Texas 2025 - 89th Regular

Texas House Bill HB2567 Compare Versions

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11 89R6338 CJD-D
22 By: Goodwin H.B. No. 2567
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to equipment used or intended for use in testing or
1010 analyzing a controlled substance.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 481.002(17), Health and Safety Code, is
1313 amended to read as follows:
1414 (17) "Drug paraphernalia" means equipment, a product,
1515 or material that is used or intended for use in planting,
1616 propagating, cultivating, growing, harvesting, manufacturing,
1717 compounding, converting, producing, processing, preparing,
1818 [testing, analyzing,] packaging, repackaging, storing, containing,
1919 or concealing a controlled substance in violation of this chapter
2020 or in injecting, ingesting, inhaling, or otherwise introducing into
2121 the human body a controlled substance in violation of this chapter.
2222 The term includes:
2323 (A) a kit used or intended for use in planting,
2424 propagating, cultivating, growing, or harvesting a species of plant
2525 that is a controlled substance or from which a controlled substance
2626 may be derived;
2727 (B) a material, compound, mixture, preparation,
2828 or kit used or intended for use in manufacturing, compounding,
2929 converting, producing, processing, or preparing a controlled
3030 substance;
3131 (C) an isomerization device used or intended for
3232 use in increasing the potency of a species of plant that is a
3333 controlled substance;
3434 (D) [testing equipment used or intended for use
3535 in identifying or in analyzing the strength, effectiveness, or
3636 purity of a controlled substance;
3737 [(E)] a scale or balance used or intended for use
3838 in weighing or measuring a controlled substance;
3939 (E) [(F)] a dilutant or adulterant, such as
4040 quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose,
4141 lactose, or absorbent, blotter-type material, that is used or
4242 intended to be used to increase the amount or weight of or to
4343 transfer a controlled substance regardless of whether the dilutant
4444 or adulterant diminishes the efficacy of the controlled substance;
4545 (F) [(G)] a separation gin or sifter used or
4646 intended for use in removing twigs and seeds from or in otherwise
4747 cleaning or refining marihuana;
4848 (G) [(H)] a blender, bowl, container, spoon, or
4949 mixing device used or intended for use in compounding a controlled
5050 substance;
5151 (H) [(I)] a capsule, balloon, envelope, or other
5252 container used or intended for use in packaging small quantities of
5353 a controlled substance;
5454 (I) [(J)] a container or other object used or
5555 intended for use in storing or concealing a controlled substance;
5656 (J) [(K)] a hypodermic syringe, needle, or other
5757 object used or intended for use in parenterally injecting a
5858 controlled substance into the human body; and
5959 (K) [(L)] an object used or intended for use in
6060 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
6161 hashish, or hashish oil into the human body, including:
6262 (i) a metal, wooden, acrylic, glass, stone,
6363 plastic, or ceramic pipe with or without a screen, permanent
6464 screen, hashish head, or punctured metal bowl;
6565 (ii) a water pipe;
6666 (iii) a carburetion tube or device;
6767 (iv) a smoking or carburetion mask;
6868 (v) a chamber pipe;
6969 (vi) a carburetor pipe;
7070 (vii) an electric pipe;
7171 (viii) an air-driven pipe;
7272 (ix) a chillum;
7373 (x) a bong; or
7474 (xi) an ice pipe or chiller.
7575 SECTION 2. Sections 481.125(a) and (b), Health and Safety
7676 Code, are amended to read as follows:
7777 (a) A person commits an offense if the person knowingly or
7878 intentionally uses or possesses with intent to use drug
7979 paraphernalia to plant, propagate, cultivate, grow, harvest,
8080 manufacture, compound, convert, produce, process, prepare, [test,
8181 analyze,] pack, repack, store, contain, or conceal a controlled
8282 substance in violation of this chapter or to inject, ingest,
8383 inhale, or otherwise introduce into the human body a controlled
8484 substance in violation of this chapter.
8585 (b) A person commits an offense if the person knowingly or
8686 intentionally delivers, possesses with intent to deliver, or
8787 manufactures with intent to deliver drug paraphernalia knowing that
8888 the person who receives or who is intended to receive the drug
8989 paraphernalia intends that it be used to plant, propagate,
9090 cultivate, grow, harvest, manufacture, compound, convert, produce,
9191 process, prepare, [test, analyze,] pack, repack, store, contain, or
9292 conceal a controlled substance in violation of this chapter or to
9393 inject, ingest, inhale, or otherwise introduce into the human body
9494 a controlled substance in violation of this chapter.
9595 SECTION 3. The change in law made by this Act applies only
9696 to an offense committed on or after the effective date of this
9797 Act. An offense committed before the effective date of this Act is
9898 governed by the law in effect at the time the offense was committed,
9999 and the former law is continued in effect for that purpose. For
100100 purposes of this section, an offense was committed before the
101101 effective date of this Act if any element of the offense occurred
102102 before that date.
103103 SECTION 4. This Act takes effect September 1, 2025.