Texas 2025 - 89th Regular

Texas House Bill HB2126 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Bryant H.B. No. 2126
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the definition of drug paraphernalia and the criminal
7	9		offense of possession or delivery of drug paraphernalia.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 481.002(17), Health and Safety Code, is
10	12		amended to read as follows:
11	13		(17) "Drug paraphernalia" means equipment, a product,
12	14		or material that is used or intended for use in planting,
13	15		propagating, cultivating, growing, harvesting, manufacturing,
14	16		compounding, converting, producing, processing, preparing,
15	17		[testing, analyzing,] packaging, repackaging, storing, containing,
16	18		or concealing a controlled substance in violation of this chapter
17	19		or in injecting, ingesting, inhaling, or otherwise introducing into
18	20		the human body a controlled substance in violation of this chapter.
19	21		The term includes:
20	22		(A) a kit used or intended for use in planting,
21	23		propagating, cultivating, growing, or harvesting a species of plant
22	24		that is a controlled substance or from which a controlled substance
23	25		may be derived;
24	26		(B) a material, compound, mixture, preparation,
25	27		or kit used or intended for use in manufacturing, compounding,
26	28		converting, producing, processing, or preparing a controlled
27	29		substance;
28	30		(C) an isomerization device used or intended for
29	31		use in increasing the potency of a species of plant that is a
30	32		controlled substance;
31	33		(D) [testing equipment used or intended for use
32	34		in identifying or in analyzing the strength, effectiveness, or
33	35		purity of a controlled substance;
34	36		[(E)] a scale or balance used or intended for use
35	37		in weighing or measuring a controlled substance;
36	38		(E) [(F)] a dilutant or adulterant, such as
37	39		quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose,
38	40		lactose, or absorbent, blotter-type material, that is used or
39	41		intended to be used to increase the amount or weight of or to
40	42		transfer a controlled substance regardless of whether the dilutant
41	43		or adulterant diminishes the efficacy of the controlled substance;
42	44		(F) [(G)] a separation gin or sifter used or
43	45		intended for use in removing twigs and seeds from or in otherwise
44	46		cleaning or refining marihuana;
45	47		(G) [(H)] a blender, bowl, container, spoon, or
46	48		mixing device used or intended for use in compounding a controlled
47	49		substance;
48	50		(H) [(I)] a capsule, balloon, envelope, or other
49	51		container used or intended for use in packaging small quantities of
50	52		a controlled substance;
51	53		(I) [(J)] a container or other object used or
52	54		intended for use in storing or concealing a controlled substance;
53	55		and
54	56		(J) [(K)] a hypodermic syringe, needle, or other
55	57		object used or intended for use in parenterally injecting a
56	58		controlled substance into the human body; and
57	59		(K) [(L)] an object used or intended for use in
58	60		ingesting, inhaling, or otherwise introducing marihuana, cocaine,
59	61		hashish, or hashish oil into the human body, including:
60	62		(i) a metal, wooden, acrylic, glass, stone,
61	63		plastic, or ceramic pipe with or without a screen, permanent
62	64		screen, hashish head, or punctured metal bowl;
63	65		(ii) a water pipe;
64	66		(iii) a carburetion tube or device;
65	67		(iv) a smoking or carburetion mask;
66	68		(v) a chamber pipe;
67	69		(vi) a carburetor pipe;
68	70		(vii) an electric pipe;
69	71		(viii) an air-driven pipe;
70	72		(ix) a chillum;
71	73		(x) a bong; or
72	74		(xi) an ice pipe or chiller.
73	75		SECTION 2. Section 481.125, Health and Safety Code, is
74	76		amended by amending Subsections (a) and (b) to read as follows:
75	77		(a) A person commits an offense if the person knowingly or
76	78		intentionally uses or possesses with intent to use drug
77	79		paraphernalia to plant, propagate, cultivate, grow, harvest,
78	80		manufacture, compound, convert, produce, process, prepare, [test,
79	81		analyze,] pack, repack, store, contain, or conceal a controlled
80	82		substance in violation of this chapter or to inject, ingest,
81	83		inhale, or otherwise introduce into the human body a controlled
82	84		substance in violation of this chapter.
83	85		(b) A person commits an offense if the person knowingly or
84	86		intentionally delivers, possesses with intent to deliver, or
85	87		manufactures with intent to deliver drug paraphernalia knowing that
86	88		the person who receives or who is intended to receive the drug
87	89		paraphernalia intends that it be used to plant, propagate,
88	90		cultivate, grow, harvest, manufacture, compound, convert, produce,
89	91		process, prepare, [test, analyze,] pack, repack, store, contain, or
90	92		conceal a controlled substance in violation of this chapter or to
91	93		inject, ingest, inhale, or otherwise introduce into the human body
92	94		a controlled substance in violation of this chapter.
93	95		SECTION 3. The change in law made by this Act applies only
94	96		to an offense committed on or after the effective date of this Act.
95	97		An offense committed before the effective date of this Act is
96	98		governed by the law in effect at the time the offense was committed,
97	99		and the former law is continued in effect for that purpose. For
98	100		purposes of this section, an offense was committed before the
99	101		effective date of this Act if any element of the offense occurred
100	102		before that date.
101	103		SECTION 4. This Act takes effect September 1, 2025.