Texas 2023 - 88th Regular

Texas Senate Bill SB967 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4387 JSC-D
2	2	By: Johnson S.B. No. 967
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal and licensing consequences of certain
8	8	offenses relating to the possession of marihuana, certain
9	9	tetrahydrocannabinols, certain synthetic cannabinoids, and drug
10	10	paraphernalia; imposing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 14.06, Code of Criminal Procedure, is
13	13	amended by adding Subsections (b-1) and (b-2) and amending
14	14	Subsection (d) to read as follows:
15	15	(b-1) A peace officer who is charging a person with
16	16	committing an offense under Section 481.1161(b)(1), 481.121(b)(1),
17	17	or 481.125(a), Health and Safety Code, may not arrest the person and
18	18	shall issue the person a citation as provided by Subsection (b).
19	19	(b-2) Subsection (b-1) does not apply to an officer making
20	20	an arrest for an offense other than an offense under Section
21	21	481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
22	22	Code.
23	23	(d) Subsection (c) applies only to a person charged with
24	24	committing an offense under:
25	25	(1) Section 481.121, Health and Safety Code, if the
26	26	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
27	27	that section;
28	28	(1-a) Section 481.1161, Health and Safety Code, if the
29	29	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
30	30	that section;
31	31	(2) Section 28.03, Penal Code, if the offense is
32	32	punishable under Subsection (b)(2) of that section;
33	33	(3) Section 28.08, Penal Code, if the offense is
34	34	punishable under Subsection (b)(2) or (3) of that section;
35	35	(4) Section 31.03, Penal Code, if the offense is
36	36	punishable under Subsection (e)(2)(A) of that section;
37	37	(5) Section 31.04, Penal Code, if the offense is
38	38	punishable under Subsection (e)(2) of that section;
39	39	(6) Section 38.114, Penal Code, if the offense is
40	40	punishable as a Class B misdemeanor; or
41	41	(7) Section 521.457, Transportation Code.
42	42	SECTION 2. Subchapter B, Chapter 45, Code of Criminal
43	43	Procedure, is amended by adding Article 45.02161 to read as
44	44	follows:
45	45	Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This
46	46	article applies only to a person charged with an offense under
47	47	Section 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and
48	48	Safety Code.
49	49	(b) Records of a person relating to a complaint may be
50	50	expunged under this article if:
51	51	(1) the complaint was dismissed under Article 45.051
52	52	or 45.052 or other law and:
53	53	(A) at least 180 days have elapsed from the date
54	54	of the dismissal; or
55	55	(B) at least one year has elapsed from the date of
56	56	the citation; or
57	57	(2) the person was acquitted of the offense.
58	58	(c) The person must make a written request to have the
59	59	records expunged. The request must be under oath.
60	60	(d) The court shall order all complaints, verdicts,
61	61	sentences, and prosecutorial and law enforcement records and any
62	62	other documents relating to the offense expunged from the person's
63	63	record if the court finds that the person satisfies the
64	64	requirements of this article.
65	65	(e) The justice or municipal court shall require a person
66	66	who requests expungement under this article to pay a fee in the
67	67	amount of $30 to defray the cost of notifying state agencies of
68	68	orders of expungement under this article.
69	69	(f) The procedures for expunction provided under this
70	70	article are separate and distinct from the expunction procedures
71	71	under Chapter 55.
72	72	SECTION 3. Article 45.051, Code of Criminal Procedure, is
73	73	amended by adding Subsections (a-2) and (e-1) to read as follows:
74	74	(a-2) Unless the defendant has previously received a
75	75	deferral of disposition for an offense under Section
76	76	481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
77	77	Code, committed within the 12-month period preceding the date of
78	78	the commission of the instant offense, on plea of guilty or nolo
79	79	contendere for either offense, the judge shall defer further
80	80	proceedings without entering an adjudication of guilt and place the
81	81	defendant on probation under the provisions of this article.
82	82	(e-1) A court that dismisses a complaint under this article
83	83	for a person charged with an offense under Section 481.1161(b)(1),
84	84	481.121(b)(1), or 481.125(a), Health and Safety Code, shall notify
85	85	the defendant in writing of the person's expunction rights under
86	86	Article 45.02161 and provide the person with a copy of that article.
87	87	The dismissed complaint is not a conviction and may not be used
88	88	against the person for any purpose.
89	89	SECTION 4. Section 411.0728(a), Government Code, is amended
90	90	to read as follows:
91	91	(a) This section applies only to a person:
92	92	(1) who is convicted of or placed on deferred
93	93	adjudication community supervision for an offense under:
94	94	(A) Section 481.1161, Health and Safety Code, if
95	95	the offense is punishable under Subsection (b)(1-a);
96	96	(B) Section 481.120, Health and Safety Code, if
97	97	the offense is punishable under Subsection (b)(1);
98	98	(C) [(B)] Section 481.121, Health and Safety
99	99	Code, if the offense is punishable under Subsection (b)(1-a)
100	100	[(b)(1)];
101	101	(D) [(C)] Section 31.03, Penal Code, if the
102	102	offense is punishable under Subsection (e)(1) or (2); or
103	103	(E) [(D)] Section 43.02, Penal Code; and
104	104	(2) who, if requested by the applicable law
105	105	enforcement agency or prosecuting attorney to provide assistance in
106	106	the investigation or prosecution of an offense under Section
107	107	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
108	108	containing elements that are substantially similar to the elements
109	109	of an offense under any of those sections:
110	110	(A) provided assistance in the investigation or
111	111	prosecution of the offense; or
112	112	(B) did not provide assistance in the
113	113	investigation or prosecution of the offense due to the person's age
114	114	or a physical or mental disability resulting from being a victim of
115	115	an offense described by this subdivision.
