Texas 2025 - 89th Regular

Texas House Bill HB1790 Compare Versions

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

Old	New	Differences
1	1	89R1561 CJD-D
2	2	By: Bucy H.B. No. 1790
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to criminal penalties and defenses to prosecution for
10	10	certain drug possession and drug paraphernalia offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 481.115(h), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(h) The defense to prosecution provided by Subsection (g) is
15	15	not available if[:
16	16	[(1)] at the time the request for emergency medical
17	17	assistance was made:
18	18	(1) [(A)] a peace officer was in the process of
19	19	arresting the actor or executing a search warrant describing the
20	20	actor or the place from which the request for medical assistance was
21	21	made; or
22	22	(2) [(B)] the actor is committing another offense,
23	23	other than an offense punishable under Section 481.1151(b)(1),
24	24	481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
25	25	481.121(b)(1) or (2), or an offense under Section 481.119(b),
26	26	[481.125(a),] 483.041(a), or 485.031(a)[;
27	27	[(2) the actor has been previously convicted of or
28	28	placed on deferred adjudication community supervision for an
29	29	offense under this chapter or Chapter 483 or 485;
30	30	[(3) the actor was acquitted in a previous proceeding
31	31	in which the actor successfully established the defense under that
32	32	subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
33	33	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
34	34	483.041(e), or 485.031(c); or
35	35	[(4) at any time during the 18-month period preceding
36	36	the date of the commission of the instant offense, the actor
37	37	requested emergency medical assistance in response to the possible
38	38	overdose of the actor or another person].
39	39	SECTION 2. Section 481.1151(d), Health and Safety Code, is
40	40	amended to read as follows:
41	41	(d) The defense to prosecution provided by Subsection (c) is
42	42	not available if[:
43	43	[(1)] at the time the request for emergency medical
44	44	assistance was made:
45	45	(1) [(A)] a peace officer was in the process of
46	46	arresting the actor or executing a search warrant describing the
47	47	actor or the place from which the request for medical assistance was
48	48	made; or
49	49	(2) [(B)] the actor is committing another offense,
50	50	other than an offense punishable under Section 481.115(b),
51	51	481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
52	52	481.121(b)(1) or (2), or an offense under Section 481.119(b),
53	53	[481.125(a),] 483.041(a), or 485.031(a)[;
54	54	[(2) the actor has been previously convicted of or
55	55	placed on deferred adjudication community supervision for an
56	56	offense under this chapter or Chapter 483 or 485;
57	57	[(3) the actor was acquitted in a previous proceeding
58	58	in which the actor successfully established the defense under that
59	59	subsection or Section 481.115(g), 481.116(f), 481.1161(c),
60	60	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
61	61	483.041(e), or 485.031(c); or
62	62	[(4) at any time during the 18-month period preceding
63	63	the date of the commission of the instant offense, the actor
64	64	requested emergency medical assistance in response to the possible
65	65	overdose of the actor or another person].
66	66	SECTION 3. Section 481.116(g), Health and Safety Code, is
67	67	amended to read as follows:
68	68	(g) The defense to prosecution provided by Subsection (f) is
69	69	not available if[:
70	70	[(1)] at the time the request for emergency medical
71	71	assistance was made:
72	72	(1) [(A)] a peace officer was in the process of
73	73	arresting the actor or executing a search warrant describing the
74	74	actor or the place from which the request for medical assistance was
75	75	made; or
76	76	(2) [(B)] the actor is committing another offense,
77	77	other than an offense punishable under Section 481.115(b),
78	78	481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or
79	79	481.121(b)(1) or (2), or an offense under Section 481.119(b),
80	80	[481.125(a),] 483.041(a), or 485.031(a)[;
81	81	[(2) the actor has been previously convicted of or
82	82	placed on deferred adjudication community supervision for an
83	83	offense under this chapter or Chapter 483 or 485;
84	84	[(3) the actor was acquitted in a previous proceeding
85	85	in which the actor successfully established the defense under that
86	86	subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
87	87	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
88	88	483.041(e), or 485.031(c); or
89	89	[(4) at any time during the 18-month period preceding
90	90	the date of the commission of the instant offense, the actor
91	91	requested emergency medical assistance in response to the possible
92	92	overdose of the actor or another person].
