| 1 | 1 | | 89R1688 CJD-F |
|---|
| 2 | 2 | | By: Bumgarner H.B. No. 288 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to creating the criminal offense of operating a premises |
|---|
| 10 | 10 | | for unlawful controlled substance consumption. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter D, Chapter 481, Health and Safety |
|---|
| 13 | 13 | | Code, is amended by adding Section 481.142 to read as follows: |
|---|
| 14 | 14 | | Sec. 481.142. OFFENSE: OPERATING PREMISES FOR UNLAWFUL |
|---|
| 15 | 15 | | CONTROLLED SUBSTANCE CONSUMPTION. (a) In this section, "premises" |
|---|
| 16 | 16 | | has the meaning assigned by Section 46.03, Penal Code. |
|---|
| 17 | 17 | | (b) A person commits an offense if the person: |
|---|
| 18 | 18 | | (1) owns, rents, leases, manages, or otherwise |
|---|
| 19 | 19 | | controls any premises, permanently or temporarily; and |
|---|
| 20 | 20 | | (2) knowingly: |
|---|
| 21 | 21 | | (A) operates the premises for the purpose of |
|---|
| 22 | 22 | | allowing persons on the premises to use a controlled substance in |
|---|
| 23 | 23 | | violation of this chapter; |
|---|
| 24 | 24 | | (B) rents, leases, or otherwise profits from a |
|---|
| 25 | 25 | | premises described by Subdivision (1) that is operated or otherwise |
|---|
| 26 | 26 | | made available for the purpose of allowing persons on the premises |
|---|
| 27 | 27 | | to use a controlled substance in violation of this chapter; or |
|---|
| 28 | 28 | | (C) regardless of whether compensation is |
|---|
| 29 | 29 | | expected or received, makes the premises available to others for |
|---|
| 30 | 30 | | the purpose of allowing persons on the premises to use a controlled |
|---|
| 31 | 31 | | substance in violation of this chapter. |
|---|
| 32 | 32 | | (c) An offense under this section is a felony of the second |
|---|
| 33 | 33 | | degree. |
|---|
| 34 | 34 | | (d) If conduct that constitutes an offense under this |
|---|
| 35 | 35 | | section also constitutes an offense under any other law, the actor |
|---|
| 36 | 36 | | may be prosecuted under this section, the other law, or both. |
|---|
| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|