Texas 2025 - 89th Regular

Texas House Bill HB1763 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4951 CJD-D
2	2	By: Rosenthal H.B. No. 1763
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to repealing certain offenses and removing certain
10	10	regulations relating to marihuana, cannabis, cannabinoids,
11	11	synthetic cannabinoids, and paraphernalia.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The following provisions are repealed:
14	14	(1) Section 122.103(c), Agriculture Code;
15	15	(2) Section 122.358, Agriculture Code;
16	16	(3) Sections 69.06(e) and 104.01(c), Alcoholic
17	17	Beverage Code;
18	18	(4) Article 13A.553, Code of Criminal Procedure;
19	19	(5) Sections 443.202(a) and 443.2025(a), Health and
20	20	Safety Code;
21	21	(6) Section 481.002(17), Health and Safety Code;
22	22	(7) Section 481.1031, Health and Safety Code;
23	23	(8) Sections 481.111(c), (e), and (f), Health and
24	24	Safety Code;
25	25	(9) Sections 481.1131, 481.1161, 481.120, 481.121,
26	26	481.125, and 481.183, Health and Safety Code;
27	27	(10) Subchapter G, Chapter 481, Health and Safety
28	28	Code;
29	29	(11) Chapter 487, Health and Safety Code; and
30	30	(12) Chapter 169, Occupations Code.
31	31	SECTION 2. Section 122.354, Agriculture Code, is amended to
32	32	read as follows:
33	33	Sec. 122.354. DEPARTMENT RULES. The department[, in
34	34	consultation with the Department of Public Safety,] shall adopt
35	35	rules regulating the transportation of hemp in this state [to
36	36	ensure that illegal marihuana is not transported into or through
37	37	this state disguised as legal hemp].
38	38	SECTION 3. Section 69.06(a), Alcoholic Beverage Code, is
39	39	amended to read as follows:
40	40	(a) The commission shall deny an original application for a
41	41	retail dealer's on-premise license if the commission finds that the
42	42	applicant or the applicant's spouse, during the five years
43	43	immediately preceding the application, was finally convicted of a
44	44	felony or one of the following offenses:
45	45	(1) prostitution or solicitation of prostitution;
46	46	(2) a vagrancy offense involving moral turpitude;
47	47	(3) bookmaking;
48	48	(4) gambling or gaming;
49	49	(5) an offense involving controlled substances as
50	50	defined in the Texas Controlled Substances Act, including [an
51	51	offense involving a synthetic cannabinoid, or] an offense involving
52	52	other dangerous drugs;
53	53	(6) a violation of this code resulting in the
54	54	cancellation of a license or permit, or a fine of not less than
55	55	$500;
56	56	(7) more than three violations of this code relating
57	57	to minors;
58	58	(8) bootlegging; or
59	59	(9) an offense involving firearms or a deadly weapon.
60	60	SECTION 4. Section 104.01(a), Alcoholic Beverage Code, is
61	61	amended to read as follows:
62	62	(a) A person authorized to sell malt beverages at retail, or
63	63	the person's agent, servant, or employee, may not engage in or
64	64	permit conduct on the premises of the retailer which is lewd,
65	65	immoral, or offensive to public decency, including any of the
66	66	following acts:
67	67	(1) the use of loud and vociferous or obscene, vulgar,
68	68	or indecent language, or permitting its use;
69	69	(2) the exposure of a person or permitting a person to
70	70	expose himself or herself;
71	71	(3) rudely displaying or permitting a person to rudely
72	72	display a pistol or other deadly weapon in a manner calculated to
73	73	disturb persons in the retail establishment;
74	74	(4) solicitation of any person to buy drinks for
75	75	consumption by the retailer or any of the retailer's employees;
76	76	(5) being intoxicated on the licensed premises;
77	77	(6) permitting lewd or vulgar entertainment or acts;
78	78	(7) permitting solicitations of persons for immoral or
79	79	sexual purposes;
80	80	(8) failing or refusing to comply with state or
81	81	municipal health or sanitary laws or ordinances; or
82	82	(9) possession of a narcotic [or synthetic
83	83	cannabinoid] or any equipment used or designed for the
84	84	administering of a narcotic [or a synthetic cannabinoid] or
85	85	permitting a person on the licensed premises to do so.
86	86	SECTION 5. Article 14.06(d), Code of Criminal Procedure, is
87	87	amended to read as follows:
88	88	(d) Subsection (c) applies only to a person charged with
89	89	committing an offense under:
90	90	(1) [Section 481.121, Health and Safety Code, if the
91	91	offense is punishable under Subsection (b)(1) or (2) of that
92	92	section;
93	93	[(1-a) Section 481.1161, Health and Safety Code, if
94	94	the offense is punishable under Subsection (b)(1) or (2) of that
95	95	section;
96	96	[(2)] Section 28.03, Penal Code, if the offense is
97	97	punishable under Subsection (b)(2) of that section;
98	98	(2) [(3)] Section 28.08, Penal Code, if the offense is
99	99	punishable under Subsection (b)(2) or (3) of that section;
100	100	(3) [(4)] Section 31.03, Penal Code, if the offense is
101	101	punishable under Subsection (e)(2)(A) of that section;
102	102	(4) [(5)] Section 31.04, Penal Code, if the offense is
103	103	punishable under Subsection (e)(2) of that section;
104	104	(5) [(5-a)] Section 37.10, Penal Code, if the offense
105	105	is for tampering with a temporary tag issued under Chapter 502 or
106	106	503, Transportation Code;
107	107	(6) Section 38.114, Penal Code, if the offense is
108	108	punishable as a Class B misdemeanor; or
109	109	(7) Section 521.457, Transportation Code.
110	110	SECTION 6. Article 15.27(h), Code of Criminal Procedure, is
111	111	amended to read as follows:
112	112	(h) This article applies to any felony offense and the
113	113	following misdemeanors:
114	114	(1) an offense under Section 20.02, 21.08, 22.01,
115	115	22.05, 22.07, or 71.02, Penal Code;
116	116	(2) the unlawful use, sale, or possession of a
117	117	controlled substance[, drug paraphernalia, or marihuana], as
118	118	defined by Chapter 481, Health and Safety Code; or
119	119	(3) the unlawful possession of any of the weapons or
120	120	devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
121	121	weapon listed as a prohibited weapon under Section 46.05, Penal
122	122	Code.
123	123	SECTION 7. Article 18.02(a), Code of Criminal Procedure, is
124	124	amended to read as follows:
125	125	(a) A search warrant may be issued to search for and seize:
126	126	(1) property acquired by theft or in any other manner
127	127	which makes its acquisition a penal offense;
128	128	(2) property specially designed, made, or adapted for
129	129	or commonly used in the commission of an offense;
130	130	(3) arms and munitions kept or prepared for the
131	131	purposes of insurrection or riot;
132	132	(4) weapons prohibited by the Penal Code;
133	133	(5) gambling devices or equipment, altered gambling
134	134	equipment, or gambling paraphernalia;
135	135	(6) obscene materials kept or prepared for commercial
136	136	distribution or exhibition, subject to the additional rules set
137	137	forth by law;
138	138	(7) a drug, controlled substance, immediate
139	139	precursor, chemical precursor, or other controlled substance
140	140	property, including an apparatus [or paraphernalia] kept,
141	141	prepared, or manufactured in violation of the laws of this state;
142	142	(8) any property the possession of which is prohibited
143	143	by law;
144	144	(9) implements or instruments used in the commission
145	145	of a crime;
146	146	(10) property or items, except the personal writings
147	147	by the accused, constituting evidence of an offense or constituting
148	148	evidence tending to show that a particular person committed an
149	149	offense;
150	150	(11) persons;
151	151	(12) contraband subject to forfeiture under Chapter 59
152	152	of this code;
153	153	(13) electronic customer data held in electronic
154	154	storage, including the contents of and records and other
155	155	information related to a wire communication or electronic
156	156	communication held in electronic storage; or
157	157	(14) a cellular telephone or other wireless
158	158	communications device, subject to Article 18.0215.
159	159	SECTION 8. Article 18A.101, Code of Criminal Procedure, is
160	160	amended to read as follows:
161	161	Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
162	162	ISSUED. A judge of competent jurisdiction may issue an
163	163	interception order only if the prosecutor applying for the order
164	164	shows probable cause to believe that the interception will provide
165	165	evidence of the commission of:
166	166	(1) a felony under any of the following provisions of
167	167	the Health and Safety Code:
168	168	(A) Chapter 481[, other than felony possession of
169	169	marihuana];
170	170	(B) Chapter 483; or
171	171	(C) Section 485.032;
172	172	(2) an offense under any of the following provisions
173	173	of the Penal Code:
174	174	(A) Section 19.02;
175	175	(B) Section 19.03;
176	176	(C) Section 20.03;
177	177	(D) Section 20.04;
178	178	(E) Chapter 20A;
179	179	(F) Chapter 34, if the criminal activity giving
180	180	rise to the proceeds involves the commission of an offense under
181	181	Title 5, Penal Code, or an offense under federal law or the laws of
182	182	another state containing elements that are substantially similar to
183	183	the elements of an offense under Title 5;
184	184	(G) Section 38.11;
185	185	(H) Section 43.04;
186	186	(I) Section 43.041;
187	187	(J) Section 43.05; or
188	188	(K) Section 43.26; or
189	189	(3) an attempt, conspiracy, or solicitation to commit
190	190	an offense listed in Subdivision (1) or (2).