93	93	SECTION 4. Section 481.1161(d), Health and Safety Code, is
94	94	amended to read as follows:
95	95	(d) The defense to prosecution provided by Subsection (c) is
96	96	not available if[:
97	97	[(1)] at the time the request for emergency medical
98	98	assistance was made:
99	99	(1) [(A)] a peace officer was in the process of
100	100	arresting the actor or executing a search warrant describing the
101	101	actor or the place from which the request for medical assistance was
102	102	made; or
103	103	(2) [(B)] the actor is committing another offense,
104	104	other than an offense punishable under Section 481.115(b),
105	105	481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
106	106	481.121(b)(1) or (2), or an offense under Section 481.119(b),
107	107	[481.125(a),] 483.041(a), or 485.031(a)[;
108	108	[(2) the actor has been previously convicted of or
109	109	placed on deferred adjudication community supervision for an
110	110	offense under this chapter or Chapter 483 or 485;
111	111	[(3) the actor was acquitted in a previous proceeding
112	112	in which the actor successfully established the defense under that
113	113	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
114	114	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
115	115	483.041(e), or 485.031(c); or
116	116	[(4) at any time during the 18-month period preceding
117	117	the date of the commission of the instant offense, the actor
118	118	requested emergency medical assistance in response to the possible
119	119	overdose of the actor or another person].
120	120	SECTION 5. Section 481.117(g), Health and Safety Code, is
121	121	amended to read as follows:
122	122	(g) The defense to prosecution provided by Subsection (f) is
123	123	not available if[:
124	124	[(1)] at the time the request for emergency medical
125	125	assistance was made:
126	126	(1) [(A)] a peace officer was in the process of
127	127	arresting the actor or executing a search warrant describing the
128	128	actor or the place from which the request for medical assistance was
129	129	made; or
130	130	(2) [(B)] the actor is committing another offense,
131	131	other than an offense punishable under Section 481.115(b),
132	132	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or
133	133	481.121(b)(1) or (2), or an offense under Section 481.119(b),
134	134	[481.125(a),] 483.041(a), or 485.031(a)[;
135	135	[(2) the actor has been previously convicted of or
136	136	placed on deferred adjudication community supervision for an
137	137	offense under this chapter or Chapter 483 or 485;
138	138	[(3) the actor was acquitted in a previous proceeding
139	139	in which the actor successfully established the defense under that
140	140	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
141	141	481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
142	142	483.041(e), or 485.031(c); or
143	143	[(4) at any time during the 18-month period preceding
144	144	the date of the commission of the instant offense, the actor
145	145	requested emergency medical assistance in response to the possible
146	146	overdose of the actor or another person].
147	147	SECTION 6. Section 481.118(g), Health and Safety Code, is
148	148	amended to read as follows:
149	149	(g) The defense to prosecution provided by Subsection (f) is
150	150	not available if[:
151	151	[(1)] at the time the request for emergency medical
152	152	assistance was made:
153	153	(1) [(A)] a peace officer was in the process of
154	154	arresting the actor or executing a search warrant describing the
155	155	actor or the place from which the request for medical assistance was
156	156	made; or
157	157	(2) [(B)] the actor is committing another offense,
158	158	other than an offense punishable under Section 481.115(b),
159	159	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
160	160	481.121(b)(1) or (2), or an offense under Section 481.119(b),
161	161	[481.125(a),] 483.041(a), or 485.031(a)[;
162	162	[(2) the actor has been previously convicted of or
163	163	placed on deferred adjudication community supervision for an
164	164	offense under this chapter or Chapter 483 or 485;
165	165	[(3) the actor was acquitted in a previous proceeding
166	166	in which the actor successfully established the defense under that
167	167	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
168	168	481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
169	169	483.041(e), or 485.031(c); or
170	170	[(4) at any time during the 18-month period preceding
171	171	the date of the commission of the instant offense, the actor
172	172	requested emergency medical assistance in response to the possible
173	173	overdose of the actor or another person].
