Texas 2025 - 89th Regular

Texas Senate Bill SB2028 Compare Versions

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Old	New	Differences
1	1	89R4068 CJD-D
2	2	By: Johnson S.B. No. 2028
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the criminal and licensing consequences of certain
10	10	offenses relating to the possession of marihuana, certain
11	11	tetrahydrocannabinols, certain synthetic cannabinoids, and drug
12	12	paraphernalia; imposing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 14.06, Code of Criminal Procedure, is
15	15	amended by adding Subsections (b-1) and (b-2) and amending
16	16	Subsection (d) to read as follows:
17	17	(b-1) A peace officer who is charging a person with
18	18	committing an offense under Section 481.1161(b)(1), 481.121(b)(1),
19	19	or 481.125(a), Health and Safety Code, may not arrest the person and
20	20	shall issue the person a citation as provided by Subsection (b).
21	21	(b-2) Subsection (b-1) does not apply to an officer making
22	22	an arrest for an offense other than an offense under Section
23	23	481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
24	24	Code.
25	25	(d) Subsection (c) applies only to a person charged with
26	26	committing an offense under:
27	27	(1) Section 481.121, Health and Safety Code, if the
28	28	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
29	29	that section;
30	30	(1-a) Section 481.1161, Health and Safety Code, if the
31	31	offense is punishable under Subsection (b)(1-a) [(b)(1)] or (2) of
32	32	that section;
33	33	(2) Section 28.03, Penal Code, if the offense is
34	34	punishable under Subsection (b)(2) of that section;
35	35	(3) Section 28.08, Penal Code, if the offense is
36	36	punishable under Subsection (b)(2) or (3) of that section;
37	37	(4) Section 31.03, Penal Code, if the offense is
38	38	punishable under Subsection (e)(2)(A) of that section;
39	39	(5) Section 31.04, Penal Code, if the offense is
40	40	punishable under Subsection (e)(2) of that section;
41	41	(5-a) Section 37.10, Penal Code, if the offense is for
42	42	tampering with a temporary tag issued under Chapter 502 or 503,
43	43	Transportation Code;
44	44	(6) Section 38.114, Penal Code, if the offense is
45	45	punishable as a Class B misdemeanor; or
46	46	(7) Section 521.457, Transportation Code.
47	47	SECTION 2. Article 45A.302, Code of Criminal Procedure, is
48	48	amended by adding Subsection (a-1) to read as follows:
49	49	(a-1) Unless the defendant has previously received a
50	50	deferral of disposition for an offense under Section
51	51	481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
52	52	Code, committed within the 12-month period preceding the date of
53	53	the commission of the instant offense, on plea of guilty or nolo
54	54	contendere for either offense, the judge shall defer further
55	55	proceedings without entering an adjudication of guilt and place the
56	56	defendant on deferred disposition under the provisions of this
57	57	article.
58	58	SECTION 3. Article 45A.305, Code of Criminal Procedure, is
59	59	amended by adding Subsection (a-1) to read as follows:
60	60	(a-1) A court that dismisses a complaint under Subsection
61	61	(a) for a person charged with an offense under Section
62	62	481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety
63	63	Code, shall notify the defendant in writing of the person's
64	64	expunction rights under Article 45A.501 and provide the person with
65	65	a copy of that article.
66	66	SECTION 4. Chapter 45A, Code of Criminal Procedure, is
67	67	amended by adding Subchapter K to read as follows:
68	68	SUBCHAPTER K. EXPUNCTIONS
69	69	Art. 45A.501. EXPUNCTION OF CERTAIN RECORDS. (a) This
70	70	article applies only to a person charged with an offense under
71	71	Section 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and
72	72	Safety Code.
73	73	(b) Records of a person relating to a complaint may be
74	74	expunged under this article if:
75	75	(1) the complaint was dismissed under Article 45A.305
76	76	or 45A.401 or other law and:
77	77	(A) at least 180 days have elapsed from the date
78	78	of the dismissal; or
79	79	(B) at least one year has elapsed from the date of
80	80	the citation; or
81	81	(2) the person was acquitted of the offense.
82	82	(c) The person must make a written request to have the
83	83	records expunged. The request must be under oath.