191	191	SECTION 9. Article 42A.301(b), Code of Criminal Procedure,
192	192	is amended to read as follows:
193	193	(b) Conditions of community supervision may include
194	194	conditions requiring the defendant to:
195	195	(1) commit no offense against the laws of this state or
196	196	of any other state or of the United States;
197	197	(2) avoid injurious or vicious habits;
198	198	(3) report to the supervision officer as directed by
199	199	the judge or supervision officer and obey all rules and regulations
200	200	of the community supervision and corrections department;
201	201	(4) permit the supervision officer to visit the
202	202	defendant at the defendant's home or elsewhere;
203	203	(5) work faithfully at suitable employment to the
204	204	extent possible;
205	205	(6) remain within a specified place;
206	206	(7) pay in one or more amounts:
207	207	(A) the defendant's fine, if one is assessed; and
208	208	(B) all court costs, regardless of whether a fine
209	209	is assessed;
210	210	(8) support the defendant's dependents;
211	211	(9) participate, for a period specified by the judge,
212	212	in any community-based program, including a community service
213	213	project under Article 42A.304;
214	214	(10) if the judge determines that the defendant has
215	215	financial resources that enable the defendant to offset in part or
216	216	in whole the costs of the legal services provided to the defendant
217	217	in accordance with Article 1.051(c) or (d), including any expenses
218	218	and costs, reimburse the county in which the prosecution was
219	219	instituted for the costs of the legal services in an amount that the
220	220	judge finds the defendant is able to pay, except that the defendant
221	221	may not be ordered to pay an amount that exceeds:
222	222	(A) the actual costs, including any expenses and
223	223	costs, paid by the county for the legal services provided by an
224	224	appointed attorney; or
225	225	(B) if the defendant was represented by a public
226	226	defender's office, the actual amount, including any expenses and
227	227	costs, that would have otherwise been paid to an appointed attorney
228	228	had the county not had a public defender's office;
229	229	(11) if under custodial supervision in a community
230	230	corrections facility:
231	231	(A) remain under that supervision;
232	232	(B) obey all rules and regulations of the
233	233	facility; and
234	234	(C) pay a percentage of the defendant's income to
235	235	the facility for room and board;
236	236	(12) submit to testing for alcohol or controlled
237	237	substances;
238	238	(13) attend counseling sessions for substance abusers
239	239	or participate in substance abuse treatment services in a program
240	240	or facility approved or licensed by the Department of State Health
241	241	Services;
242	242	(14) with the consent of the victim of a misdemeanor
243	243	offense or of any offense under Title 7, Penal Code, participate in
244	244	victim-defendant mediation;
245	245	(15) submit to electronic monitoring;
246	246	(16) reimburse the compensation to victims of crime
247	247	fund for any amounts paid from that fund to or on behalf of a victim,
248	248	as defined by Article 56B.003, of the offense or if no reimbursement
249	249	is required, make one payment to the compensation to victims of
250	250	crime fund in an amount not to exceed $50 if the offense is a
251	251	misdemeanor or not to exceed $100 if the offense is a felony;
252	252	(17) reimburse a law enforcement agency for the
253	253	analysis, storage, or disposal of raw materials, controlled
254	254	substances, chemical precursors, [drug paraphernalia,] or other
255	255	materials seized in connection with the offense;
256	256	(18) reimburse all or part of the reasonable and
257	257	necessary costs incurred by the victim for psychological counseling
258	258	made necessary by the offense or for counseling and education
259	259	relating to acquired immune deficiency syndrome or human
260	260	immunodeficiency virus made necessary by the offense;
261	261	(19) pay a fine in an amount not to exceed $50 to a
262	262	crime stoppers organization, as defined by Section 414.001,
263	263	Government Code, and as certified by the Texas Crime Stoppers
264	264	Council;
265	265	(20) submit a DNA sample to the Department of Public
266	266	Safety under Subchapter G, Chapter 411, Government Code, for the
267	267	purpose of creating a DNA record of the defendant; and
268	268	(21) in any manner required by the judge, provide in
269	269	the county in which the offense was committed public notice of the
270	270	offense for which the defendant was placed on community
271	271	supervision.
272	272	SECTION 10. Article 42A.514(a), Code of Criminal Procedure,
273	273	is amended to read as follows:
274	274	(a) If a judge grants community supervision to a defendant
275	275	younger than 18 years of age convicted of an alcohol-related
276	276	offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
277	277	106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
278	278	an offense involving possession of a controlled substance [or
279	279	marihuana] under Section 481.115, 481.1151, 481.116, [481.1161,]
280	280	481.117, or 481.118, [or 481.121,] Health and Safety Code, the
281	281	judge may require the defendant as a condition of community
282	282	supervision to successfully complete, as appropriate:
283	283	(1) an alcohol awareness program under Section
284	284	106.115, Alcoholic Beverage Code, that is regulated by the Texas
285	285	Department of Licensing and Regulation under Chapter 171,
286	286	Government Code; or
287	287	(2) a substance misuse education program that is
288	288	designed to educate persons on the dangers of substance misuse in
289	289	accordance with Section 521.374(a)(1), Transportation Code, and
290	290	that is regulated by the Texas Department of Licensing and
291	291	Regulation under Chapter 171, Government Code.
292	292	SECTION 11. Articles 42A.551(a) and (c), Code of Criminal
293	293	Procedure, are amended to read as follows:
294	294	(a) Except as otherwise provided by Subsection (b) or (c),
295	295	on conviction of a state jail felony under Section 481.115(b),
296	296	481.1151(b)(1), 481.116(b), [481.1161(b)(3), 481.121(b)(3),] or
297	297	481.129(g)(1), Health and Safety Code, that is punished under
298	298	Section 12.35(a), Penal Code, the judge shall suspend the
299	299	imposition of the sentence and place the defendant on community
300	300	supervision.
301	301	(c) Subsection (a) does not apply to a defendant who[:
302	302	[(1)] under Section 481.1151(b)(1), Health and Safety
303	303	Code, possessed more than five abuse units of the controlled
304	304	substance[;
305	305	[(2) under Section 481.1161(b)(3), Health and Safety
306	306	Code, possessed more than one pound, by aggregate weight, including
307	307	adulterants or dilutants, of the controlled substance; or
308	308	[(3) under Section 481.121(b)(3), Health and Safety
309	309	Code, possessed more than one pound of marihuana].
310	310	SECTION 12. Article 42A.555(a), Code of Criminal Procedure,
311	311	is amended to read as follows:
312	312	(a) A judge assessing punishment in a state jail felony case
313	313	may impose as a condition of community supervision that a defendant
314	314	submit at the beginning of the period of community supervision to a
315	315	term of confinement in a state jail felony facility for a term of:
316	316	(1) not less than 90 days or more than 180 days; or
317	317	(2) not less than 90 days or more than one year, if the
318	318	defendant is convicted of an offense punishable as a state jail
319	319	felony under Section 481.112, 481.1121, or 481.113, [or 481.120,]
320	320	Health and Safety Code.
321	321	SECTION 13. Section 37.005(c), Education Code, is amended
322	322	to read as follows:
323	323	(c) A student who is enrolled in a grade level below grade
324	324	three may not be placed in out-of-school suspension unless while on
325	325	school property or while attending a school-sponsored or
326	326	school-related activity on or off of school property, the student
327	327	engages in:
328	328	(1) conduct that contains the elements of an offense
329	329	related to weapons under Section 46.02 or 46.05, Penal Code;
330	330	(2) conduct that contains the elements of a violent
331	331	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
332	332	or
333	333	(3) selling, giving, or delivering to another person
334	334	or possessing, using, or being under the influence of any amount of:
335	335	(A) [marihuana or] a controlled substance, as
336	336	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
337	337	Section 801 et seq.;
338	338	(B) a dangerous drug, as defined by Chapter 483,
339	339	Health and Safety Code; or
340	340	(C) an alcoholic beverage, as defined by Section
341	341	1.04, Alcoholic Beverage Code.
342	342	SECTION 14. Section 37.006(a), Education Code, is amended
343	343	to read as follows:
344	344	(a) Subject to the requirements of Section 37.009(a), a
345	345	student shall be removed from class and placed in a disciplinary
346	346	alternative education program as provided by Section 37.008 if the
347	347	student:
348	348	(1) engages in conduct involving a public school that
349	349	contains the elements of the offense of false alarm or report under
350	350	Section 42.06, Penal Code, or terroristic threat under Section
351	351	22.07, Penal Code; or
352	352	(2) commits the following on or within 300 feet of
353	353	school property, as measured from any point on the school's real
354	354	property boundary line, or while attending a school-sponsored or
355	355	school-related activity on or off of school property:
356	356	(A) engages in conduct punishable as a felony;
357	357	(B) engages in conduct that contains the elements
358	358	of the offense of assault under Section 22.01(a)(1), Penal Code;
359	359	(C) sells, gives, or delivers to another person
360	360	or possesses or uses or is under the influence of:
361	361	(i) a controlled substance, as defined by
362	362	Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
363	363	seq., excluding marihuana, as defined by Section 481.002, Health
364	364	and Safety Code, or tetrahydrocannabinol, as defined by rule
365	365	adopted under Section 481.003 of that code; or
366	366	(ii) a dangerous drug, as defined by
367	367	Chapter 483, Health and Safety Code;
368	368	(C-1) [possesses, uses, or is under the influence
369	369	of, or sells, gives, or delivers to another person marihuana, as
370	370	defined by Section 481.002, Health and Safety Code, or
371	371	tetrahydrocannabinol, as defined by rule adopted under Section
372	372	481.003 of that code;
373	373	[(C-2)] possesses, uses, sells, gives, or
374	374	delivers to another person an e-cigarette, as defined by Section
375	375	161.081, Health and Safety Code;
376	376	(D) sells, gives, or delivers to another person
377	377	an alcoholic beverage, as defined by Section 1.04, Alcoholic
378	378	Beverage Code, commits a serious act or offense while under the
379	379	influence of alcohol, or possesses, uses, or is under the influence
380	380	of an alcoholic beverage;
381	381	(E) engages in conduct that contains the elements
382	382	of an offense relating to an abusable volatile chemical under
383	383	Sections 485.031 through 485.034, Health and Safety Code;
384	384	(F) engages in conduct that contains the elements
385	385	of the offense of public lewdness under Section 21.07, Penal Code,
386	386	or indecent exposure under Section 21.08, Penal Code; or
387	387	(G) engages in conduct that contains the elements
388	388	of the offense of harassment under Section 42.07(a)(1), (2), (3),
389	389	or (7), Penal Code, against an employee of the school district.