116	116	SECTION 5. Sections 481.002(5) and (6), Health and Safety
117	117	Code, are amended to read as follows:
118	118	(5) "Controlled substance" means a substance,
119	119	including a drug, an adulterant, and a dilutant, listed in
120	120	Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 2-B, 3,
121	121	or 4. The term includes the aggregate weight of any mixture,
122	122	solution, or other substance containing a controlled substance.
123	123	The term does not include hemp, as defined by Section 121.001,
124	124	Agriculture Code, or the tetrahydrocannabinols in hemp.
125	125	(6) "Controlled substance analogue" means:
126	126	(A) a substance with a chemical structure
127	127	substantially similar to the chemical structure of a controlled
128	128	substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, [or]
129	129	2-A, or 2-B; or
130	130	(B) a substance specifically designed to produce
131	131	an effect substantially similar to, or greater than, the effect of a
132	132	controlled substance in Schedule I or II or Penalty Group 1, 1-A,
133	133	1-B, 2, [or] 2-A, or 2-B.
134	134	SECTION 6. Section 481.103(a), Health and Safety Code, is
135	135	amended to read as follows:
136	136	(a) Penalty Group 2 consists of:
137	137	(1) any quantity of the following hallucinogenic
138	138	substances, their salts, isomers, and salts of isomers, unless
139	139	specifically excepted, if the existence of these salts, isomers,
140	140	and salts of isomers is possible within the specific chemical
141	141	designation:
142	142	5-(2-aminopropyl)benzofuran (5-APB);
143	143	6-(2-aminopropyl)benzofuran (6-APB);
144	144	5-(2-aminopropyl)-2,3-dihydrobenzofuran
145	145	(5-APDB);
146	146	6-(2-aminopropyl)-2,3-dihydrobenzofuran
147	147	(6-APDB);
148	148	5-(2-aminopropyl)indole (5-IT,5-API);
149	149	6-(2-aminopropyl)indole (6-IT,6-API);
150	150	1-(benzofuran-5-yl)-N-methylpropan-2-amine
151	151	(5-MAPB);
152	152	1-(benzofuran-6-yl)-N-methylpropan-2-amine
153	153	(6-MAPB);
154	154	Benzothiophenylcyclohexylpiperidine (BTCP);
155	155	8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
156	156	4-ethanamine (trade or other name: Bromo-DragonFLY);
157	157	Desoxypipradrol (2-benzhydrylpiperidine);
158	158	2, 5-dimethoxyamphetamine (some trade or other
159	159	names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
160	160	Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
161	161	methanol, D2PM);
162	162	Dronabinol (synthetic) in sesame oil and
163	163	encapsulated in a soft gelatin capsule in a U.S. Food and Drug
164	164	Administration approved drug product (some trade or other names for
165	165	Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
166	166	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
167	167	(trans)- tetrahydrocannabinol);
168	168	Ethylamine Analog of Phencyclidine (some trade or
169	169	other names: N-ethyl-1-phenylcyclohexylamine, (1-
170	170	phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
171	171	cyclohexamine, PCE);
172	172	2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
173	173	(trade or other name: methoxetamine);
174	174	Ibogaine (some trade or other names: 7-Ethyl-6,
175	175	6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
176	176	pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
177	177	5-iodo-2-aminoindane (5-IAI);
178	178	Mescaline;
179	179	5-methoxy-3, 4-methylenedioxy amphetamine;
180	180	4-methoxyamphetamine (some trade or other
181	181	names: 4-methoxy-alpha-methylphenethylamine;
182	182	paramethoxyamphetamine; PMA);
183	183	4-methoxymethamphetamine (PMMA);
184	184	2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
185	185	(some trade and other names: 2-MeO-ketamine; methoxyketamine);
186	186	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
187	187	PPMP);
188	188	4-methyl-2, 5-dimethoxyamphetamine (some trade
189	189	and other names: 4-methyl-2, 5-dimethoxy-alpha-
190	190	methylphenethylamine; "DOM"; "STP");
191	191	3,4-methylenedioxy methamphetamine (MDMA, MDM);
192	192	3,4-methylenedioxy amphetamine;
193	193	3,4-methylenedioxy N-ethylamphetamine (Also
194	194	known as N-ethyl MDA);
195	195	5,6-methylenedioxy-2-aminoindane (MDAI);
196	196	Nabilone (Another name for nabilone: (+)-trans-
197	197	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
198	198	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
199	199	N-benzylpiperazine (some trade or other
200	200	names: BZP; 1-benzylpiperazine);
201	201	N-ethyl-3-piperidyl benzilate;
202	202	N-hydroxy-3,4-methylenedioxyamphetamine (Also
203	203	known as N-hydroxy MDA);
204	204	4-methylaminorex;
205	205	N-methyl-3-piperidyl benzilate;
206	206	Parahexyl (some trade or other names: 3-Hexyl-1-
207	207	hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
208	208	pyran; Synhexyl);
209	209	1-Phenylcyclohexylamine;
210	210	1-Piperidinocyclohexanecarbonitrile (PCC);
211	211	Pyrrolidine Analog of Phencyclidine (some trade
212	212	or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
213	213	[Tetrahydrocannabinols, other than marihuana, and
214	214	synthetic equivalents of the substances contained in the plant, or
215	215	in the resinous extractives of Cannabis, or synthetic substances,
216	216	derivatives, and their isomers with similar chemical structure and
217	217	pharmacological activity such as:
218	218	[delta-1 cis or trans tetrahydrocannabinol,
219	219	and their optical isomers;
220	220	[delta-6 cis or trans tetrahydrocannabinol,
