By: Bryant H.B. No. 2126
A BILL TO BE ENTITLED
AN ACT
relating to the definition of drug paraphernalia and the criminal
offense of possession or delivery of drug paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.002(17), Health and Safety Code, is
amended to read as follows:
(17) "Drug paraphernalia" means equipment, a product,
or material that is used or intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing,
[testing, analyzing,] packaging, repackaging, storing, containing,
or concealing a controlled substance in violation of this chapter
or in injecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance in violation of this chapter.
The term includes:
(A) a kit used or intended for use in planting,
propagating, cultivating, growing, or harvesting a species of plant
that is a controlled substance or from which a controlled substance
may be derived;
(B) a material, compound, mixture, preparation,
or kit used or intended for use in manufacturing, compounding,
converting, producing, processing, or preparing a controlled
substance;
(C) an isomerization device used or intended for
use in increasing the potency of a species of plant that is a
controlled substance;
(D) [testing equipment used or intended for use
in identifying or in analyzing the strength, effectiveness, or
purity of a controlled substance;
[(E)] a scale or balance used or intended for use
in weighing or measuring a controlled substance;
(E) [(F)] a dilutant or adulterant, such as
quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose,
lactose, or absorbent, blotter-type material, that is used or
intended to be used to increase the amount or weight of or to
transfer a controlled substance regardless of whether the dilutant
or adulterant diminishes the efficacy of the controlled substance;
(F) [(G)] a separation gin or sifter used or
intended for use in removing twigs and seeds from or in otherwise
cleaning or refining marihuana;
(G) [(H)] a blender, bowl, container, spoon, or
mixing device used or intended for use in compounding a controlled
substance;
(H) [(I)] a capsule, balloon, envelope, or other
container used or intended for use in packaging small quantities of
a controlled substance;
(I) [(J)] a container or other object used or
intended for use in storing or concealing a controlled substance;
and
(J) [(K)] a hypodermic syringe, needle, or other
object used or intended for use in parenterally injecting a
controlled substance into the human body; and
(K) [(L)] an object used or intended for use in
ingesting, inhaling, or otherwise introducing marihuana, cocaine,
hashish, or hashish oil into the human body, including:
(i) a metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipe with or without a screen, permanent
screen, hashish head, or punctured metal bowl;
(ii) a water pipe;
(iii) a carburetion tube or device;
(iv) a smoking or carburetion mask;
(v) a chamber pipe;
(vi) a carburetor pipe;
(vii) an electric pipe;
(viii) an air-driven pipe;
(ix) a chillum;
(x) a bong; or
(xi) an ice pipe or chiller.
SECTION 2. Section 481.125, Health and Safety Code, is
amended by amending Subsections (a) and (b) to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally uses or possesses with intent to use drug
paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, [test,
analyze,] pack, repack, store, contain, or conceal a controlled
substance in violation of this chapter or to inject, ingest,
inhale, or otherwise introduce into the human body a controlled
substance in violation of this chapter.
(b) A person commits an offense if the person knowingly or
intentionally delivers, possesses with intent to deliver, or
manufactures with intent to deliver drug paraphernalia knowing that
the person who receives or who is intended to receive the drug
paraphernalia intends that it be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, [test, analyze,] pack, repack, store, contain, or
conceal a controlled substance in violation of this chapter or to
inject, ingest, inhale, or otherwise introduce into the human body
a controlled substance in violation of this chapter.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2025.