390	390	SECTION 15. Section 37.007(b), Education Code, is amended
391	391	to read as follows:
392	392	(b) A student may be expelled if the student:
393	393	(1) engages in conduct involving a public school that
394	394	contains the elements of the offense of false alarm or report under
395	395	Section 42.06, Penal Code, or terroristic threat under Section
396	396	22.07, Penal Code;
397	397	(2) while on or within 300 feet of school property, as
398	398	measured from any point on the school's real property boundary
399	399	line, or while attending a school-sponsored or school-related
400	400	activity on or off of school property:
401	401	(A) sells, gives, or delivers to another person
402	402	or possesses, uses, or is under the influence of any amount of:
403	403	(i) [marihuana or] a controlled substance,
404	404	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
405	405	Section 801 et seq., excluding marihuana, as defined by Section
406	406	481.002, Health and Safety Code, or tetrahydrocannabinol, as
407	407	defined by rule adopted under Section 481.003 of that code;
408	408	(ii) a dangerous drug, as defined by
409	409	Chapter 483, Health and Safety Code; or
410	410	(iii) an alcoholic beverage, as defined by
411	411	Section 1.04, Alcoholic Beverage Code;
412	412	(B) engages in conduct that contains the elements
413	413	of an offense relating to an abusable volatile chemical under
414	414	Sections 485.031 through 485.034, Health and Safety Code;
415	415	(C) engages in conduct that contains the elements
416	416	of an offense under Section 22.01(a)(1), Penal Code, against a
417	417	school district employee or a volunteer as defined by Section
418	418	22.053; or
419	419	(D) engages in conduct that contains the elements
420	420	of the offense of deadly conduct under Section 22.05, Penal Code;
421	421	(3) subject to Subsection (d), while within 300 feet
422	422	of school property, as measured from any point on the school's real
423	423	property boundary line:
424	424	(A) engages in conduct specified by Subsection
425	425	(a); or
426	426	(B) possesses a firearm, as defined by 18 U.S.C.
427	427	Section 921;
428	428	(4) engages in conduct that contains the elements of
429	429	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
430	430	aggravated robbery under Section 29.03, Penal Code, against another
431	431	student, without regard to whether the conduct occurs on or off of
432	432	school property or while attending a school-sponsored or
433	433	school-related activity on or off of school property; or
434	434	(5) engages in conduct that contains the elements of
435	435	the offense of breach of computer security under Section 33.02,
436	436	Penal Code, if:
437	437	(A) the conduct involves accessing a computer,
438	438	computer network, or computer system owned by or operated on behalf
439	439	of a school district; and
440	440	(B) the student knowingly:
441	441	(i) alters, damages, or deletes school
442	442	district property or information; or
443	443	(ii) commits a breach of any other
444	444	computer, computer network, or computer system.
445	445	SECTION 16. Sections 37.009(a-1) and (a-2), Education Code,
446	446	are amended to read as follows:
447	447	(a-1) If a disciplinary alternative education program is at
448	448	capacity at the time a campus behavior coordinator is deciding
449	449	placement under Subsection (a) for a student who engaged in conduct
450	450	described under Section 37.006(a)(2)(C-1), [(C-2),] (D), or (E),
451	451	the student shall be:
452	452	(1) placed in in-school suspension; and
453	453	(2) if a position becomes available in the program
454	454	before the expiration of the period of the placement, transferred
455	455	to the program for the remainder of the period.
456	456	(a-2) If a disciplinary alternative education program is at
457	457	capacity at the time a campus behavior coordinator is deciding
458	458	placement under Subsection (a) for a student who engaged in conduct
459	459	described under Section 37.007 that constitutes violent conduct, as
460	460	defined by commissioner rule, a student who has been placed in the
461	461	program for conduct described under Section 37.006(a)(2)(C-1),
462	462	[(C-2),] (D), or (E):
463	463	(1) may be removed from the program and placed in
464	464	in-school suspension to make a position in the program available
465	465	for the student who engaged in violent conduct; and
466	466	(2) if removed from the program under Subdivision (1)
467	467	and a position in the program becomes available before the
468	468	expiration of the period of the placement, shall be returned to the
469	469	program for the remainder of the period.
470	470	SECTION 17. Section 37.015(a), Education Code, is amended
471	471	to read as follows:
472	472	(a) The principal of a public or private primary or
473	473	secondary school, or a person designated by the principal under
474	474	Subsection (d), shall notify any school district police department
475	475	and the police department of the municipality in which the school is
476	476	located or, if the school is not in a municipality, the sheriff of
477	477	the county in which the school is located if the principal has
478	478	reasonable grounds to believe that any of the following activities
479	479	occur in school, on school property, or at a school-sponsored or
480	480	school-related activity on or off school property, whether or not
481	481	the activity is investigated by school security officers:
482	482	(1) conduct that may constitute an offense listed
483	483	under Section 508.149, Government Code;
484	484	(2) deadly conduct under Section 22.05, Penal Code;
485	485	(3) a terroristic threat under Section 22.07, Penal
486	486	Code;
487	487	(4) the use, sale, or possession of a controlled
488	488	substance[, drug paraphernalia, or marihuana] under Chapter 481,
489	489	Health and Safety Code;
490	490	(5) the possession of any of the weapons or devices
491	491	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
492	492	Code;
493	493	(6) conduct that may constitute a criminal offense
494	494	under Section 71.02, Penal Code; or
495	495	(7) conduct that may constitute a criminal offense for
496	496	which a student may be expelled under Section 37.007(a), (d), or
497	497	(e).
498	498	SECTION 18. Section 37.016, Education Code, is amended to
499	499	read as follows:
500	500	Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
501	501	teacher, school administrator, or school employee is not liable in
502	502	civil damages for reporting to a school administrator or
503	503	governmental authority, in the exercise of professional judgment
504	504	within the scope of the teacher's, administrator's, or employee's
505	505	duties, a student whom the teacher suspects of using, passing, or
506	506	selling, on school property:
507	507	(1) [marihuana or] a controlled substance, as defined
508	508	by Chapter 481, Health and Safety Code;
509	509	(2) a dangerous drug, as defined by Chapter 483,
510	510	Health and Safety Code;
511	511	(3) an abusable glue or aerosol paint, as defined by
512	512	Chapter 485, Health and Safety Code, or a volatile chemical, as
513	513	listed in Chapter 484, Health and Safety Code, if the substance is
514	514	used or sold for the purpose of inhaling its fumes or vapors; or
515	515	(4) an alcoholic beverage, as defined by Section 1.04,
516	516	Alcoholic Beverage Code.
517	517	SECTION 19. Section 53.03(h-1), Family Code, is amended to
518	518	read as follows:
519	519	(h-1) If the child is alleged to have engaged in delinquent
520	520	conduct or conduct indicating a need for supervision that violates
521	521	Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
522	522	481.118, [or 481.121,] Health and Safety Code, deferred prosecution
523	523	under this section may include a condition that the child
524	524	successfully complete a substance misuse education program that is
525	525	designed to educate persons on the dangers of substance misuse in
526	526	accordance with Section 521.374(a)(1), Transportation Code, and
527	527	that is regulated by the Texas Department of Licensing and
528	528	Regulation under Chapter 171, Government Code.
529	529	SECTION 20. Section 54.047(a), Family Code, is amended to
530	530	read as follows:
531	531	(a) If the court or jury finds at an adjudication hearing
532	532	for a child that the child engaged in delinquent conduct or conduct
533	533	indicating a need for supervision that constitutes a violation of
534	534	Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
535	535	481.118, [or 481.121,] Health and Safety Code, the court may order
536	536	that the child successfully complete a substance misuse education
537	537	program that is designed to educate persons on the dangers of
538	538	substance misuse in accordance with Section 521.374(a)(1),
539	539	Transportation Code, and that is regulated by the Texas Department
540	540	of Licensing and Regulation under Chapter 171, Government Code.
541	541	SECTION 21. Section 161.001(c), Family Code, is amended to
542	542	read as follows:
543	543	(c) Evidence of one or more of the following does not
544	544	constitute clear and convincing evidence sufficient for a court to
545	545	make a finding under Subsection (b) and order termination of the
546	546	parent-child relationship:
547	547	(1) the parent homeschooled the child;
548	548	(2) the parent is economically disadvantaged;
549	549	(3) the parent has been charged with a nonviolent
550	550	misdemeanor offense other than:
551	551	(A) an offense under Title 5, Penal Code;
552	552	(B) an offense under Title 6, Penal Code; or
553	553	(C) an offense that involves family violence, as
554	554	defined by Section 71.004 of this code;
555	555	(4) the parent provided or administered marihuana or
556	556	[low-THC] cannabis to a child for whom marihuana or [the low-THC]
557	557	cannabis was recommended or prescribed by a medical practitioner
558	558	for a medical condition [under Chapter 169, Occupations Code];
559	559	(5) the parent declined immunization for the child for
560	560	reasons of conscience, including a religious belief;
561	561	(6) the parent sought an opinion from more than one
562	562	medical provider relating to the child's medical care, transferred
563	563	the child's medical care to a new medical provider, or transferred
564	564	the child to another health care facility; or
565	565	(7) the parent allowed the child to engage in
566	566	independent activities that are appropriate and typical for the
567	567	child's level of maturity, physical condition, developmental
568	568	abilities, or culture.
569	569	SECTION 22. Section 262.116(a), Family Code, is amended to
570	570	read as follows:
571	571	(a) The Department of Family and Protective Services may not
572	572	take possession of a child under this subchapter based on evidence
573	573	that the parent:
574	574	(1) homeschooled the child;
575	575	(2) is economically disadvantaged;
576	576	(3) has been charged with a nonviolent misdemeanor
577	577	offense other than:
578	578	(A) an offense under Title 5, Penal Code;
579	579	(B) an offense under Title 6, Penal Code; or
580	580	(C) an offense that involves family violence, as
581	581	defined by Section 71.004 of this code;
582	582	(4) provided or administered marihuana or [low-THC]
583	583	cannabis to a child for whom marihuana or [the low-THC] cannabis was
584	584	recommended or prescribed by a medical practitioner for a medical
585	585	condition [under Chapter 169, Occupations Code];
586	586	(5) declined immunization for the child for reasons of
587	587	conscience, including a religious belief;
588	588	(6) sought an opinion from more than one medical
589	589	provider relating to the child's medical care, transferred the
590	590	child's medical care to a new medical provider, or transferred the
591	591	child to another health care facility;
592	592	(7) allowed the child to engage in independent
593	593	activities that are appropriate and typical for the child's level
594	594	of maturity, physical condition, developmental abilities, or
595	595	culture; or
596	596	(8) tested positive for marihuana, unless the
597	597	department has evidence that the parent's use of marihuana has
598	598	caused significant impairment to the child's physical or mental
599	599	health or emotional development.