221	221	and their optical isomers;
222	222	[delta-3, 4 cis or trans
223	223	tetrahydrocannabinol, and its optical isomers; or
224	224	[compounds of these structures, regardless
225	225	of numerical designation of atomic positions, since nomenclature of
226	226	these substances is not internationally standardized;]
227	227	Thiophene Analog of Phencyclidine (some trade or
228	228	other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
229	229	Analog of Phencyclidine; TPCP, TCP);
230	230	1-pyrrolidine (some trade or other name: TCPy);
231	231	1-(3-trifluoromethylphenyl)piperazine (trade or
232	232	other name: TFMPP); and
233	233	3,4,5-trimethoxy amphetamine;
234	234	(2) Phenylacetone (some trade or other
235	235	names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
236	236	ketone);
237	237	(3) unless specifically excepted or unless listed in
238	238	another Penalty Group, a material, compound, mixture, or
239	239	preparation that contains any quantity of the following substances
240	240	having a potential for abuse associated with a depressant or
241	241	stimulant effect on the central nervous system:
242	242	Aminorex (some trade or other
243	243	names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
244	244	phenyl-2-oxazolamine);
245	245	Amphetamine, its salts, optical isomers, and
246	246	salts of optical isomers;
247	247	Cathinone (some trade or other names: 2-amino-1-
248	248	phenyl-1-propanone, alpha-aminopropiophenone, 2-
249	249	aminopropiophenone);
250	250	Etaqualone and its salts;
251	251	Etorphine Hydrochloride;
252	252	Fenethylline and its salts;
253	253	Lisdexamfetamine, including its salts, isomers,
254	254	and salts of isomers;
255	255	Mecloqualone and its salts;
256	256	Methaqualone and its salts;
257	257	Methcathinone (some trade or other names: 2-
258	258	methylamino-propiophenone; alpha-(methylamino)propriophenone;
259	259	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
260	260	methylaminopropriophenone; monomethylpropion; ephedrone, N-
261	261	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
262	262	1431);
263	263	N-Ethylamphetamine, its salts, optical isomers,
264	264	and salts of optical isomers; and
265	265	N,N-dimethylamphetamine (some trade or other
266	266	names: N,N,alpha-trimethylbenzeneethanamine;
267	267	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
268	268	and salts of optical isomers;
269	269	(4) any compound structurally derived from
270	270	2-aminopropanal by substitution at the 1-position with any
271	271	monocyclic or fused-polycyclic ring system, including:
272	272	(A) compounds further modified by:
273	273	(i) substitution in the ring system to any
274	274	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
275	275	halide substituents), whether or not further substituted in the
276	276	ring system by other substituents;
277	277	(ii) substitution at the 3-position with an
278	278	alkyl substituent; or
279	279	(iii) substitution at the 2-amino nitrogen
280	280	atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
281	281	inclusion of the 2-amino nitrogen atom in a cyclic structure; and
282	282	(B) by example, compounds such as:
283	283	4-Methylmethcathinone (Also known as
284	284	Mephedrone);
285	285	3,4-Dimethylmethcathinone (Also known as
286	286	3,4-DMMC);
287	287	3-Fluoromethcathinone (Also known as 3-FMC);
288	288	4-Fluoromethcathinone (Also known as
289	289	Flephedrone);
290	290	3,4-Methylenedioxy-N-methylcathinone (Also
291	291	known as Methylone);
292	292	3,4-Methylenedioxypyrovalerone (Also known
293	293	as MDPV);
294	294	alpha-Pyrrolidinopentiophenone (Also known
295	295	as alpha-PVP);
296	296	Naphthylpyrovalerone (Also known as
297	297	Naphyrone);
298	298	alpha-Methylamino-valerophenone (Also known
299	299	as Pentedrone);
300	300	beta-Keto-N-methylbenzodioxolylpropylamine
301	301	(Also known as Butylone);
302	302	beta-Keto-N-methylbenzodioxolylpentanamine
303	303	(Also known as Pentylone);
304	304	beta-Keto-Ethylbenzodioxolylbutanamine
305	305	(Also known as Eutylone); and
306	306	3,4-methylenedioxy-N-ethylcathinone (Also
307	307	known as Ethylone);
308	308	(5) any compound structurally derived from tryptamine
309	309	(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
310	310	(A) by modification in any of the following ways:
311	311	(i) by substitution at the amine nitrogen
312	312	atom of the sidechain to any extent with alkyl or alkenyl groups or
313	313	by inclusion of the amine nitrogen atom of the side chain (and no
314	314	other atoms of the side chain) in a cyclic structure;
315	315	(ii) by substitution at the carbon atom
316	316	adjacent to the nitrogen atom of the side chain (alpha-position)
317	317	with an alkyl or alkenyl group;
318	318	(iii) by substitution in the 6-membered
319	319	ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
320	320	alkylenedioxy, or halide substituents; or
321	321	(iv) by substitution at the 2-position of
322	322	the tryptamine ring system with an alkyl substituent; and
323	323	(B) including:
324	324	(i) ethers and esters of the controlled
325	325	substances listed in this subdivision; and
326	326	(ii) by example, compounds such as:
327	327	alpha-ethyltryptamine;
328	328	alpha-methyltryptamine;
329	329	Bufotenine (some trade and other names:
330	330	3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
331	331	3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
332	332	5-hydroxy-N, N- dimethyltryptamine; mappine);
