545	(19) any offense classified as a felony under the Tax
546	546	Code.
547	547	SECTION 22. The change in law made by this Act to Section
548	548	193.005, Health and Safety Code, applies only to a death that occurs
549	549	on or after the effective date of this Act, or a death that occurs
550	550	before that date but is discovered on or after the effective date of
551	551	this Act.
552	552	SECTION 23. The changes in law made by this Act to Chapter
553	553	481, Health and Safety Code, and Sections 19.02 and 71.02, Penal
554	554	Code, apply only to an offense committed on or after the effective
555	555	date of this Act. An offense committed before the effective date of
556	556	this Act is governed by the law in effect on the date the offense was
557	557	committed, and the former law is continued in effect for that
558	558	purpose. For purposes of this section, an offense was committed
559	559	before the effective date of this Act if any element of the offense
560	560	occurred before that date.
561	561	SECTION 24. To the extent of any conflict, this Act prevails
562	562	over another Act of the 88th Legislature, Regular Session, 2023,
563	563	relating to nonsubstantive additions to and corrections in enacted
564	564	codes.
565	565	SECTION 25. This Act takes effect September 1, 2023.