174	174	SECTION 7. Section 481.119(d), Health and Safety Code, is
175	175	amended to read as follows:
176	176	(d) The defense to prosecution provided by Subsection (c) is
177	177	not available if[:
178	178	[(1)] at the time the request for emergency medical
179	179	assistance was made:
180	180	(1) [(A)] a peace officer was in the process of
181	181	arresting the actor or executing a search warrant describing the
182	182	actor or the place from which the request for medical assistance was
183	183	made; or
184	184	(2) [(B)] the actor is committing another offense,
185	185	other than an offense punishable under Section 481.115(b),
186	186	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
187	187	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
188	188	[481.125(a),] 483.041(a), or 485.031(a)[;
189	189	[(2) the actor has been previously convicted of or
190	190	placed on deferred adjudication community supervision for an
191	191	offense under this chapter or Chapter 483 or 485;
192	192	[(3) the actor was acquitted in a previous proceeding
193	193	in which the actor successfully established the defense under that
194	194	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
195	195	481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
196	196	483.041(e), or 485.031(c); or
197	197	[(4) at any time during the 18-month period preceding
198	198	the date of the commission of the instant offense, the actor
199	199	requested emergency medical assistance in response to the possible
200	200	overdose of the actor or another person].
201	201	SECTION 8. Sections 481.121(a), (b), and (d), Health and
202	202	Safety Code, are amended to read as follows:
203	203	(a) Except as authorized by this chapter, a person commits
204	204	an offense if the person knowingly or intentionally possesses a
205	205	usable quantity of marihuana greater than one ounce.
206	206	(b) An offense under Subsection (a) is:
207	207	(1) a Class B misdemeanor if the amount of marihuana
208	208	possessed is two ounces or less but more than one ounce;
209	209	(2) a Class A misdemeanor if the amount of marihuana
210	210	possessed is four ounces or less but more than two ounces;
211	211	(3) a state jail felony if the amount of marihuana
212	212	possessed is five pounds or less but more than four ounces;
213	213	(4) a felony of the third degree if the amount of
214	214	marihuana possessed is 50 pounds or less but more than 5 pounds;
215	215	(5) a felony of the second degree if the amount of
216	216	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
217	217	and
218	218	(6) a felony of the first degree punishable by
219	219	imprisonment in the Texas Department of Criminal Justice for life
220	220	or for a term of not more than 99 years or less than 5 years, and a
221	221	fine not to exceed $50,000, if the amount of marihuana possessed is
222	222	more than 2,000 pounds.
223	223	(d) The defense to prosecution provided by Subsection (c) is
224	224	not available if[:
225	225	[(1)] at the time the request for emergency medical
226	226	assistance was made:
227	227	(1) [(A)] a peace officer was in the process of
228	228	arresting the actor or executing a search warrant describing the
229	229	actor or the place from which the request for medical assistance was
230	230	made; or
231	231	(2) [(B)] the actor is committing another offense,
232	232	other than an offense punishable under Section 481.115(b),
233	233	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or
234	234	481.118(b), or an offense under Section 481.119(b), [481.125(a),]
235	235	483.041(a), or 485.031(a)[;
236	236	[(2) the actor has been previously convicted of or
237	237	placed on deferred adjudication community supervision for an
238	238	offense under this chapter or Chapter 483 or 485;
239	239	[(3) the actor was acquitted in a previous proceeding
240	240	in which the actor successfully established the defense under that
241	241	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
242	242	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
243	243	483.041(e), or 485.031(c); or
244	244	[(4) at any time during the 18-month period preceding
245	245	the date of the commission of the instant offense, the actor
246	246	requested emergency medical assistance in response to the possible
247	247	overdose of the actor or another person].