600	600	SECTION 23. Section 76.017(b), Government Code, is amended
601	601	to read as follows:
602	602	(b) The program must:
603	603	(1) include automatic screening and evaluation of a
604	604	person arrested for an offense, other than a Class C misdemeanor, in
605	605	which an element of the offense is the use or possession of alcohol
606	606	or the use, possession, or sale of a controlled substance [or
607	607	marihuana];
608	608	(2) include automatic screening and evaluation of a
609	609	person arrested for an offense, other than a Class C misdemeanor, in
610	610	which the use of alcohol or drugs is suspected to have significantly
611	611	contributed to the offense for which the individual has been
612	612	arrested;
613	613	(3) coordinate the evaluation and referral to
614	614	treatment services; and
615	615	(4) make referrals for the appropriate treatment of a
616	616	person determined to be in need of treatment, including referrals
617	617	to a community corrections facility as defined by Section 509.001.
618	618	SECTION 24. Section 123.002, Government Code, is amended to
619	619	read as follows:
620	620	Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The
621	621	commissioners court of a county or governing body of a municipality
622	622	may establish the following types of drug court programs:
623	623	(1) drug courts for persons arrested for, charged
624	624	with, or convicted of:
625	625	(A) an offense in which an element of the offense
626	626	is the use or possession of alcohol or the use, possession, or sale
627	627	of a controlled substance or[,] a controlled substance analogue[,
628	628	or marihuana]; or
629	629	(B) an offense in which the use of alcohol or a
630	630	controlled substance is suspected to have significantly
631	631	contributed to the commission of the offense and the offense did not
632	632	involve:
633	633	(i) carrying, possessing, or using a
634	634	firearm or other dangerous weapon;
635	635	(ii) the use of force against the person of
636	636	another; or
637	637	(iii) the death of or serious bodily injury
638	638	to another;
639	639	(2) drug courts for juveniles detained for, taken into
640	640	custody for, or adjudicated as having engaged in:
641	641	(A) delinquent conduct, including habitual
642	642	felony conduct, or conduct indicating a need for supervision in
643	643	which an element of the conduct is the use or possession of alcohol
644	644	or the use, possession, or sale of a controlled substance or[,] a
645	645	controlled substance analogue[, or marihuana]; or
646	646	(B) delinquent conduct, including habitual
647	647	felony conduct, or conduct indicating a need for supervision in
648	648	which the use of alcohol or a controlled substance is suspected to
649	649	have significantly contributed to the commission of the conduct and
650	650	the conduct did not involve:
651	651	(i) carrying, possessing, or using a
652	652	firearm or other dangerous weapon;
653	653	(ii) the use of force against the person of
654	654	another; or
655	655	(iii) the death of or serious bodily injury
656	656	to another;
657	657	(3) reentry drug courts for persons with a
658	658	demonstrated history of using alcohol or a controlled substance who
659	659	may benefit from a program designed to facilitate the person's
660	660	transition and reintegration into the community on release from a
661	661	state or local correctional facility;
662	662	(4) family dependency drug treatment courts for family
663	663	members involved in a suit affecting the parent-child relationship
664	664	in which a parent's use of alcohol or a controlled substance is a
665	665	primary consideration in the outcome of the suit; or
666	666	(5) programs for other persons not precisely described
667	667	by Subdivisions (1)-(4) who may benefit from a program that has the
668	668	essential characteristics described by Section 123.001.
669	669	SECTION 25. Section 411.0728(a), Government Code, is
670	670	amended to read as follows:
671	671	(a) This section applies only to a person:
672	672	(1) who is convicted of or placed on deferred
673	673	adjudication community supervision for an offense under:
674	674	(A) [Section 481.120, Health and Safety Code, if
675	675	the offense is punishable under Subsection (b)(1);
676	676	[(B) Section 481.121, Health and Safety Code, if
677	677	the offense is punishable under Subsection (b)(1);
678	678	[(C)] Section 31.03, Penal Code, if the offense
679	679	is punishable under Subsection (e)(1) or (2); or
680	680	(B) [(D)] Section 43.02, Penal Code; and
681	681	(2) who, if requested by the applicable law
682	682	enforcement agency or prosecuting attorney to provide assistance in
683	683	the investigation or prosecution of an offense under Section
684	684	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
685	685	containing elements that are substantially similar to the elements
686	686	of an offense under any of those sections:
687	687	(A) provided assistance in the investigation or
688	688	prosecution of the offense; or
689	689	(B) did not provide assistance in the
690	690	investigation or prosecution of the offense due to the person's age
691	691	or a physical or mental disability resulting from being a victim of
692	692	an offense described by this subdivision.
693	693	SECTION 26. Section 411.0891(a), Government Code, is
694	694	amended to read as follows:
695	695	(a) The department may obtain as provided by Subsection
696	696	(a-1) criminal history record information that relates to a person
697	697	who:
698	698	(1) is an applicant for or holds a registration issued
699	699	by the director under Subchapter C, Chapter 481, Health and Safety
700	700	Code, that authorizes the person to manufacture, distribute,
701	701	analyze, or conduct research with a controlled substance;
702	702	(2) [is an applicant for or holds a registration
703	703	issued by the department under Chapter 487, Health and Safety Code,
704	704	to be a director, manager, or employee of a dispensing
705	705	organization, as defined by Section 487.001, Health and Safety
706	706	Code;
707	707	[(3)] is an applicant for or holds an authorization
708	708	issued by the department under Section 521.2476, Transportation
709	709	Code, to do business in this state as a vendor of ignition interlock
710	710	devices;
711	711	(3) [(4)] is an applicant for or holds certification
712	712	by the department as an inspection station or an inspector under
713	713	Subchapter G, Chapter 548, Transportation Code, holds an inspection
714	714	station or inspector certificate issued under that subchapter, or
715	715	is the owner of an inspection station operating under that chapter;
716	716	(4) [(5)] is an applicant for or holds a certificate of
717	717	registration issued by the department under Chapter 1956,
718	718	Occupations Code, to act as a metal recycling entity;
719	719	(5) [(6)] is an applicant for or holds a license to
720	720	carry a handgun issued by the department under Subchapter H, or is
721	721	an applicant for or holds a certification as an instructor issued by
722	722	the department under this chapter;
723	723	(6) [(7)] is an applicant for or holds a Capitol access
724	724	pass issued by the department under Section 411.0625; or
725	725	(7) [(8)] is an applicant for or holds a license or
726	726	commission issued by the department under Chapter 1702, Occupations
727	727	Code.
728	728	SECTION 27. Section 411.502, Government Code, is amended to
729	729	read as follows:
730	730	Sec. 411.502. APPLICABILITY. This subchapter applies to a
731	731	program, and persons regulated under the program, administered by
732	732	the department under the following laws, including rules adopted
733	733	under those laws:
734	734	(1) Section 411.0625;
735	735	(2) [Chapter 487, Health and Safety Code;
736	736	[(3)] Chapter 1702, Occupations Code;
737	737	(3) [(4)] Chapter 1956, Occupations Code;
738	738	(4) [(5)] Section 521.2476, Transportation Code; and
739	739	(5) [(6)] Subchapter G, Chapter 548, Transportation
740	740	Code.
741	741	SECTION 28. Sections 481.002(5), (6), (8), and (25), Health
742	742	and Safety Code, are amended to read as follows:
743	743	(5) "Controlled substance" means a substance,
744	744	including a drug, an adulterant, and a dilutant, listed in
745	745	Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, [2-A,] 3, or
746	746	4. The term includes the aggregate weight of any mixture,
747	747	solution, or other substance containing a controlled
748	748	substance. The term does not include hemp, as defined by Section
749	749	121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
750	750	(6) "Controlled substance analogue" means:
751	751	(A) a substance with a chemical structure
752	752	substantially similar to the chemical structure of a controlled
753	753	substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, or 2[, or
754	754	2-A]; or
755	755	(B) a substance specifically designed to produce
756	756	an effect substantially similar to, or greater than, the effect of a
757	757	controlled substance in Schedule I or II or Penalty Group 1, 1-A,
758	758	1-B, or 2[, or 2-A].
759	759	(8) "Deliver" means to transfer, actually or
760	760	constructively, to another a controlled substance or [,]
761	761	counterfeit substance, [or drug paraphernalia,] regardless of
762	762	whether there is an agency relationship. The term includes
763	763	offering to sell a controlled substance or [,] counterfeit
764	764	substance[, or drug paraphernalia].
765	765	(25) "Manufacture" means the production, preparation,
766	766	propagation, compounding, conversion, or processing of a
767	767	controlled substance [other than marihuana,] directly or
768	768	indirectly by extraction from substances of natural origin,
769	769	independently by means of chemical synthesis, or by a combination
770	770	of extraction and chemical synthesis, and includes the packaging or
771	771	repackaging of the substance or labeling or relabeling of its
772	772	container. However, the term does not include the preparation,
773	773	compounding, packaging, or labeling of a controlled substance:
774	774	(A) by a practitioner as an incident to the
775	775	practitioner's administering or dispensing a controlled substance
776	776	in the course of professional practice; or
777	777	(B) by a practitioner, or by an authorized agent
778	778	under the supervision of the practitioner, for or as an incident to
779	779	research, teaching, or chemical analysis and not for delivery.