84	84	(d) The court shall order all complaints, verdicts,
85	85	sentences, and prosecutorial and law enforcement records and any
86	86	other documents relating to the offense expunged from the person's
87	87	record if the court finds that the person satisfies the
88	88	requirements of this article.
89	89	(e) The justice or municipal court shall require a person
90	90	who requests expungement under this article to pay a fee in the
91	91	amount of $30 to defray the cost of notifying state agencies of
92	92	orders of expungement under this article.
93	93	(f) The procedures for expunction provided under this
94	94	article are separate and distinct from the expunction procedures
95	95	under Chapter 55A.
96	96	SECTION 5. Section 411.0728(a), Government Code, is amended
97	97	to read as follows:
98	98	(a) This section applies only to a person:
99	99	(1) who is convicted of or placed on deferred
100	100	adjudication community supervision for an offense under:
101	101	(A) Section 481.1161, Health and Safety Code, if
102	102	the offense is punishable under Subsection (b)(1-a);
103	103	(B) Section 481.120, Health and Safety Code, if
104	104	the offense is punishable under Subsection (b)(1);
105	105	(C) [(B)] Section 481.121, Health and Safety
106	106	Code, if the offense is punishable under Subsection (b)(1-a)
107	107	[(b)(1)];
108	108	(D) [(C)] Section 31.03, Penal Code, if the
109	109	offense is punishable under Subsection (e)(1) or (2); or
110	110	(E) [(D)] Section 43.02, Penal Code; and
111	111	(2) who, if requested by the applicable law
112	112	enforcement agency or prosecuting attorney to provide assistance in
113	113	the investigation or prosecution of an offense under Section
114	114	20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
115	115	containing elements that are substantially similar to the elements
116	116	of an offense under any of those sections:
117	117	(A) provided assistance in the investigation or
118	118	prosecution of the offense; or
119	119	(B) did not provide assistance in the
120	120	investigation or prosecution of the offense due to the person's age
121	121	or a physical or mental disability resulting from being a victim of
122	122	an offense described by this subdivision.
123	123	SECTION 6. Sections 481.002(5) and (6), Health and Safety
124	124	Code, are amended to read as follows:
125	125	(5) "Controlled substance" means a substance,
126	126	including a drug, an adulterant, and a dilutant, listed in
127	127	Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 2-B, 3,
128	128	or 4. The term includes the aggregate weight of any mixture,
129	129	solution, or other substance containing a controlled substance.
130	130	The term does not include hemp, as defined by Section 121.001,
131	131	Agriculture Code, or the tetrahydrocannabinols in hemp.
132	132	(6) "Controlled substance analogue" means:
133	133	(A) a substance with a chemical structure
134	134	substantially similar to the chemical structure of a controlled
135	135	substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, [or]
136	136	2-A, or 2-B; or
137	137	(B) a substance specifically designed to produce
138	138	an effect substantially similar to, or greater than, the effect of a
139	139	controlled substance in Schedule I or II or Penalty Group 1, 1-A,
140	140	1-B, 2, [or] 2-A, or 2-B.