333	333	Diethyltryptamine (some trade and
334	334	other names: N, N-Diethyltryptamine, DET);
335	335	Dimethyltryptamine (trade or other
336	336	name: DMT);
337	337	5-methoxy-N, N-diisopropyltryptamine
338	338	(5-MeO-DiPT);
339	339	O-Acetylpsilocin (Trade or other name:
340	340	4-Aco-DMT);
341	341	Psilocin; and
342	342	Psilocybin;
343	343	(6) 2,5-Dimethoxyphenethylamine and any compound
344	344	structurally derived from 2,5-Dimethoxyphenethylamine by
345	345	substitution at the 4-position of the phenyl ring to any extent
346	346	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
347	347	substituents), including, by example, compounds such as:
348	348	4-Bromo-2,5-dimethoxyphenethylamine (trade or
349	349	other name: 2C-B);
350	350	4-Chloro-2,5-dimethoxyphenethylamine (trade or
351	351	other name: 2C-C);
352	352	2,5-Dimethoxy-4-methylphenethylamine (trade or
353	353	other name: 2C-D);
354	354	4-Ethyl-2,5-dimethoxyphenethylamine (trade or
355	355	other name: 2C-E);
356	356	4-Iodo-2,5-dimethoxyphenethylamine (trade or
357	357	other name: 2C-I);
358	358	2,5-Dimethoxy-4-nitrophenethylamine (trade or
359	359	other name: 2C-N);
360	360	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
361	361	or other name: 2C-P);
362	362	4-Ethylthio-2,5-dimethoxyphenethylamine (trade
363	363	or other name: 2C-T-2);
364	364	4-Isopropylthio-2,5-dimethoxyphenethylamine
365	365	(trade or other name: 2C-T-4); and
366	366	2,5-Dimethoxy-4-(n)-propylthiophenethylamine
367	367	(trade or other name: 2C-T-7); and
368	368	(7) 2,5-Dimethoxyamphetamine and any compound
369	369	structurally derived from 2,5-Dimethoxyamphetamine by substitution
370	370	at the 4-position of the phenyl ring to any extent (including alkyl,
371	371	alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
372	372	including, by example, compounds such as:
373	373	4-Ethylthio-2,5-dimethoxyamphetamine (trade or
374	374	other name: Aleph-2);
375	375	4-Isopropylthio-2,5-dimethoxyamphetamine (trade
376	376	or other name: Aleph-4);
377	377	4-Bromo-2,5-dimethoxyamphetamine (trade or other
378	378	name: DOB);
379	379	4-Chloro-2,5-dimethoxyamphetamine (trade or
380	380	other name: DOC);
381	381	2,5-Dimethoxy-4-ethylamphetamine (trade or other
382	382	name: DOET);
383	383	4-Iodo-2,5-dimethoxyamphetamine (trade or other
384	384	name: DOI);
385	385	2,5-Dimethoxy-4-methylamphetamine (trade or
386	386	other name: DOM);
387	387	2,5-Dimethoxy-4-nitroamphetamine (trade or other
388	388	name: DON);
389	389	4-Isopropyl-2,5-dimethoxyamphetamine (trade or
390	390	other name: DOIP); and
391	391	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
392	392	other name: DOPR).
393	393	SECTION 7. Subchapter D, Chapter 481, Health and Safety
394	394	Code, is amended by adding Section 481.1032 to read as follows:
395	395	Sec. 481.1032. PENALTY GROUP 2-B. (a) Penalty Group 2-B
396	396	consists of any quantity of the following substances, their salts,
397	397	isomers, and salts of isomers, unless specifically excepted, if the
398	398	existence of these salts, isomers, and salts of isomers is possible
399	399	within the specific chemical designation:
400	400	Tetrahydrocannabinols, other than marihuana, and
401	401	synthetic equivalents of the substances contained in the plant, or
402	402	in the resinous extractives of Cannabis, or synthetic substances,
403	403	derivatives, and their isomers with similar chemical structure and
404	404	pharmacological activity such as:
405	405	delta-1 cis or trans tetrahydrocannabinol, and
406	406	their optical isomers;
407	407	delta-6 cis or trans tetrahydrocannabinol, and
408	408	their optical isomers;
409	409	delta-3, 4 cis or trans tetrahydrocannabinol, and
410	410	their optical isomers; or
411	411	compounds of these structures, regardless of
412	412	numerical designation of atomic positions, since nomenclature of
413	413	these substances is not internationally standardized.
414	414	(b) For the purposes of this section, the term "isomer"
415	415	includes an optical, position, or geometric isomer.
416	416	SECTION 8. Section 481.106, Health and Safety Code, is
417	417	amended to read as follows:
418	418	Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
419	419	ANALOGUE. For the purposes of the prosecution of an offense under
420	420	this subchapter involving the manufacture, delivery, or possession
421	421	of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, [and] 2-A,
422	422	and 2-B include a controlled substance analogue that:
423	423	(1) has a chemical structure substantially similar to
424	424	the chemical structure of a controlled substance listed in the
425	425	applicable penalty group; or
426	426	(2) is specifically designed to produce an effect
427	427	substantially similar to, or greater than, a controlled substance
428	428	listed in the applicable penalty group.
429	429	SECTION 9. The heading to Section 481.113, Health and
430	430	Safety Code, is amended to read as follows:
431	431	Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE
432	432	IN PENALTY GROUP 2, [OR] 2-A, OR 2-B.
433	433	SECTION 10. Section 481.113(a), Health and Safety Code, is
434	434	amended to read as follows:
435	435	(a) Except as authorized by this chapter, a person commits
436	436	an offense if the person knowingly manufactures, delivers, or
437	437	possesses with intent to deliver a controlled substance listed in
438	438	Penalty Group 2, [or] 2-A, or 2-B.