780	780	SECTION 29. Section 481.062, Health and Safety Code, is
781	781	amended to read as follows:
782	782	Sec. 481.062. EXEMPTIONS. [(a)] The following persons may
783	783	possess a controlled substance under this chapter without
784	784	registering with the Federal Drug Enforcement Administration:
785	785	(1) an agent or employee of a manufacturer,
786	786	distributor, analyzer, or dispenser of the controlled substance who
787	787	is registered with the Federal Drug Enforcement Administration and
788	788	acting in the usual course of business or employment;
789	789	(2) a common or contract carrier, a warehouseman, or
790	790	an employee of a carrier or warehouseman whose possession of the
791	791	controlled substance is in the usual course of business or
792	792	employment;
793	793	(3) an ultimate user or a person in possession of the
794	794	controlled substance under a lawful order of a practitioner or in
795	795	lawful possession of the controlled substance if it is listed in
796	796	Schedule V; or
797	797	(4) an officer or employee of this state, another
798	798	state, a political subdivision of this state or another state, or
799	799	the United States who is lawfully engaged in the enforcement of a
800	800	law relating to a controlled substance or drug or to a customs law
801	801	and authorized to possess the controlled substance in the discharge
802	802	of the person's official duties[;
803	803	[(5) if the substance is tetrahydrocannabinol or one
804	804	of its derivatives:
805	805	[(A) a Department of State Health Services
806	806	official, a medical school researcher, or a research program
807	807	participant possessing the substance as authorized under
808	808	Subchapter G; or
809	809	[(B) a practitioner or an ultimate user
810	810	possessing the substance as a participant in a federally approved
811	811	therapeutic research program that the commissioner has reviewed and
812	812	found, in writing, to contain a medically responsible research
813	813	protocol; or
814	814	[(6) a dispensing organization licensed under Chapter
815	815	487 that possesses low-THC cannabis].
816	816	SECTION 30. Section 481.103(a), Health and Safety Code, is
817	817	amended to read as follows:
818	818	(a) Penalty Group 2 consists of:
819	819	(1) any quantity of the following hallucinogenic
820	820	substances, their salts, isomers, and salts of isomers, unless
821	821	specifically excepted, if the existence of these salts, isomers,
822	822	and salts of isomers is possible within the specific chemical
823	823	designation:
824	824	5-(2-aminopropyl)benzofuran (5-APB);
825	825	6-(2-aminopropyl)benzofuran (6-APB);
826	826	5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
827	827	6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
828	828	5-(2-aminopropyl)indole (5-IT,5-API);
829	829	6-(2-aminopropyl)indole (6-IT,6-API);
830	830	1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
831	831	1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
832	832	Benzothiophenylcyclohexylpiperidine (BTCP);
833	833	8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
834	834	4-ethanamine (trade or other name: Bromo-DragonFLY);
835	835	Desoxypipradrol (2-benzhydrylpiperidine);
836	836	2, 5-dimethoxyamphetamine (some trade or other names: 2,
837	837	5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
838	838	Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol,
839	839	D2PM);
840	840	Dronabinol (synthetic) in sesame oil and encapsulated in a
841	841	soft gelatin capsule in a U.S. Food and Drug Administration
842	842	approved drug product (some trade or other names for Dronabinol:
843	843	(a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
844	844	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
845	845	(trans)- tetrahydrocannabinol);
846	846	Ethylamine Analog of Phencyclidine (some trade or other
847	847	names: N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl)
848	848	ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
849	849	PCE);
850	850	2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or
851	851	other name: methoxetamine);
852	852	Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8,
853	853	9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1',
854	854	2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
855	855	5-iodo-2-aminoindane (5-IAI);
856	856	Mescaline;
857	857	5-methoxy-3, 4-methylenedioxy amphetamine;
858	858	4-methoxyamphetamine (some trade or other names:
859	859	4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
860	860	PMA);
861	861	4-methoxymethamphetamine (PMMA);
862	862	2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some
863	863	trade and other names: 2-MeO-ketamine; methoxyketamine);
864	864	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);
865	865	4-methyl-2, 5-dimethoxyamphetamine (some trade and other
866	866	names: 4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine;
867	867	"DOM"; "STP");
868	868	3,4-methylenedioxy methamphetamine (MDMA, MDM);
869	869	3,4-methylenedioxy amphetamine;
870	870	3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl
871	871	MDA);
872	872	5,6-methylenedioxy-2-aminoindane (MDAI);
873	873	Nabilone (Another name for nabilone: (+)-trans-
874	874	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
875	875	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
876	876	N-benzylpiperazine (some trade or other names: BZP;
877	877	1-benzylpiperazine);
878	878	N-ethyl-3-piperidyl benzilate;
879	879	N-hydroxy-3,4-methylenedioxyamphetamine (Also known as
880	880	N-hydroxy MDA);
881	881	4-methylaminorex;
882	882	N-methyl-3-piperidyl benzilate;
883	883	Parahexyl (some trade or other names: 3-Hexyl-1- hydroxy-7,
884	884	8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran;
885	885	Synhexyl);
886	886	1-Phenylcyclohexylamine;
887	887	1-Piperidinocyclohexanecarbonitrile (PCC);
888	888	Pyrrolidine Analog of Phencyclidine (some trade or other
889	889	names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
890	890	[Tetrahydrocannabinols, other than marihuana, and synthetic
891	891	equivalents of the substances contained in the plant, or in the
892	892	resinous extractives of Cannabis, or synthetic substances,
893	893	derivatives, and their isomers with similar chemical structure and
894	894	pharmacological activity such as:
895	895	[delta-1 cis or trans tetrahydrocannabinol, and their
896	896	optical isomers;
897	897	[delta-6 cis or trans tetrahydrocannabinol, and their
898	898	optical isomers;
899	899	[delta-3, 4 cis or trans tetrahydrocannabinol, and its
900	900	optical isomers; or
901	901	[compounds of these structures, regardless of numerical
902	902	designation of atomic positions, since nomenclature of these
903	903	substances is not internationally standardized;]
904	904	Thiophene Analog of Phencyclidine (some trade or other names:
905	905	1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of
906	906	Phencyclidine; TPCP, TCP);
907	907	1-pyrrolidine (some trade or other name: TCPy);
908	908	1-(3-trifluoromethylphenyl)piperazine (trade or other name:
909	909	TFMPP); and
910	910	3,4,5-trimethoxy amphetamine;
911	911	(2) Phenylacetone (some trade or other names:
912	912	Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
913	913	ketone);
914	914	(3) unless specifically excepted or unless listed in
915	915	another Penalty Group, a material, compound, mixture, or
916	916	preparation that contains any quantity of the following substances
917	917	having a potential for abuse associated with a depressant or
918	918	stimulant effect on the central nervous system:
919	919	Aminorex (some trade or other names: aminoxaphen;
920	920	2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
921	921	phenyl-2-oxazolamine);
922	922	Amphetamine, its salts, optical isomers, and salts of optical
923	923	isomers;
924	924	Cathinone (some trade or other names: 2-amino-1-
925	925	phenyl-1-propanone, alpha-aminopropiophenone, 2-
926	926	aminopropiophenone);
927	927	Etaqualone and its salts;
928	928	Etorphine Hydrochloride;
929	929	Fenethylline and its salts;
930	930	Lisdexamfetamine, including its salts, isomers, and salts of
931	931	isomers;
932	932	Mecloqualone and its salts;
933	933	Methaqualone and its salts;
934	934	Methcathinone (some trade or other names: 2-
935	935	methylamino-propiophenone; alpha-(methylamino)propriophenone;
936	936	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
937	937	methylaminopropriophenone; monomethylpropion; ephedrone, N-
938	938	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
939	939	1431);
940	940	N-Ethylamphetamine, its salts, optical isomers, and salts of
941	941	optical isomers; and
942	942	N,N-dimethylamphetamine (some trade or other names:
943	943	N,N,alpha-trimethylbenzeneethanamine;
944	944	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
945	945	and salts of optical isomers;
946	946	(4) any compound structurally derived from
947	947	2-aminopropanal by substitution at the 1-position with any
948	948	monocyclic or fused-polycyclic ring system, including:
949	949	(A) compounds further modified by:
950	950	(i) substitution in the ring system to any
951	951	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
952	952	halide substituents), whether or not further substituted in the
953	953	ring system by other substituents;
954	954	(ii) substitution at the 3-position with an
955	955	alkyl substituent; or
956	956	(iii) substitution at the 2-amino nitrogen
957	957	atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
958	958	inclusion of the 2-amino nitrogen atom in a cyclic structure; and
959	959	(B) by example, compounds such as:
960	960	4-Methylmethcathinone (Also known as
961	961	Mephedrone);
962	962	3,4-Dimethylmethcathinone (Also known as
963	963	3,4-DMMC);
964	964	3-Fluoromethcathinone (Also known as 3-FMC);
965	965	4-Fluoromethcathinone (Also known as
966	966	Flephedrone);
967	967	3,4-Methylenedioxy-N-methylcathinone (Also
968	968	known as Methylone);
969	969	3,4-Methylenedioxypyrovalerone (Also known
970	970	as MDPV);
971	971	alpha-Pyrrolidinopentiophenone (Also known
972	972	as alpha-PVP);
973	973	Naphthylpyrovalerone (Also known as
974	974	Naphyrone);
975	975	alpha-Methylamino-valerophenone (Also known
976	976	as Pentedrone);
977	977	beta-Keto-N-methylbenzodioxolylpropylamine
978	978	(Also known as Butylone);
979	979	beta-Keto-N-methylbenzodioxolylpentanamine
980	980	(Also known as Pentylone);
981	981	beta-Keto-Ethylbenzodioxolylbutanamine
982	982	(Also known as Eutylone); and
983	983	3,4-methylenedioxy-N-ethylcathinone (Also
984	984	known as Ethylone);
985	985	(5) any compound structurally derived from tryptamine
986	986	(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
987	987	(A) by modification in any of the following ways:
988	988	(i) by substitution at the amine nitrogen
989	989	atom of the sidechain to any extent with alkyl or alkenyl groups or
990	990	by inclusion of the amine nitrogen atom of the side chain (and no
991	991	other atoms of the side chain) in a cyclic structure;
992	992	(ii) by substitution at the carbon atom
993	993	adjacent to the nitrogen atom of the side chain (alpha-position)
994	994	with an alkyl or alkenyl group;
995	995	(iii) by substitution in the 6-membered
996	996	ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
997	997	alkylenedioxy, or halide substituents; or
998	998	(iv) by substitution at the 2-position of
999	999	the tryptamine ring system with an alkyl substituent; and
1000	1000	(B) including:
1001	1001	(i) ethers and esters of the controlled
1002	1002	substances listed in this subdivision; and
1003	1003	(ii) by example, compounds such as:
1004	1004	alpha-ethyltryptamine;
1005	1005	alpha-methyltryptamine;
1006	1006	Bufotenine (some trade and other names:
1007	1007	3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
1008	1008	3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
1009	1009	5-hydroxy-N, N- dimethyltryptamine; mappine);
1010	1010	Diethyltryptamine (some trade and other
1011	1011	names: N, N-Diethyltryptamine, DET);
1012	1012	Dimethyltryptamine (trade or other name:
1013	1013	DMT);
1014	1014	5-methoxy-N, N-diisopropyltryptamine
1015	1015	(5-MeO-DiPT);
1016	1016	O-Acetylpsilocin (Trade or other name:
1017	1017	4-Aco-DMT);
1018	1018	Psilocin; and
1019	1019	Psilocybin;
1020	1020	(6) 2,5-Dimethoxyphenethylamine and any compound
1021	1021	structurally derived from 2,5-Dimethoxyphenethylamine by
1022	1022	substitution at the 4-position of the phenyl ring to any extent
1023	1023	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
1024	1024	substituents), including, by example, compounds such as:
1025	1025	4-Bromo-2,5-dimethoxyphenethylamine (trade or other name:
1026	1026	2C-B);
1027	1027	4-Chloro-2,5-dimethoxyphenethylamine (trade or other name:
1028	1028	2C-C);
1029	1029	2,5-Dimethoxy-4-methylphenethylamine (trade or other name:
1030	1030	2C-D);
1031	1031	4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name:
1032	1032	2C-E);
1033	1033	4-Iodo-2,5-dimethoxyphenethylamine (trade or other name:
1034	1034	2C-I);
1035	1035	2,5-Dimethoxy-4-nitrophenethylamine (trade or other name:
1036	1036	2C-N);
1037	1037	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other
1038	1038	name: 2C-P);
1039	1039	4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other
1040	1040	name: 2C-T-2);
1041	1041	4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other
1042	1042	name: 2C-T-4); and
1043	1043	2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or
1044	1044	other name: 2C-T-7); and
1045	1045	(7) 2,5-Dimethoxyamphetamine and any compound
1046	1046	structurally derived from 2,5-Dimethoxyamphetamine by substitution
1047	1047	at the 4-position of the phenyl ring to any extent (including alkyl,
1048	1048	alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
1049	1049	including, by example, compounds such as:
1050	1050	4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name:
1051	1051	Aleph-2);
1052	1052	4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other
1053	1053	name: Aleph-4);
1054	1054	4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);
1055	1055	4-Chloro-2,5-dimethoxyamphetamine (trade or other name:
1056	1056	DOC);
1057	1057	2,5-Dimethoxy-4-ethylamphetamine (trade or other name:
1058	1058	DOET);
1059	1059	4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);
1060	1060	2,5-Dimethoxy-4-methylamphetamine (trade or other name:
1061	1061	DOM);
1062	1062	2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);
1063	1063	4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name:
1064	1064	DOIP); and
1065	1065	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name:
1066	1066	DOPR).