141	141	SECTION 7. Section 481.103(a), Health and Safety Code, is
142	142	amended to read as follows:
143	143	(a) Penalty Group 2 consists of:
144	144	(1) any quantity of the following hallucinogenic
145	145	substances, their salts, isomers, and salts of isomers, unless
146	146	specifically excepted, if the existence of these salts, isomers,
147	147	and salts of isomers is possible within the specific chemical
148	148	designation:
149	149	5-(2-aminopropyl)benzofuran (5-APB);
150	150	6-(2-aminopropyl)benzofuran (6-APB);
151	151	5-(2-aminopropyl)-2,3-dihydrobenzofuran
152	152	(5-APDB);
153	153	6-(2-aminopropyl)-2,3-dihydrobenzofuran
154	154	(6-APDB);
155	155	5-(2-aminopropyl)indole (5-IT,5-API);
156	156	6-(2-aminopropyl)indole (6-IT,6-API);
157	157	1-(benzofuran-5-yl)-N-methylpropan-2-amine
158	158	(5-MAPB);
159	159	1-(benzofuran-6-yl)-N-methylpropan-2-amine
160	160	(6-MAPB);
161	161	Benzothiophenylcyclohexylpiperidine (BTCP);
162	162	8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
163	163	4-ethanamine (trade or other name: Bromo-DragonFLY);
164	164	Desoxypipradrol (2-benzhydrylpiperidine);
165	165	2, 5-dimethoxyamphetamine (some trade or other
166	166	names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
167	167	Diphenylprolinol (diphenyl(pyrrolidin-2-yl)
168	168	methanol, D2PM);
169	169	Dronabinol (synthetic) in sesame oil and
170	170	encapsulated in a soft gelatin capsule in a U.S. Food and Drug
171	171	Administration approved drug product (some trade or other names for
172	172	Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
173	173	trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
174	174	(trans)- tetrahydrocannabinol);
175	175	Ethylamine Analog of Phencyclidine (some trade or
176	176	other names: N-ethyl-1-phenylcyclohexylamine, (1-
177	177	phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
178	178	cyclohexamine, PCE);
179	179	2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
180	180	(trade or other name: methoxetamine);
181	181	Ibogaine (some trade or other names: 7-Ethyl-6,
182	182	6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
183	183	pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
184	184	5-iodo-2-aminoindane (5-IAI);
185	185	Mescaline;
186	186	5-methoxy-3, 4-methylenedioxy amphetamine;
187	187	4-methoxyamphetamine (some trade or other
188	188	names: 4-methoxy-alpha-methylphenethylamine;
189	189	paramethoxyamphetamine; PMA);
190	190	4-methoxymethamphetamine (PMMA);
191	191	2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone
192	192	(some trade and other names: 2-MeO-ketamine; methoxyketamine);
193	193	1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
194	194	PPMP);
195	195	4-methyl-2, 5-dimethoxyamphetamine (some trade
196	196	and other names: 4-methyl-2, 5-dimethoxy-alpha-
197	197	methylphenethylamine; "DOM"; "STP");
198	198	3,4-methylenedioxy methamphetamine (MDMA, MDM);
199	199	3,4-methylenedioxy amphetamine;
200	200	3,4-methylenedioxy N-ethylamphetamine (Also
201	201	known as N-ethyl MDA);
202	202	5,6-methylenedioxy-2-aminoindane (MDAI);
203	203	Nabilone (Another name for nabilone: (+)-trans-
204	204	3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
205	205	6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
206	206	N-benzylpiperazine (some trade or other
207	207	names: BZP; 1-benzylpiperazine);
208	208	N-ethyl-3-piperidyl benzilate;
209	209	N-hydroxy-3,4-methylenedioxyamphetamine (Also
210	210	known as N-hydroxy MDA);
211	211	4-methylaminorex;
212	212	N-methyl-3-piperidyl benzilate;
213	213	Parahexyl (some trade or other names: 3-Hexyl-1-
214	214	hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d]
215	215	pyran; Synhexyl);
216	216	1-Phenylcyclohexylamine;
217	217	1-Piperidinocyclohexanecarbonitrile (PCC);
218	218	Pyrrolidine Analog of Phencyclidine (some trade
219	219	or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
220	220	[Tetrahydrocannabinols, other than marihuana, and
221	221	synthetic equivalents of the substances contained in the plant, or
222	222	in the resinous extractives of Cannabis, or synthetic substances,
223	223	derivatives, and their isomers with similar chemical structure and
224	224	pharmacological activity such as:
225	225	[delta-1 cis or trans tetrahydrocannabinol,
226	226	and their optical isomers;
227	227	[delta-6 cis or trans tetrahydrocannabinol,
228	228	and their optical isomers;
229	229	[delta-3, 4 cis or trans
230	230	tetrahydrocannabinol, and its optical isomers; or
231	231	[compounds of these structures, regardless
232	232	of numerical designation of atomic positions, since nomenclature of
233	233	these substances is not internationally standardized;]
234	234	Thiophene Analog of Phencyclidine (some trade or
235	235	other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl
236	236	Analog of Phencyclidine; TPCP, TCP);
237	237	1-pyrrolidine (some trade or other name: TCPy);
238	238	1-(3-trifluoromethylphenyl)piperazine (trade or
239	239	other name: TFMPP); and
240	240	3,4,5-trimethoxy amphetamine;
241	241	(2) Phenylacetone (some trade or other
242	242	names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
243	243	ketone);
244	244	(3) unless specifically excepted or unless listed in
245	245	another Penalty Group, a material, compound, mixture, or
246	246	preparation that contains any quantity of the following substances
247	247	having a potential for abuse associated with a depressant or
248	248	stimulant effect on the central nervous system:
249	249	Aminorex (some trade or other
250	250	names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
251	251	phenyl-2-oxazolamine);
252	252	Amphetamine, its salts, optical isomers, and
253	253	salts of optical isomers;
254	254	Cathinone (some trade or other names: 2-amino-1-
255	255	phenyl-1-propanone, alpha-aminopropiophenone, 2-
256	256	aminopropiophenone);
257	257	Etaqualone and its salts;
258	258	Etorphine Hydrochloride;
259	259	Fenethylline and its salts;
260	260	Lisdexamfetamine, including its salts, isomers,
261	261	and salts of isomers;
262	262	Mecloqualone and its salts;
263	263	Methaqualone and its salts;
264	264	Methcathinone (some trade or other names: 2-
265	265	methylamino-propiophenone; alpha-(methylamino)propriophenone;
266	266	2-(methylamino)-1-phenylpropan-1-one; alpha-N-
267	267	methylaminopropriophenone; monomethylpropion; ephedrone, N-
268	268	methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
269	269	1431);
270	270	N-Ethylamphetamine, its salts, optical isomers,
271	271	and salts of optical isomers; and
272	272	N,N-dimethylamphetamine (some trade or other
273	273	names: N,N,alpha-trimethylbenzeneethanamine;
274	274	N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
275	275	and salts of optical isomers;
276	276	(4) any compound structurally derived from
277	277	2-aminopropanal by substitution at the 1-position with any
278	278	monocyclic or fused-polycyclic ring system, including:
279	279	(A) compounds further modified by:
280	280	(i) substitution in the ring system to any
281	281	extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
282	282	halide substituents), whether or not further substituted in the
283	283	ring system by other substituents;
284	284	(ii) substitution at the 3-position with an
285	285	alkyl substituent; or
286	286	(iii) substitution at the 2-amino nitrogen
287	287	atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
288	288	inclusion of the 2-amino nitrogen atom in a cyclic structure; and
289	289	(B) by example, compounds such as:
290	290	4-Methylmethcathinone (Also known as
291	291	Mephedrone);
292	292	3,4-Dimethylmethcathinone (Also known as
293	293	3,4-DMMC);
294	294	3-Fluoromethcathinone (Also known as 3-FMC);
295	295	4-Fluoromethcathinone (Also known as
296	296	Flephedrone);
297	297	3,4-Methylenedioxy-N-methylcathinone (Also
298	298	known as Methylone);
299	299	3,4-Methylenedioxypyrovalerone (Also known
300	300	as MDPV);
301	301	alpha-Pyrrolidinopentiophenone (Also known
302	302	as alpha-PVP);
303	303	Naphthylpyrovalerone (Also known as
304	304	Naphyrone);
305	305	alpha-Methylamino-valerophenone (Also known
306	306	as Pentedrone);
307	307	beta-Keto-N-methylbenzodioxolylpropylamine
308	308	(Also known as Butylone);
309	309	beta-Keto-N-methylbenzodioxolylpentanamine
310	310	(Also known as Pentylone);
311	311	beta-Keto-Ethylbenzodioxolylbutanamine
312	312	(Also known as Eutylone); and
313	313	3,4-methylenedioxy-N-ethylcathinone (Also