439	439	SECTION 11. Section 481.115(h), Health and Safety Code, is
440	440	amended to read as follows:
441	441	(h) The defense to prosecution provided by Subsection (g) is
442	442	not available if:
443	443	(1) at the time the request for emergency medical
444	444	assistance was made:
445	445	(A) a peace officer was in the process of
446	446	arresting the actor or executing a search warrant describing the
447	447	actor or the place from which the request for medical assistance was
448	448	made; or
449	449	(B) the actor is committing another offense,
450	450	other than an offense punishable under Section 481.1151(b)(1),
451	451	481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
452	452	or 481.121(b)(1), (1-a), or (2), or an offense under Section
453	453	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
454	454	(2) the actor has been previously convicted of or
455	455	placed on deferred adjudication community supervision for an
456	456	offense under this chapter or Chapter 483 or 485;
457	457	(3) the actor was acquitted in a previous proceeding
458	458	in which the actor successfully established the defense under that
459	459	subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
460	460	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
461	461	483.041(e), or 485.031(c); or
462	462	(4) at any time during the 18-month period preceding
463	463	the date of the commission of the instant offense, the actor
464	464	requested emergency medical assistance in response to the possible
465	465	overdose of the actor or another person.
466	466	SECTION 12. Section 481.1151(d), Health and Safety Code, is
467	467	amended to read as follows:
468	468	(d) The defense to prosecution provided by Subsection (c) is
469	469	not available if:
470	470	(1) at the time the request for emergency medical
471	471	assistance was made:
472	472	(A) a peace officer was in the process of
473	473	arresting the actor or executing a search warrant describing the
474	474	actor or the place from which the request for medical assistance was
475	475	made; or
476	476	(B) the actor is committing another offense,
477	477	other than an offense punishable under Section 481.115(b),
478	478	481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
479	479	or 481.121(b)(1), (1-a), or (2), or an offense under Section
480	480	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
481	481	(2) the actor has been previously convicted of or
482	482	placed on deferred adjudication community supervision for an
483	483	offense under this chapter or Chapter 483 or 485;
484	484	(3) the actor was acquitted in a previous proceeding
485	485	in which the actor successfully established the defense under that
486	486	subsection or Section 481.115(g), 481.116(f), 481.1161(c),
487	487	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
488	488	483.041(e), or 485.031(c); or
489	489	(4) at any time during the 18-month period preceding
490	490	the date of the commission of the instant offense, the actor
491	491	requested emergency medical assistance in response to
492	492	the possible overdose of the actor or another person.
493	493	SECTION 13. Section 481.116(g), Health and Safety Code, is
494	494	amended to read as follows:
495	495	(g) The defense to prosecution provided by Subsection (f) is
496	496	not available if:
497	497	(1) at the time the request for emergency medical
498	498	assistance was made:
499	499	(A) a peace officer was in the process of
500	500	arresting the actor or executing a search warrant describing the
501	501	actor or the place from which the request for medical assistance was
502	502	made; or
503	503	(B) the actor is committing another offense,
504	504	other than an offense punishable under Section 481.115(b),
505	505	481.1151(b)(1), 481.1161(b)(1), (1-a), or (2), 481.117(b),
506	506	481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
507	507	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
508	508	(2) the actor has been previously convicted of or
509	509	placed on deferred adjudication community supervision for an
510	510	offense under this chapter or Chapter 483 or 485;
511	511	(3) the actor was acquitted in a previous proceeding
512	512	in which the actor successfully established the defense under that
513	513	subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
514	514	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
515	515	483.041(e), or 485.031(c); or
516	516	(4) at any time during the 18-month period preceding
517	517	the date of the commission of the instant offense, the actor
518	518	requested emergency medical assistance in response to
519	519	the possible overdose of the actor or another person.
520	520	SECTION 14. The heading to Section 481.1161, Health and
521	521	Safety Code, is amended to read as follows:
522	522	Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
523	523	GROUP 2-A OR 2-B.
524	524	SECTION 15. Sections 481.1161(a), (b), (c), and (d), Health
525	525	and Safety Code, are amended to read as follows:
526	526	(a) Except as authorized by this chapter, a person commits
527	527	an offense if the person knowingly possesses a controlled substance
528	528	listed in Penalty Group 2-A or 2-B, unless the person obtained the
529	529	substance directly from or under a valid prescription or order of a
530	530	practitioner acting in the course of professional practice.
531	531	(b) An offense under this section is:
532	532	(1) a Class C misdemeanor if the amount of the
533	533	controlled substance possessed is, by aggregate weight, including
534	534	adulterants or dilutants, one ounce or less;
535	535	(1-a) a Class B misdemeanor if the amount of the
536	536	controlled substance possessed is, by aggregate weight, including
537	537	adulterants or dilutants, two ounces or less but more than one
538	538	ounce;
539	539	(2) a Class A misdemeanor if the amount of the
540	540	controlled substance possessed is, by aggregate weight, including
541	541	adulterants or dilutants, four ounces or less but more than two
542	542	ounces;
543	543	(3) a state jail felony if the amount of the controlled
544	544	substance possessed is, by aggregate weight, including adulterants
545	545	or dilutants, five pounds or less but more than four ounces;
546	546	(4) a felony of the third degree if the amount of the
547	547	controlled substance possessed is, by aggregate weight, including
548	548	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
549	549	(5) a felony of the second degree if the amount of the
550	550	controlled substance possessed is, by aggregate weight, including
551	551	adulterants or dilutants, 2,000 pounds or less but more than 50
552	552	pounds; and
553	553	(6) punishable by imprisonment in the Texas Department
554	554	of Criminal Justice for life or for a term of not more than 99 years
555	555	or less than 5 years, and a fine not to exceed $50,000, if the amount
556	556	of the controlled substance possessed is, by aggregate weight,
557	557	including adulterants or dilutants, more than 2,000 pounds.
