Texas 2025 - 89th Regular

Texas House Bill HB2183 Compare Versions

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Old	New	Differences
1	1	89R1783 LHC-D
2	2	By: Meza H.B. No. 2183
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to criminal penalties for possession offenses under the
10	10	Texas Controlled Substances Act.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. POSSESSION OFFENSE PENALTIES
13	13	SECTION 1.01. Section 481.115(c), Health and Safety Code,
14	14	is amended to read as follows:
15	15	(c) An offense under Subsection (a) is a felony of the third
16	16	degree with a maximum term of imprisonment of five years if the
17	17	amount of the controlled substance possessed is, by aggregate
18	18	weight, including adulterants or dilutants, one gram or more [but
19	19	less than four grams].
20	20	SECTION 1.02. Section 481.1151(b), Health and Safety Code,
21	21	is amended to read as follows:
22	22	(b) An offense under this section is:
23	23	(1) a state jail felony if the number of abuse units of
24	24	the controlled substance is fewer than 20; and
25	25	(2) a felony of the third degree with a maximum term of
26	26	imprisonment of five years if the number of abuse units of the
27	27	controlled substance is 20 or more [but fewer than 80;
28	28	[(3) a felony of the second degree if the number of
29	29	abuse units of the controlled substance is 80 or more but fewer than
30	30	4,000;
31	31	[(4) a felony of the first degree if the number of
32	32	abuse units of the controlled substance is 4,000 or more but fewer
33	33	than 8,000; and
34	34	[(5) a felony of the first degree punishable by
35	35	imprisonment in the Texas Department of Criminal Justice for life
36	36	or for a term of not more than 99 years or less than 15 years and a
37	37	fine not to exceed $250,000, if the number of abuse units of the
38	38	controlled substance is 8,000 or more].
39	39	SECTION 1.03. Section 481.116(c), Health and Safety Code,
40	40	is amended to read as follows:
41	41	(c) An offense under Subsection (a) is a felony of the third
42	42	degree with a maximum term of imprisonment of five years if the
43	43	amount of the controlled substance possessed is, by aggregate
44	44	weight, including adulterants or dilutants, one gram or more [but
45	45	less than four grams].
46	46	SECTION 1.04. Section 481.1161(b), Health and Safety Code,
47	47	is amended to read as follows:
48	48	(b) An offense under this section is:
49	49	(1) a Class B misdemeanor if the amount of the
50	50	controlled substance possessed is, by aggregate weight, including
51	51	adulterants or dilutants, two ounces or less;
52	52	(2) a Class A misdemeanor if the amount of the
53	53	controlled substance possessed is, by aggregate weight, including
54	54	adulterants or dilutants, four ounces or less but more than two
55	55	ounces;
56	56	(3) a state jail felony if the amount of the controlled
57	57	substance possessed is, by aggregate weight, including adulterants
58	58	or dilutants, five pounds or less but more than four ounces; and
59	59	(4) a felony of the third degree with a maximum term of
60	60	imprisonment of five years if the amount of the controlled
61	61	substance possessed is, by aggregate weight, including adulterants
62	62	or dilutants, [50 pounds or less but] more than 5 pounds[;
63	63	[(5) a felony of the second degree if the amount of the
64	64	controlled substance possessed is, by aggregate weight, including
65	65	adulterants or dilutants, 2,000 pounds or less but more than 50
66	66	pounds; and
67	67	[(6) a felony of the first degree punishable by
68	68	imprisonment in the Texas Department of Criminal Justice for life
69	69	or for a term of not more than 99 years or less than 5 years, and a
70	70	fine not to exceed $50,000, if the amount of the controlled
71	71	substance possessed is, by aggregate weight, including adulterants
72	72	or dilutants, more than 2,000 pounds].
73	73	SECTION 1.05. Section 481.117(c), Health and Safety Code,
74	74	is amended to read as follows:
75	75	(c) An offense under Subsection (a) is a felony of the third
76	76	degree with a maximum term of imprisonment of five years if the
77	77	amount of the controlled substance possessed is, by aggregate
78	78	weight, including adulterants or dilutants, 28 grams or more [but
79	79	less than 200 grams].