1067	1067	SECTION 31. Section 481.106, Health and Safety Code, is
1068	1068	amended to read as follows:
1069	1069	Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
1070	1070	ANALOGUE. For the purposes of the prosecution of an offense under
1071	1071	this subchapter involving the manufacture, delivery, or possession
1072	1072	of a controlled substance, Penalty Groups 1, 1-A, 1-B, and 2[, and
1073	1073	2-A] include a controlled substance analogue that:
1074	1074	(1) has a chemical structure substantially similar to
1075	1075	the chemical structure of a controlled substance listed in the
1076	1076	applicable penalty group; or
1077	1077	(2) is specifically designed to produce an effect
1078	1078	substantially similar to, or greater than, a controlled substance
1079	1079	listed in the applicable penalty group.
1080	1080	SECTION 32. The heading to Section 481.113, Health and
1081	1081	Safety Code, is amended to read as follows:
1082	1082	Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF
1083	1083	SUBSTANCE IN PENALTY GROUP 2 [OR 2-A].
1084	1084	SECTION 33. Section 481.113(a), Health and Safety Code, is
1085	1085	amended to read as follows:
1086	1086	(a) Except as authorized by this chapter, a person commits
1087	1087	an offense if the person knowingly manufactures, delivers, or
1088	1088	possesses with intent to deliver a controlled substance listed in
1089	1089	Penalty Group 2 [or 2-A].
1090	1090	SECTION 34. Section 481.115(h), Health and Safety Code, is
1091	1091	amended to read as follows:
1092	1092	(h) The defense to prosecution provided by Subsection (g) is
1093	1093	not available if:
1094	1094	(1) at the time the request for emergency medical
1095	1095	assistance was made:
1096	1096	(A) a peace officer was in the process of
1097	1097	arresting the actor or executing a search warrant describing the
1098	1098	actor or the place from which the request for medical assistance was
1099	1099	made; or
1100	1100	(B) the actor is committing another offense,
1101	1101	other than an offense punishable under Section 481.1151(b)(1),
1102	1102	481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
1103	1103	[or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
1104	1104	[481.125(a),] 483.041(a), or 485.031(a);
1105	1105	(2) the actor has been previously convicted of or
1106	1106	placed on deferred adjudication community supervision for an
1107	1107	offense under this chapter or Chapter 483 or 485;
1108	1108	(3) the actor was acquitted in a previous proceeding
1109	1109	in which the actor successfully established the defense under that
1110	1110	subsection or Section 481.1151(c), 481.116(f), [481.1161(c),]
1111	1111	481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
1112	1112	483.041(e), or 485.031(c); or
1113	1113	(4) at any time during the 18-month period preceding
1114	1114	the date of the commission of the instant offense, the actor
1115	1115	requested emergency medical assistance in response to the possible
1116	1116	overdose of the actor or another person.
1117	1117	SECTION 35. Section 481.1151(d), Health and Safety Code, is
1118	1118	amended to read as follows:
1119	1119	(d) The defense to prosecution provided by Subsection (c) is
1120	1120	not available if:
1121	1121	(1) at the time the request for emergency medical
1122	1122	assistance was made:
1123	1123	(A) a peace officer was in the process of
1124	1124	arresting the actor or executing a search warrant describing the
1125	1125	actor or the place from which the request for medical assistance was
1126	1126	made; or
1127	1127	(B) the actor is committing another offense,
1128	1128	other than an offense punishable under Section 481.115(b),
1129	1129	481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
1130	1130	[or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
1131	1131	[481.125(a),] 483.041(a), or 485.031(a);
1132	1132	(2) the actor has been previously convicted of or
1133	1133	placed on deferred adjudication community supervision for an
1134	1134	offense under this chapter or Chapter 483 or 485;
1135	1135	(3) the actor was acquitted in a previous proceeding
1136	1136	in which the actor successfully established the defense under that
1137	1137	subsection or Section 481.115(g), 481.116(f), [481.1161(c),]
1138	1138	481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
1139	1139	483.041(e), or 485.031(c); or
1140	1140	(4) at any time during the 18-month period preceding
1141	1141	the date of the commission of the instant offense, the actor
1142	1142	requested emergency medical assistance in response to the possible
1143	1143	overdose of the actor or another person.
1144	1144	SECTION 36. Section 481.116(g), Health and Safety Code, is
1145	1145	amended to read as follows:
1146	1146	(g) The defense to prosecution provided by Subsection (f) is
1147	1147	not available if:
1148	1148	(1) at the time the request for emergency medical
1149	1149	assistance was made:
1150	1150	(A) a peace officer was in the process of
1151	1151	arresting the actor or executing a search warrant describing the
1152	1152	actor or the place from which the request for medical assistance was
1153	1153	made; or
1154	1154	(B) the actor is committing another offense,
1155	1155	other than an offense punishable under Section 481.115(b),
1156	1156	481.1151(b)(1), [481.1161(b)(1) or (2),] 481.117(b), or
1157	1157	481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
1158	1158	481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
1159	1159	(2) the actor has been previously convicted of or
1160	1160	placed on deferred adjudication community supervision for an
1161	1161	offense under this chapter or Chapter 483 or 485;
1162	1162	(3) the actor was acquitted in a previous proceeding
1163	1163	in which the actor successfully established the defense under that
1164	1164	subsection or Section 481.115(g), 481.1151(c), [481.1161(c),]
1165	1165	481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
1166	1166	483.041(e), or 485.031(c); or
1167	1167	(4) at any time during the 18-month period preceding
1168	1168	the date of the commission of the instant offense, the actor
1169	1169	requested emergency medical assistance in response to the possible
1170	1170	overdose of the actor or another person.
1171	1171	SECTION 37. Section 481.117(g), Health and Safety Code, is
1172	1172	amended to read as follows:
1173	1173	(g) The defense to prosecution provided by Subsection (f) is
1174	1174	not available if:
1175	1175	(1) at the time the request for emergency medical
1176	1176	assistance was made:
1177	1177	(A) a peace officer was in the process of
1178	1178	arresting the actor or executing a search warrant describing the
1179	1179	actor or the place from which the request for medical assistance was
1180	1180	made; or
1181	1181	(B) the actor is committing another offense,
1182	1182	other than an offense punishable under Section 481.115(b),
1183	1183	481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
1184	1184	481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
1185	1185	481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
1186	1186	(2) the actor has been previously convicted of or
1187	1187	placed on deferred adjudication community supervision for an
1188	1188	offense under this chapter or Chapter 483 or 485;
1189	1189	(3) the actor was acquitted in a previous proceeding
1190	1190	in which the actor successfully established the defense under that
1191	1191	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1192	1192	[481.1161(c),] 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
1193	1193	483.041(e), or 485.031(c); or
1194	1194	(4) at any time during the 18-month period preceding
1195	1195	the date of the commission of the instant offense, the actor
1196	1196	requested emergency medical assistance in response to the possible
1197	1197	overdose of the actor or another person.
