89R5124 CJD-D
By: Hancock S.B. No. 1234
A BILL TO BE ENTITLED
AN ACT
relating to committing the criminal offense of endangering a child,
elderly individual, or disabled individual by engaging in certain
conduct involving a controlled substance listed in Penalty Group
1-B of the Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.041(c-1), Penal Code, is amended to
read as follows:
(c-1) For purposes of Subsection (c), it is presumed that a
person engaged in conduct that places a child, elderly individual,
or disabled individual in imminent danger of death, bodily injury,
or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way
introduced into the body of any person the controlled substance
methamphetamine or a controlled substance listed in Penalty Group
1-B, Section 481.1022, Health and Safety Code, in the presence of
the child, elderly individual, or disabled individual;
(2) the person's conduct related to the proximity or
accessibility of the controlled substance methamphetamine or a
controlled substance listed in Penalty Group 1-B, Section 481.1022,
Health and Safety Code, to the child, elderly individual, or
disabled individual and an analysis of a specimen of the child's or
individual's blood, urine, or other bodily substance indicates the
presence of methamphetamine or a controlled substance listed in
Penalty Group 1-B in the body of the child or individual; or
(3) the person injected, ingested, inhaled, or
otherwise introduced a controlled substance listed in Penalty Group
1, Section 481.102, Health and Safety Code, or Penalty Group 1-B,
Section 481.1022, Health and Safety Code, into the human body when
the person was not in lawful possession of the substance as defined
by Section 481.002(24) of that code.
SECTION 2. 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 on the date 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 3. This Act takes effect September 1, 2025.