558	558	(c) It is a defense to prosecution for an offense punishable
559	559	under Subsection (b)(1), (1-a), or (2) that the actor:
560	560	(1) was the first person to request emergency medical
561	561	assistance in response to the possible overdose of another person
562	562	and:
563	563	(A) made the request for medical assistance
564	564	during an ongoing medical emergency;
565	565	(B) remained on the scene until the medical
566	566	assistance arrived; and
567	567	(C) cooperated with medical assistance and law
568	568	enforcement personnel; or
569	569	(2) was the victim of a possible overdose for which
570	570	emergency medical assistance was requested, by the actor or by
571	571	another person, during an ongoing medical emergency.
572	572	(d) The defense to prosecution provided by Subsection (c) is
573	573	not available if:
574	574	(1) at the time the request for emergency medical
575	575	assistance was made:
576	576	(A) a peace officer was in the process of
577	577	arresting the actor or executing a search warrant describing the
578	578	actor or the place from which the request for medical assistance was
579	579	made; or
580	580	(B) the actor is committing another offense,
581	581	other than an offense punishable under Section 481.115(b),
582	582	481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
583	583	481.121(b)(1), (1-a), or (2), or an offense under Section
584	584	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
585	585	(2) the actor has been previously convicted of or
586	586	placed on deferred adjudication community supervision for an
587	587	offense under this chapter or Chapter 483 or 485;
588	588	(3) the actor was acquitted in a previous proceeding
589	589	in which the actor successfully established the defense under that
590	590	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
591	591	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
592	592	483.041(e), or 485.031(c); or
593	593	(4) at any time during the 18-month period preceding
594	594	the date of the commission of the instant offense, the actor
595	595	requested emergency medical assistance in response to
596	596	the possible overdose of the actor or another person.
597	597	SECTION 16. Section 481.117(g), Health and Safety Code, is
598	598	amended to read as follows:
599	599	(g) The defense to prosecution provided by Subsection (f) is
600	600	not available if:
601	601	(1) at the time the request for emergency medical
602	602	assistance was made:
603	603	(A) a peace officer was in the process of
604	604	arresting the actor or executing a search warrant describing the
605	605	actor or the place from which the request for medical assistance was
606	606	made; or
607	607	(B) the actor is committing another offense,
608	608	other than an offense punishable under Section 481.115(b),
609	609	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
610	610	481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
611	611	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
612	612	(2) the actor has been previously convicted of or
613	613	placed on deferred adjudication community supervision for an
614	614	offense under this chapter or Chapter 483 or 485;
615	615	(3) the actor was acquitted in a previous proceeding
616	616	in which the actor successfully established the defense under that
617	617	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
618	618	481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
619	619	483.041(e), or 485.031(c); or
620	620	(4) at any time during the 18-month period preceding
621	621	the date of the commission of the instant offense, the actor
622	622	requested emergency medical assistance in response to
623	623	the possible overdose of the actor or another person.
624	624	SECTION 17. Section 481.118(g), Health and Safety Code, is
625	625	amended to read as follows:
626	626	(g) The defense to prosecution provided by Subsection (f) is
627	627	not available if:
628	628	(1) at the time the request for emergency medical
629	629	assistance was made:
630	630	(A) a peace officer was in the process of
631	631	arresting the actor or executing a search warrant describing the
632	632	actor or the place from which the request for medical assistance was
633	633	made; or
634	634	(B) the actor is committing another offense,
635	635	other than an offense punishable under Section 481.115(b),
636	636	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
637	637	481.117(b), or 481.121(b)(1), (1-a), or (2), or an offense under
638	638	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
639	639	(2) the actor has been previously convicted of or
640	640	placed on deferred adjudication community supervision for an
641	641	offense under this chapter or Chapter 483 or 485;
642	642	(3) the actor was acquitted in a previous proceeding
643	643	in which the actor successfully established the defense under that
644	644	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
645	645	481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
646	646	483.041(e), or 485.031(c); or
647	647	(4) at any time during the 18-month period preceding
648	648	the date of the commission of the instant offense, the actor
649	649	requested emergency medical assistance in response to
650	650	the possible overdose of the actor or another person.
651	651	SECTION 18. Section 481.119(d), Health and Safety Code, is
652	652	amended to read as follows:
653	653	(d) The defense to prosecution provided by Subsection (c) is
654	654	not available if:
655	655	(1) at the time the request for emergency medical
656	656	assistance was made:
657	657	(A) a peace officer was in the process of
658	658	arresting the actor or executing a search warrant describing the
659	659	actor or the place from which the request for medical assistance was
660	660	made; or
661	661	(B) the actor is committing another offense,
662	662	other than an offense punishable under Section 481.115(b),
663	663	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
664	664	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
665	665	offense under Section 481.125(a), 483.041(a), or 485.031(a);
666	666	(2) the actor has been previously convicted of or
667	667	placed on deferred adjudication community supervision for an
668	668	offense under this chapter or Chapter 483 or 485;
669	669	(3) the actor was acquitted in a previous proceeding
670	670	in which the actor successfully established the defense under that
671	671	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
672	672	481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
673	673	483.041(e), or 485.031(c); or
674	674	(4) at any time during the 18-month period preceding
675	675	the date of the commission of the instant offense, the actor
676	676	requested emergency medical assistance in response to
677	677	the possible overdose of the actor or another person.
678	678	SECTION 19. Sections 481.121(b), (c), and (d), Health and
679	679	Safety Code, are amended to read as follows:
680	680	(b) An offense under Subsection (a) is:
681	681	(1) a Class C misdemeanor if the amount of marihuana
682	682	possessed is one ounce or less;
683	683	(1-a) a Class B misdemeanor if the amount of marihuana
684	684	possessed is two ounces or less but more than one ounce;
685	685	(2) a Class A misdemeanor if the amount of marihuana
686	686	possessed is four ounces or less but more than two ounces;
687	687	(3) a state jail felony if the amount of marihuana
688	688	possessed is five pounds or less but more than four ounces;
689	689	(4) a felony of the third degree if the amount of
690	690	marihuana possessed is 50 pounds or less but more than 5 pounds;
691	691	(5) a felony of the second degree if the amount of
692	692	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
693	693	and
694	694	(6) punishable by imprisonment in the Texas Department
695	695	of Criminal Justice for life or for a term of not more than 99 years
696	696	or less than 5 years, and a fine not to exceed $50,000, if the amount
697	697	of marihuana possessed is more than 2,000 pounds.