1198	1198	SECTION 38. Section 481.118(g), Health and Safety Code, is
1199	1199	amended to read as follows:
1200	1200	(g) The defense to prosecution provided by Subsection (f) is
1201	1201	not available if:
1202	1202	(1) at the time the request for emergency medical
1203	1203	assistance was made:
1204	1204	(A) a peace officer was in the process of
1205	1205	arresting the actor or executing a search warrant describing the
1206	1206	actor or the place from which the request for medical assistance was
1207	1207	made; or
1208	1208	(B) the actor is committing another offense,
1209	1209	other than an offense punishable under Section 481.115(b),
1210	1210	481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
1211	1211	481.117(b), [or 481.121(b)(1) or (2),] or an offense under Section
1212	1212	481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
1213	1213	(2) the actor has been previously convicted of or
1214	1214	placed on deferred adjudication community supervision for an
1215	1215	offense under this chapter or Chapter 483 or 485;
1216	1216	(3) the actor was acquitted in a previous proceeding
1217	1217	in which the actor successfully established the defense under that
1218	1218	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1219	1219	[481.1161(c),] 481.117(f), 481.119(c), [481.121(c), 481.125(g),]
1220	1220	483.041(e), or 485.031(c); or
1221	1221	(4) at any time during the 18-month period preceding
1222	1222	the date of the commission of the instant offense, the actor
1223	1223	requested emergency medical assistance in response to the possible
1224	1224	overdose of the actor or another person.
1225	1225	SECTION 39. Section 481.119(d), Health and Safety Code, is
1226	1226	amended to read as follows:
1227	1227	(d) The defense to prosecution provided by Subsection (c) is
1228	1228	not available if:
1229	1229	(1) at the time the request for emergency medical
1230	1230	assistance was made:
1231	1231	(A) a peace officer was in the process of
1232	1232	arresting the actor or executing a search warrant describing the
1233	1233	actor or the place from which the request for medical assistance was
1234	1234	made; or
1235	1235	(B) the actor is committing another offense,
1236	1236	other than an offense punishable under Section 481.115(b),
1237	1237	481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
1238	1238	or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
1239	1239	Section [481.125(a),] 483.041(a)[,] or 485.031(a);
1240	1240	(2) the actor has been previously convicted of or
1241	1241	placed on deferred adjudication community supervision for an
1242	1242	offense under this chapter or Chapter 483 or 485;
1243	1243	(3) the actor was acquitted in a previous proceeding
1244	1244	in which the actor successfully established the defense under that
1245	1245	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1246	1246	[481.1161(c),] 481.117(f), 481.118(f), [481.121(c), 481.125(g),]
1247	1247	483.041(e), or 485.031(c); or
1248	1248	(4) at any time during the 18-month period preceding
1249	1249	the date of the commission of the instant offense, the actor
1250	1250	requested emergency medical assistance in response to the possible
1251	1251	overdose of the actor or another person.
1252	1252	SECTION 40. The heading to Section 481.122, Health and
1253	1253	Safety Code, is amended to read as follows:
1254	1254	Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR
1255	1255	MARIHUANA] TO CHILD.
1256	1256	SECTION 41. Sections 481.122(a) and (b), Health and Safety
1257	1257	Code, are amended to read as follows:
1258	1258	(a) A person commits an offense if the person knowingly
1259	1259	delivers a controlled substance listed in Penalty Group 1, 1-A,
1260	1260	1-B, 2, or 3 [or knowingly delivers marihuana] and the person
1261	1261	delivers the controlled substance [or marihuana] to a person:
1262	1262	(1) who is a child;
1263	1263	(2) who is enrolled in a public or private primary or
1264	1264	secondary school; or
1265	1265	(3) who the actor knows or believes intends to deliver
1266	1266	the controlled substance [or marihuana] to a person described by
1267	1267	Subdivision (1) or (2).
1268	1268	(b) It is an affirmative defense to prosecution under this
1269	1269	section that[:
1270	1270	[(1)] the actor was a child when the offense was
1271	1271	committed[; or
1272	1272	[(2) the actor:
1273	1273	[(A) was younger than 21 years of age when the
1274	1274	offense was committed;
1275	1275	[(B) delivered only marihuana in an amount equal
1276	1276	to or less than one-fourth ounce; and
1277	1277	[(C) did not receive remuneration for the
1278	1278	delivery].
1279	1279	SECTION 42. Section 481.126, Health and Safety Code, is
1280	1280	amended to read as follows:
1281	1281	Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
1282	1282	INVESTMENT. (a) A person commits an offense if the person:
1283	1283	(1) barters property or expends funds the person knows
1284	1284	are derived from the commission of a first degree felony offense
1285	1285	under this chapter punishable by imprisonment in the Texas
1286	1286	Department of Criminal Justice for life; or
1287	1287	(2) [barters property or expends funds the person
1288	1288	knows are derived from the commission of an offense under Section
1289	1289	481.121(a) that is punishable under Section 481.121(b)(5);
1290	1290	[(3)] barters property or finances or invests funds
1291	1291	the person knows or believes are intended to further the commission
1292	1292	of an offense for which the punishment is described by Subdivision
1293	1293	(1)[; or
1294	1294	[(4) barters property or finances or invests funds the
1295	1295	person knows or believes are intended to further the commission of
1296	1296	an offense under Section 481.121(a) that is punishable under
1297	1297	Section 481.121(b)(5)].
1298	1298	(b) An offense under this section [Subsection (a)(1) or (3)]
1299	1299	is a felony of the first degree. [An offense under Subsection
1300	1300	(a)(2) or (4) is a felony of the second degree.]
1301	1301	SECTION 43. Section 481.133(c), Health and Safety Code, is
1302	1302	amended to read as follows:
1303	1303	(c) In this section, "drug test" means a lawfully
1304	1304	administered test designed to detect the presence of a controlled
1305	1305	substance [or marihuana].
1306	1306	SECTION 44. Sections 481.134(b), (c), (d), (e), and (f),
1307	1307	Health and Safety Code, are amended to read as follows:
1308	1308	(b) An offense otherwise punishable as a state jail felony
1309	1309	under Section 481.112, 481.1121, 481.1123, 481.113, or 481.114[, or
1310	1310	481.120] is punishable as a felony of the third degree, an offense
1311	1311	otherwise punishable as a felony of the third degree under any of
1312	1312	those sections is punishable as a felony of the second degree, and
1313	1313	an offense otherwise punishable as a felony of the second degree
1314	1314	under any of those sections is punishable as a felony of the first
1315	1315	degree, if it is shown at the punishment phase of the trial of the
1316	1316	offense that the offense was committed:
1317	1317	(1) in, on, or within 1,000 feet of premises owned,
1318	1318	rented, or leased by an institution of higher learning, the
1319	1319	premises of a public or private youth center, or a playground;
1320	1320	(2) in, on, or within 300 feet of the premises of a
1321	1321	public swimming pool or video arcade facility; or
1322	1322	(3) by any unauthorized person 18 years of age or
1323	1323	older, in, on, or within 1,000 feet of premises owned, rented, or
1324	1324	leased by a general residential operation operating as a
1325	1325	residential treatment center.
1326	1326	(c) The minimum term of confinement or imprisonment for an
1327	1327	offense otherwise punishable under Section 481.112(c), (d), (e), or
1328	1328	(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c), (d), (e), or
1329	1329	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
1330	1330	481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d),
1331	1331	or (e), [481.1161(b)(4), (5), or (6),] 481.117(c), (d), or (e), or
1332	1332	481.118(c), (d), or (e)[, 481.120(b)(4), (5), or (6), or
1333	1333	481.121(b)(4), (5), or (6)] is increased by five years and the
1334	1334	maximum fine for the offense is doubled if it is shown on the trial
1335	1335	of the offense that the offense was committed:
1336	1336	(1) in, on, or within 1,000 feet of the premises of a
1337	1337	school, the premises of a public or private youth center, or a
1338	1338	playground;
1339	1339	(2) on a school bus; or
1340	1340	(3) by any unauthorized person 18 years of age or
1341	1341	older, in, on, or within 1,000 feet of premises owned, rented, or
1342	1342	leased by a general residential operation operating as a
1343	1343	residential treatment center.
1344	1344	(d) An offense otherwise punishable under Section
1345	1345	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
1346	1346	481.1151(b)(1), or 481.116(b)[, 481.1161(b)(3), 481.120(b)(3), or
1347	1347	481.121(b)(3)] is a felony of the third degree if it is shown on the
1348	1348	trial of the offense that the offense was committed:
1349	1349	(1) in, on, or within 1,000 feet of any real property
1350	1350	that is owned, rented, or leased to a school or school board, the
1351	1351	premises of a public or private youth center, or a playground;
1352	1352	(2) on a school bus; or
1353	1353	(3) by any unauthorized person 18 years of age or
1354	1354	older, in, on, or within 1,000 feet of premises owned, rented, or
1355	1355	leased by a general residential operation operating as a
1356	1356	residential treatment center.
1357	1357	(e) An offense otherwise punishable under Section
1358	1358	481.117(b) or [,] 481.119(a)[, 481.120(b)(2), or 481.121(b)(2)] is
1359	1359	a state jail felony if it is shown on the trial of the offense that
1360	1360	the offense was committed:
1361	1361	(1) in, on, or within 1,000 feet of any real property
1362	1362	that is owned, rented, or leased to a school or school board, the
1363	1363	premises of a public or private youth center, or a playground;
1364	1364	(2) on a school bus; or
1365	1365	(3) by any unauthorized person 18 years of age or
1366	1366	older, in, on, or within 1,000 feet of premises owned, rented, or
1367	1367	leased by a general residential operation operating as a
1368	1368	residential treatment center.
1369	1369	(f) An offense otherwise punishable under Section
1370	1370	481.118(b) or [,] 481.119(b)[, 481.120(b)(1), or 481.121(b)(1)] is
1371	1371	a Class A misdemeanor if it is shown on the trial of the offense that
1372	1372	the offense was committed:
1373	1373	(1) in, on, or within 1,000 feet of any real property
1374	1374	that is owned, rented, or leased to a school or school board, the
1375	1375	premises of a public or private youth center, or a playground;
1376	1376	(2) on a school bus; or
1377	1377	(3) by any unauthorized person 18 years of age or
1378	1378	older, in, on, or within 1,000 feet of premises owned, rented, or
1379	1379	leased by a general residential operation operating as a
1380	1380	residential treatment center.