80	80	SECTION 1.06. Section 481.118(c), Health and Safety Code,
81	81	is amended to read as follows:
82	82	(c) An offense under Subsection (a) is a felony of the third
83	83	degree with a maximum term of imprisonment of five years if the
84	84	amount of the controlled substance possessed is, by aggregate
85	85	weight, including adulterants or dilutants, 28 grams or more [but
86	86	less than 200 grams].
87	87	SECTION 1.07. Section 481.121(b), Health and Safety Code,
88	88	is amended to read as follows:
89	89	(b) An offense under Subsection (a) is:
90	90	(1) a Class B misdemeanor if the amount of marihuana
91	91	possessed is two ounces or less;
92	92	(2) a Class A misdemeanor if the amount of marihuana
93	93	possessed is four ounces or less but more than two ounces;
94	94	(3) a state jail felony if the amount of marihuana
95	95	possessed is five pounds or less but more than four ounces; and
96	96	(4) a felony of the third degree with a maximum term of
97	97	imprisonment of five years if the amount of marihuana possessed is
98	98	[50 pounds or less but] more than 5 pounds[;
99	99	[(5) a felony of the second degree if the amount of
100	100	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
101	101	and
102	102	[(6) a felony of the first degree punishable by
103	103	imprisonment in the Texas Department of Criminal Justice for life
104	104	or for a term of not more than 99 years or less than 5 years, and a
105	105	fine not to exceed $50,000, if the amount of marihuana possessed is
106	106	more than 2,000 pounds].
107	107	SECTION 1.08. Sections 481.134(c), (d), (e), and (f),
108	108	Health and Safety Code, are amended to read as follows:
109	109	(c) The minimum term of confinement or imprisonment for an
110	110	offense otherwise punishable under Section 481.112(c), (d), (e), or
111	111	(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c), (d), (e), or
112	112	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), or
113	113	[481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c),
114	114	(d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e),
115	115	481.118(c), (d), or (e),] 481.120(b)(4), (5), or (6)[, or
116	116	481.121(b)(4), (5), or (6)] is increased by five years and the
117	117	maximum fine for the offense is doubled if it is shown on the trial
118	118	of the offense that the offense was committed:
119	119	(1) in, on, or within 1,000 feet of the premises of a
120	120	school, the premises of a public or private youth center, or a
121	121	playground;
122	122	(2) on a school bus; or
123	123	(3) by any unauthorized person 18 years of age or
124	124	older, in, on, or within 1,000 feet of premises owned, rented, or
125	125	leased by a general residential operation operating as a
126	126	residential treatment center.
127	127	(d) An offense otherwise punishable under Section
128	128	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or
129	129	[481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),]
130	130	481.120(b)(3) [, or 481.121(b)(3)] is a felony of the third degree
131	131	if it is shown on the trial of the offense that the offense was
132	132	committed:
133	133	(1) in, on, or within 1,000 feet of any real property
134	134	that is owned, rented, or leased to a school or school board, the
135	135	premises of a public or private youth center, or a playground;
136	136	(2) on a school bus; or
137	137	(3) by any unauthorized person 18 years of age or
138	138	older, in, on, or within 1,000 feet of premises owned, rented, or
139	139	leased by a general residential operation operating as a
140	140	residential treatment center.
141	141	(e) An offense otherwise punishable under Section
142	142	[481.117(b),] 481.119(a) or [,] 481.120(b)(2) [, or 481.121(b)(2)]
143	143	is a state jail felony if it is shown on the trial of the offense
144	144	that the offense was committed:
145	145	(1) in, on, or within 1,000 feet of any real property
146	146	that is owned, rented, or leased to a school or school board, the
147	147	premises of a public or private youth center, or a playground;
148	148	(2) on a school bus; or
149	149	(3) by any unauthorized person 18 years of age or
150	150	older, in, on, or within 1,000 feet of premises owned, rented, or
151	151	leased by a general residential operation operating as a
152	152	residential treatment center.