698	698	(c) It is a defense to prosecution for an offense punishable
699	699	under Subsection (b)(1), (1-a), or (2) that the actor:
700	700	(1) was the first person to request emergency medical
701	701	assistance in response to the possible overdose of another person
702	702	and:
703	703	(A) made the request for medical assistance
704	704	during an ongoing medical emergency;
705	705	(B) remained on the scene until the medical
706	706	assistance arrived; and
707	707	(C) cooperated with medical assistance and law
708	708	enforcement personnel; or
709	709	(2) was the victim of a possible overdose for which
710	710	emergency medical assistance was requested, by the actor or by
711	711	another person, during an ongoing medical emergency.
712	712	(d) The defense to prosecution provided by Subsection (c) is
713	713	not available if:
714	714	(1) at the time the request for emergency medical
715	715	assistance was made:
716	716	(A) a peace officer was in the process of
717	717	arresting the actor or executing a search warrant describing the
718	718	actor or the place from which the request for medical assistance was
719	719	made; or
720	720	(B) the actor is committing another offense,
721	721	other than an offense punishable under Section 481.115(b),
722	722	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
723	723	481.117(b), or 481.118(b), or an offense under Section 481.119(b),
724	724	481.125(a), 483.041(a), or 485.031(a);
725	725	(2) the actor has been previously convicted of or
726	726	placed on deferred adjudication community supervision for an
727	727	offense under this chapter or Chapter 483 or 485;
728	728	(3) the actor was acquitted in a previous proceeding
729	729	in which the actor successfully established the defense under that
730	730	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
731	731	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
732	732	483.041(e), or 485.031(c); or
733	733	(4) at any time during the 18-month period preceding
734	734	the date of the commission of the instant offense, the actor
735	735	requested emergency medical assistance in response to the possible
736	736	overdose of the actor or another person.
737	737	SECTION 20. Section 481.122(a), Health and Safety Code, is
738	738	amended to read as follows:
739	739	(a) A person commits an offense if the person knowingly
740	740	delivers a controlled substance listed in Penalty Group 1, 1-A,
741	741	1-B, 2, 2-A, 2-B, or 3 or knowingly delivers marihuana and the
742	742	person delivers the controlled substance or marihuana to a person:
743	743	(1) who is a child;
744	744	(2) who is enrolled in a public or private primary or
745	745	secondary school; or
746	746	(3) who the actor knows or believes intends to deliver
747	747	the controlled substance or marihuana to a person described by
748	748	Subdivision (1) or (2).
749	749	SECTION 21. Section 481.124(d), Health and Safety Code, is
750	750	amended to read as follows:
751	751	(d) An offense under this section is:
752	752	(1) a felony of the second degree if the controlled
753	753	substance is listed in Penalty Group 1, 1-A, or 1-B;
754	754	(2) a felony of the third degree if the controlled
755	755	substance is listed in Penalty Group 2, 2-A, or 2-B;
756	756	(3) a state jail felony if the controlled substance is
757	757	listed in Penalty Group 3 or 4; or
758	758	(4) a Class A misdemeanor if the controlled substance
759	759	is listed in a schedule by an action of the commissioner under this
760	760	chapter but not listed in a penalty group.
761	761	SECTION 22. Section 481.125(h), Health and Safety Code, is
762	762	amended to read as follows:
763	763	(h) The defense to prosecution provided by Subsection (g) is
764	764	not available if:
765	765	(1) at the time the request for emergency medical
766	766	assistance was made:
767	767	(A) a peace officer was in the process of
768	768	arresting the actor or executing a search warrant describing the
769	769	actor or the place from which the request for medical assistance was
770	770	made; or
771	771	(B) the actor is committing another offense,
772	772	other than an offense punishable under Section 481.115(b),
773	773	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
774	774	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
775	775	offense under Section 481.119(b), 483.041(a), or 485.031(a);
776	776	(2) the actor has been previously convicted of or
777	777	placed on deferred adjudication community supervision for an
778	778	offense under this chapter or Chapter 483 or 485;
779	779	(3) the actor was acquitted in a previous proceeding
780	780	in which the actor successfully established the defense under that
781	781	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
782	782	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
783	783	483.041(e), or 485.031(c); or
784	784	(4) at any time during the 18-month period preceding
785	785	the date of the commission of the instant offense, the actor
786	786	requested emergency medical assistance in response to the possible
787	787	overdose of the actor or another person.
788	788	SECTION 23. Section 481.134(f), Health and Safety Code, is
789	789	amended to read as follows:
790	790	(f) An offense otherwise punishable under Section
791	791	481.1161(b)(1-a), 481.118(b), 481.119(b), 481.120(b)(1), or
792	792	481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor if it is
793	793	shown on the trial of the offense that the offense was committed:
794	794	(1) in, on, or within 1,000 feet of any real property
795	795	that is owned, rented, or leased to a school or school board, the
796	796	premises of a public or private youth center, or a playground;
797	797	(2) on a school bus; or
798	798	(3) by any unauthorized person 18 years of age or
799	799	older, in, on, or within 1,000 feet of premises owned, rented, or
800	800	leased by a general residential operation operating as a
801	801	residential treatment center.