1381	1381	SECTION 45. Section 481.140(a), Health and Safety Code, is
1382	1382	amended to read as follows:
1383	1383	(a) If it is shown at the punishment phase of the trial of an
1384	1384	offense otherwise punishable as a state jail felony, felony of the
1385	1385	third degree, or felony of the second degree under Section 481.112,
1386	1386	481.1121, 481.1123, 481.113, 481.114, [481.120,] or 481.122 that
1387	1387	the defendant used or attempted to use a child younger than 18 years
1388	1388	of age to commit or assist in the commission of the offense, the
1389	1389	punishment is increased by one degree, unless the defendant used or
1390	1390	threatened to use force against the child or another to gain the
1391	1391	child's assistance, in which event the punishment for the offense
1392	1392	is a felony of the first degree.
1393	1393	SECTION 46. Section 481.151(1), Health and Safety Code, is
1394	1394	amended to read as follows:
1395	1395	(1) "Controlled substance property" means a
1396	1396	controlled substance, mixture containing a controlled substance,
1397	1397	controlled substance analogue, counterfeit controlled substance,
1398	1398	[drug paraphernalia,] chemical precursor, chemical laboratory
1399	1399	apparatus, or raw material.
1400	1400	SECTION 47. Section 483.041(f), Health and Safety Code, is
1401	1401	amended to read as follows:
1402	1402	(f) The defense to prosecution provided by Subsection (e) is
1403	1403	not available if:
1404	1404	(1) at the time the request for emergency medical
1405	1405	assistance was made:
1406	1406	(A) a peace officer was in the process of
1407	1407	arresting the actor or executing a search warrant describing the
1408	1408	actor or the place from which the request for medical assistance was
1409	1409	made; or
1410	1410	(B) the actor is committing another offense,
1411	1411	other than an offense punishable under Section 481.115(b),
1412	1412	481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
1413	1413	or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
1414	1414	Section 481.119(b)[, 481.125(a),] or 485.031(a);
1415	1415	(2) the actor has been previously convicted of or
1416	1416	placed on deferred adjudication community supervision for an
1417	1417	offense under this chapter or Chapter 481 or 485;
1418	1418	(3) the actor was acquitted in a previous proceeding
1419	1419	in which the actor successfully established the defense under that
1420	1420	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1421	1421	[481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
1422	1422	481.125(g),] or 485.031(c); or
1423	1423	(4) at any time during the 18-month period preceding
1424	1424	the date of the commission of the instant offense, the actor
1425	1425	requested emergency medical assistance in response to the possible
1426	1426	overdose of the actor or another person.
1427	1427	SECTION 48. Section 485.031(d), Health and Safety Code, is
1428	1428	amended to read as follows:
1429	1429	(d) The defense to prosecution provided by Subsection (c) is
1430	1430	not available if:
1431	1431	(1) at the time the request for emergency medical
1432	1432	assistance was made:
1433	1433	(A) a peace officer was in the process of
1434	1434	arresting the actor or executing a search warrant describing the
1435	1435	actor or the place from which the request for medical assistance was
1436	1436	made; or
1437	1437	(B) the actor is committing another offense,
1438	1438	other than an offense punishable under Section 481.115(b),
1439	1439	481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
1440	1440	or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
1441	1441	Section 481.119(b)[, 481.125(a),] or 483.041(a);
1442	1442	(2) the actor has been previously convicted of or
1443	1443	placed on deferred adjudication community supervision for an
1444	1444	offense under this chapter or Chapter 481 or 483;
1445	1445	(3) the actor was acquitted in a previous proceeding
1446	1446	in which the actor successfully established the defense under that
1447	1447	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
1448	1448	[481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
1449	1449	481.125(g),] or 483.041(e); or
1450	1450	(4) at any time during the 18-month period preceding
1451	1451	the date of the commission of the instant offense, the actor
1452	1452	requested emergency medical assistance in response to the possible
1453	1453	overdose of the actor or another person.
1454	1454	SECTION 49. Section 490.001(3), Health and Safety Code, is
1455	1455	amended to read as follows:
1456	1456	(3) "Investigational drug, biological product, or
1457	1457	device" means a drug, biological product, or device that has
1458	1458	successfully completed phase one of a clinical trial but the United
1459	1459	States Food and Drug Administration or its international equivalent
1460	1460	has not yet approved for general use and that remains under
1461	1461	investigation in the clinical trial. [The term does not include
1462	1462	low-THC cannabis, as defined by Section 169.001, Occupations Code,
1463	1463	or a product containing marihuana, as defined by Section 481.002,
1464	1464	regardless of whether the cannabis or product successfully
1465	1465	completed phase one of a clinical trial.]
1466	1466	SECTION 50. Section 31.0031(d), Human Resources Code, is
1467	1467	amended to read as follows:
1468	1468	(d) The responsibility agreement shall require that:
1469	1469	(1) the parent of a dependent child cooperate with the
1470	1470	commission and the Title IV-D agency if necessary to establish the
1471	1471	paternity of the dependent child and to establish or enforce child
1472	1472	support;
1473	1473	(2) if adequate and accessible providers of the
1474	1474	services are available in the geographic area and subject to the
1475	1475	availability of funds, each dependent child, as appropriate,
1476	1476	complete early and periodic screening, diagnosis, and treatment
1477	1477	checkups on schedule and receive the immunization series prescribed
1478	1478	by Section 161.004, Health and Safety Code, unless the child is
1479	1479	exempt under that section;
1480	1480	(3) each adult recipient, or teen parent recipient who
1481	1481	has completed the requirements regarding school attendance in
1482	1482	Subdivision (6), not voluntarily terminate paid employment of at
1483	1483	least 30 hours each week without good cause in accordance with rules
1484	1484	adopted by the executive commissioner;
1485	1485	(4) each adult recipient for whom a needs assessment
1486	1486	is conducted participate in an activity to enable that person to
1487	1487	become self-sufficient by:
1488	1488	(A) continuing the person's education or
1489	1489	becoming literate;
1490	1490	(B) entering a job placement or employment skills
1491	1491	training program;
1492	1492	(C) serving as a volunteer in the person's
1493	1493	community; or
1494	1494	(D) serving in a community work program or other
1495	1495	work program approved by the commission;
1496	1496	(5) each caretaker relative or parent receiving
1497	1497	assistance not use, sell, or possess [marihuana or] a controlled
1498	1498	substance in violation of Chapter 481, Health and Safety Code, or
1499	1499	abuse alcohol;
1500	1500	(6) each dependent child younger than 18 years of age
1501	1501	or teen parent younger than 19 years of age attend school regularly,
1502	1502	unless the child has a high school diploma or high school
1503	1503	equivalency certificate or is specifically exempted from school
1504	1504	attendance under Section 25.086, Education Code;
1505	1505	(7) each recipient comply with commission rules
1506	1506	regarding proof of school attendance; and
1507	1507	(8) each recipient attend appropriate parenting
1508	1508	skills training classes, as determined by the needs assessment.
1509	1509	SECTION 51. Section 1355.006, Insurance Code, is amended to
1510	1510	read as follows:
1511	1511	Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO
1512	1512	CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. (a) In this
1513	1513	section, "controlled substance" has [and "marihuana" have] the
1514	1514	meaning [meanings] assigned by Section 481.002, Health and Safety
1515	1515	Code.
1516	1516	(b) This subchapter does not require a group health benefit
1517	1517	plan to provide coverage for the treatment of:
1518	1518	(1) addiction to a controlled substance [or marihuana]
1519	1519	that is used in violation of law; or
1520	1520	(2) mental illness that results from the use of a
1521	1521	controlled substance [or marihuana] in violation of law.
1522	1522	SECTION 52. Section 551.004(a), Occupations Code, is
1523	1523	amended to read as follows:
1524	1524	(a) This subtitle does not apply to:
1525	1525	(1) a practitioner licensed by the appropriate state
1526	1526	board who supplies a patient of the practitioner with a drug in a
1527	1527	manner authorized by state or federal law and who does not operate a
1528	1528	pharmacy for the retailing of prescription drugs;
1529	1529	(2) a member of the faculty of a college of pharmacy
1530	1530	recognized by the board who is a pharmacist and who performs the
1531	1531	pharmacist's services only for the benefit of the college;
1532	1532	(3) a person who procures prescription drugs for
1533	1533	lawful research, teaching, or testing and not for resale; or
1534	1534	(4) a home and community support services agency that
1535	1535	possesses a dangerous drug as authorized by Section 142.0061,
1536	1536	142.0062, or 142.0063, Health and Safety Code[; or
1537	1537	[(5) a dispensing organization, as defined by Section
1538	1538	487.001, Health and Safety Code, that cultivates, processes, and
1539	1539	dispenses low-THC cannabis, as authorized by Chapter 487, Health
1540	1540	and Safety Code, to a patient listed in the compassionate-use
1541	1541	registry established under that chapter].
1542	1542	SECTION 53. Section 71.023(a), Penal Code, is amended to
1543	1543	read as follows:
1544	1544	(a) A person commits an offense if the person, as part of the
1545	1545	identifiable leadership of a criminal street gang or foreign
1546	1546	terrorist organization, knowingly finances, directs, or supervises
1547	1547	the commission of, or a conspiracy to commit, one or more of the
1548	1548	following offenses by members of a criminal street gang or foreign
1549	1549	terrorist organization:
1550	1550	(1) a felony offense that is listed in Article
1551	1551	42A.054(a), Code of Criminal Procedure;
1552	1552	(2) a felony offense for which it is shown that a
1553	1553	deadly weapon, as defined by Section 1.07, was used or exhibited
1554	1554	during the commission of the offense or during immediate flight
1555	1555	from the commission of the offense; or
1556	1556	(3) an offense that is punishable under Section
1557	1557	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), or
1558	1558	481.115(f), [or 481.120(b)(6),] Health and Safety Code.
1559	1559	SECTION 54. The changes in law made by this Act apply only
1560	1560	to an offense committed on or after the effective date of this Act.
1561	1561	An offense committed before the effective date of this Act is
1562	1562	governed by the law in effect on the date the offense was committed,
1563	1563	and the former law is continued in effect for that purpose. For
1564	1564	purposes of this section, an offense was committed before the
1565	1565	effective date of this Act if any element of the offense occurred
1566	1566	before that date.
1567	1567	SECTION 55. This Act takes effect September 1, 2025.