248	248	SECTION 9. The heading to Section 481.125, Health and
249	249	Safety Code, is amended to read as follows:
250	250	Sec. 481.125. OFFENSE: [POSSESSION OR] DELIVERY OF DRUG
251	251	PARAPHERNALIA.
252	252	SECTION 10. Section 483.041(f), Health and Safety Code, is
253	253	amended to read as follows:
254	254	(f) The defense to prosecution provided by Subsection (e) is
255	255	not available if[:
256	256	[(1)] at the time the request for emergency medical
257	257	assistance was made:
258	258	(1) [(A)] a peace officer was in the process of
259	259	arresting the actor or executing a search warrant describing the
260	260	actor or the place from which the request for medical assistance was
261	261	made; or
262	262	(2) [(B)] the actor is committing another offense,
263	263	other than an offense punishable under Section 481.115(b),
264	264	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
265	265	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
266	266	481.119(b), [481.125(a),] or 485.031(a)[;
267	267	[(2) the actor has been previously convicted of or
268	268	placed on deferred adjudication community supervision for an
269	269	offense under this chapter or Chapter 481 or 485;
270	270	[(3) the actor was acquitted in a previous proceeding
271	271	in which the actor successfully established the defense under that
272	272	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
273	273	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
274	274	481.125(g), or 485.031(c); or
275	275	[(4) at any time during the 18-month period preceding
276	276	the date of the commission of the instant offense, the actor
277	277	requested emergency medical assistance in response to the possible
278	278	overdose of the actor or another person].
279	279	SECTION 11. Section 485.031(d), Health and Safety Code, is
280	280	amended to read as follows:
281	281	(d) The defense to prosecution provided by Subsection (c) is
282	282	not available if[:
283	283	[(1)] at the time the request for emergency medical
284	284	assistance was made:
285	285	(1) [(A)] a peace officer was in the process of
286	286	arresting the actor or executing a search warrant describing the
287	287	actor or the place from which the request for medical assistance was
288	288	made; or
289	289	(2) [(B)] the actor is committing another offense,
290	290	other than an offense punishable under Section 481.115(b),
291	291	481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b),
292	292	481.118(b), or 481.121(b)(1) or (2), or an offense under Section
293	293	481.119(b), [481.125(a),] or 483.041(a)[;
294	294	[(2) the actor has been previously convicted of or
295	295	placed on deferred adjudication community supervision for an
296	296	offense under this chapter or Chapter 481 or 483;
297	297	[(3) the actor was acquitted in a previous proceeding
298	298	in which the actor successfully established the defense under that
299	299	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
300	300	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
301	301	481.125(g), or 483.041(e); or
302	302	[(4) at any time during the 18-month period preceding
303	303	the date of the commission of the instant offense, the actor
304	304	requested emergency medical assistance in response to the possible
305	305	overdose of the actor or another person].
306	306	SECTION 12. Sections 481.125(a), (d), (g), (h), and (i),
307	307	Health and Safety Code, are repealed.
308	308	SECTION 13. (a) Except as provided by Subsection (b), the
309	309	changes in law made by this Act apply only to an offense committed
310	310	on or after the effective date of this Act. An offense committed
311	311	before the effective date of this Act is governed by the law in
312	312	effect on the date the offense was committed, and the former law is
313	313	continued in effect for that purpose. For purposes of this section,
314	314	an offense was committed before the effective date of this Act if
315	315	any element of the offense occurred before that date.
316	316	(b) The change in law made by this Act to Section 481.125,
317	317	Health and Safety Code, applies to conduct that occurs before, on,
318	318	or after the effective date of this Act, except that a final
319	319	conviction for an offense that exists on the effective date of this
320	320	Act is unaffected by this Act.
321	321	SECTION 14. This Act takes effect September 1, 2025.