153	153	(f) An offense otherwise punishable under Section
154	154	[481.118(b), 481.119(b),] 481.120(b)(1) [, or 481.121(b)(1)] is a
155	155	Class A misdemeanor if it is shown on the trial of the offense that
156	156	the offense was committed:
157	157	(1) in, on, or within 1,000 feet of any real property
158	158	that is owned, rented, or leased to a school or school board, the
159	159	premises of a public or private youth center, or a playground;
160	160	(2) on a school bus; or
161	161	(3) by any unauthorized person 18 years of age or
162	162	older, in, on, or within 1,000 feet of premises owned, rented, or
163	163	leased by a general residential operation operating as a
164	164	residential treatment center.
165	165	SECTION 1.09. The following provisions of the Health and
166	166	Safety Code are repealed:
167	167	(1) Sections 481.115(d), (e), and (f);
168	168	(2) Sections 481.116(d) and (e);
169	169	(3) Sections 481.117(d) and (e); and
170	170	(4) Sections 481.118(d) and (e).
171	171	ARTICLE 2. PRIOR CONVICTIONS
172	172	SECTION 2.01. Subchapter D, Chapter 12, Penal Code, is
173	173	amended by adding Section 12.495 to read as follows:
174	174	Sec. 12.495. DRUG POSSESSION OFFENSES NOT SUBJECT TO
175	175	ENHANCEMENT. Notwithstanding any other provision of this
176	176	subchapter:
177	177	(1) a previous conviction for an offense under Section
178	178	481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118,
179	179	481.119(b), 481.121, or 481.125(a), Health and Safety Code, may not
180	180	be used for enhancement purposes under this subchapter; and
181	181	(2) a previous conviction for any offense may not be
182	182	used for enhancing an offense under Section 481.115, 481.1151,
183	183	481.116, 481.1161, 481.117, 481.118, 481.119(b), 481.121, or
184	184	481.125(a), Health and Safety Code, under any provision of this
185	185	subchapter.
186	186	ARTICLE 3. CONFORMING CHANGES
187	187	SECTION 3.01. Section 481.126, Health and Safety Code, is
188	188	amended to read as follows:
189	189	Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
190	190	INVESTMENT. (a) A person commits an offense if the person:
191	191	(1) barters property or expends funds the person knows
192	192	are derived from the commission of a first degree felony offense
193	193	under this chapter punishable by imprisonment in the Texas
194	194	Department of Criminal Justice for life; or
195	195	(2) [barters property or expends funds the person
196	196	knows are derived from the commission of an offense under Section
197	197	481.121(a) that is punishable under Section 481.121(b)(5);
198	198	[(3)] barters property or finances or invests funds
199	199	the person knows or believes are intended to further the commission
200	200	of an offense for which the punishment is described by Subdivision
201	201	(1)[; or
202	202	[(4) barters property or finances or invests funds the
203	203	person knows or believes are intended to further the commission of
204	204	an offense under Section 481.121(a) that is punishable under
205	205	Section 481.121(b)(5)].
206	206	(b) An offense under this section [Subsection (a)(1) or (3)]
207	207	is a felony of the first degree. [An offense under Subsection
208	208	(a)(2) or (4) is a felony of the second degree.]
209	209	SECTION 3.02. Section 71.023(a), Penal Code, is amended to
210	210	read as follows:
211	211	(a) A person commits an offense if the person, as part of the
212	212	identifiable leadership of a criminal street gang or foreign
213	213	terrorist organization, knowingly finances, directs, or supervises
214	214	the commission of, or a conspiracy to commit, one or more of the
215	215	following offenses by members of a criminal street gang or foreign
216	216	terrorist organization:
217	217	(1) a felony offense that is listed in Article
218	218	42A.054(a), Code of Criminal Procedure;
219	219	(2) a felony offense for which it is shown that a
220	220	deadly weapon, as defined by Section 1.07, was used or exhibited
221	221	during the commission of the offense or during immediate flight
222	222	from the commission of the offense; or
223	223	(3) an offense that is punishable under Section
224	224	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
225	225	[481.115(f),] or 481.120(b)(6), Health and Safety Code.
226	226	ARTICLE 4. TRANSITION; EFFECTIVE DATE
227	227	SECTION 4.01. The changes in law made by this Act apply to
228	228	an offense committed before, on, or after September 1, 2025, except
229	229	that a final conviction for an offense that exists on September 1,
230	230	2025, is unaffected by this Act.
231	231	SECTION 4.02. This Act takes effect September 1, 2025.