802	802	SECTION 24. Section 483.041(f), Health and Safety Code, is
803	803	amended to read as follows:
804	804	(f) The defense to prosecution provided by Subsection (e) is
805	805	not available if:
806	806	(1) at the time the request for emergency medical
807	807	assistance was made:
808	808	(A) a peace officer was in the process of
809	809	arresting the actor or executing a search warrant describing the
810	810	actor or the place from which the request for medical assistance was
811	811	made; or
812	812	(B) the actor is committing another offense,
813	813	other than an offense punishable under Section 481.115(b),
814	814	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
815	815	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
816	816	offense under Section 481.119(b), 481.125(a), or 485.031(a);
817	817	(2) the actor has been previously convicted of or
818	818	placed on deferred adjudication community supervision for an
819	819	offense under this chapter or Chapter 481 or 485;
820	820	(3) the actor was acquitted in a previous proceeding
821	821	in which the actor successfully established the defense under that
822	822	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
823	823	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
824	824	481.125(g), or 485.031(c); or
825	825	(4) at any time during the 18-month period preceding
826	826	the date of the commission of the instant offense, the actor
827	827	requested emergency medical assistance in response to the possible
828	828	overdose of the actor or another person.
829	829	SECTION 25. Section 485.031(d), Health and Safety Code, is
830	830	amended to read as follows:
831	831	(d) The defense to prosecution provided by Subsection (c) is
832	832	not available if:
833	833	(1) at the time the request for emergency medical
834	834	assistance was made:
835	835	(A) a peace officer was in the process of
836	836	arresting the actor or executing a search warrant describing the
837	837	actor or the place from which the request for medical assistance was
838	838	made; or
839	839	(B) the actor is committing another offense,
840	840	other than an offense punishable under Section 481.115(b),
841	841	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
842	842	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
843	843	offense under Section 481.119(b), 481.125(a), or 483.041(a);
844	844	(2) the actor has been previously convicted of or
845	845	placed on deferred adjudication community supervision for an
846	846	offense under this chapter or Chapter 481 or 483;
847	847	(3) the actor was acquitted in a previous proceeding
848	848	in which the actor successfully established the defense under that
849	849	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
850	850	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
851	851	481.125(g), or 483.041(e); or
852	852	(4) at any time during the 18-month period preceding
853	853	the date of the commission of the instant offense, the actor
854	854	requested emergency medical assistance in response to the possible
855	855	overdose of the actor or another person.
856	856	SECTION 26. Sections 551.003(11) and (12), Occupations
857	857	Code, are amended to read as follows:
858	858	(11) "Controlled substance" means a substance,
859	859	including a drug:
860	860	(A) listed in Schedule I, II, III, IV, or V, as
861	861	established by the commissioner of public health under Chapter 481,
862	862	Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2, 2-A,
863	863	2-B, 3, or 4, Chapter 481; or
864	864	(B) included in Schedule I, II, III, IV, or V of
865	865	the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
866	866	U.S.C. Section 801 et seq.).
867	867	(12) "Dangerous drug" means a drug or device that:
868	868	(A) is not included in Penalty Group 1, 1-B, 2,
869	869	2-A, 2-B, 3, or 4, Chapter 481, Health and Safety Code, and is
870	870	unsafe for self-medication; or
871	871	(B) bears or is required to bear the legend:
872	872	(i) "Caution: federal law prohibits
873	873	dispensing without prescription" or "Rx only" or another legend
874	874	that complies with federal law; or
875	875	(ii) "Caution: federal law restricts this
876	876	drug to use by or on the order of a licensed veterinarian."
877	877	SECTION 27. Section 521.371(3), Transportation Code, is
878	878	amended to read as follows:
879	879	(3) "Drug offense" has the meaning assigned under 23
880	880	U.S.C. Section 159(c) and includes an offense under Section 49.04,
881	881	49.07, or 49.08, Penal Code, that is committed as a result of the
882	882	introduction into the body of any substance the possession of which
883	883	is prohibited under the Controlled Substances Act. The term does
884	884	not include an offense punishable by fine only under the laws of
885	885	this state.
886	886	SECTION 28. The changes in law made by this Act apply only
887	887	to an offense committed on or after the effective date of this Act.
888	888	An offense committed before the effective date of this Act is
889	889	governed by the law in effect on the date the offense was committed,
890	890	and the former law is continued in effect for that purpose. For
891	891	purposes of this section, an offense was committed before the
892	892	effective date of this Act if any element of the offense was
893	893	committed before that date.
894	894	SECTION 29. (a) Except as otherwise provided by this
895	895	section, this Act takes effect September 1, 2023.
896	896	(b) Section 521.371, Transportation Code, as amended by
897	897	this Act, takes effect on the 91st day after the date the office of
898	898	the attorney general publishes in the Texas Register a finding
899	899	that:
900	900	(1) the legislature of this state has adopted a
901	901	resolution expressing the legislature's opposition to a law meeting
902	902	the requirements of 23 U.S.C. Section 159 in suspending, revoking,
903	903	or denying the driver's license of a person convicted of a drug
904	904	offense punishable by fine only for a period of six months;
905	905	(2) the governor of this state has submitted to the
906	906	United States secretary of transportation:
907	907	(A) a written certification of the governor's
908	908	opposition to the enactment or enforcement of a law required under
909	909	23 U.S.C. Section 159 as that law relates to offenses punishable by
910	910	fine only; and
911	911	(B) a written certification that the legislature
912	912	has adopted the resolution described by Subdivision (1) of this
913	913	subsection; and
914	914	(3) the United States secretary of transportation has
915	915	responded to the governor's submission and certified that highway
916	916	funds will not be withheld from this state in response to the
917	917	modification or full or partial repeal of the law required under 23
918	918	U.S.C. Section 159.