314	314	known as Ethylone);
315	315	(5) any compound structurally derived from tryptamine
316	316	(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
317	317	(A) by modification in any of the following ways:
318	318	(i) by substitution at the amine nitrogen
319	319	atom of the sidechain to any extent with alkyl or alkenyl groups or
320	320	by inclusion of the amine nitrogen atom of the side chain (and no
321	321	other atoms of the side chain) in a cyclic structure;
322	322	(ii) by substitution at the carbon atom
323	323	adjacent to the nitrogen atom of the side chain (alpha-position)
324	324	with an alkyl or alkenyl group;
325	325	(iii) by substitution in the 6-membered
326	326	ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
327	327	alkylenedioxy, or halide substituents; or
328	328	(iv) by substitution at the 2-position of
329	329	the tryptamine ring system with an alkyl substituent; and
330	330	(B) including:
331	331	(i) ethers and esters of the controlled
332	332	substances listed in this subdivision; and
333	333	(ii) by example, compounds such as:
334	334	alpha-ethyltryptamine;
335	335	alpha-methyltryptamine;
336	336	Bufotenine (some trade and other names:
337	337	3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
338	338	3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
339	339	5-hydroxy-N, N- dimethyltryptamine; mappine);
340	340	Diethyltryptamine (some trade and
341	341	other names: N, N-Diethyltryptamine, DET);
342	342	Dimethyltryptamine (trade or other
343	343	name: DMT);
344	344	5-methoxy-N, N-diisopropyltryptamine
345	345	(5-MeO-DiPT);
346	346	O-Acetylpsilocin (Trade or other name:
347	347	4-Aco-DMT);
348	348	Psilocin; and
349	349	Psilocybin;
350	350	(6) 2,5-Dimethoxyphenethylamine and any compound
351	351	structurally derived from 2,5-Dimethoxyphenethylamine by
352	352	substitution at the 4-position of the phenyl ring to any extent
353	353	(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
354	354	substituents), including, by example, compounds such as:
355	355	4-Bromo-2,5-dimethoxyphenethylamine (trade or
356	356	other name: 2C-B);
357	357	4-Chloro-2,5-dimethoxyphenethylamine (trade or
358	358	other name: 2C-C);
359	359	2,5-Dimethoxy-4-methylphenethylamine (trade or
360	360	other name: 2C-D);
361	361	4-Ethyl-2,5-dimethoxyphenethylamine (trade or
362	362	other name: 2C-E);
363	363	4-Iodo-2,5-dimethoxyphenethylamine (trade or
364	364	other name: 2C-I);
365	365	2,5-Dimethoxy-4-nitrophenethylamine (trade or
366	366	other name: 2C-N);
367	367	2,5-Dimethoxy-4-(n)-propylphenethylamine (trade
368	368	or other name: 2C-P);
369	369	4-Ethylthio-2,5-dimethoxyphenethylamine (trade
370	370	or other name: 2C-T-2);
371	371	4-Isopropylthio-2,5-dimethoxyphenethylamine
372	372	(trade or other name: 2C-T-4); and
373	373	2,5-Dimethoxy-4-(n)-propylthiophenethylamine
374	374	(trade or other name: 2C-T-7); and
375	375	(7) 2,5-Dimethoxyamphetamine and any compound
376	376	structurally derived from 2,5-Dimethoxyamphetamine by substitution
377	377	at the 4-position of the phenyl ring to any extent (including alkyl,
378	378	alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
379	379	including, by example, compounds such as:
380	380	4-Ethylthio-2,5-dimethoxyamphetamine (trade or
381	381	other name: Aleph-2);
382	382	4-Isopropylthio-2,5-dimethoxyamphetamine (trade
383	383	or other name: Aleph-4);
384	384	4-Bromo-2,5-dimethoxyamphetamine (trade or other
385	385	name: DOB);
386	386	4-Chloro-2,5-dimethoxyamphetamine (trade or
387	387	other name: DOC);
388	388	2,5-Dimethoxy-4-ethylamphetamine (trade or other
389	389	name: DOET);
390	390	4-Iodo-2,5-dimethoxyamphetamine (trade or other
391	391	name: DOI);
392	392	2,5-Dimethoxy-4-methylamphetamine (trade or
393	393	other name: DOM);
394	394	2,5-Dimethoxy-4-nitroamphetamine (trade or other
395	395	name: DON);
396	396	4-Isopropyl-2,5-dimethoxyamphetamine (trade or
397	397	other name: DOIP); and
398	398	2,5-Dimethoxy-4-(n)-propylamphetamine (trade or
399	399	other name: DOPR).
400	400	SECTION 8. Subchapter D, Chapter 481, Health and Safety
401	401	Code, is amended by adding Section 481.1032 to read as follows:
402	402	Sec. 481.1032. PENALTY GROUP 2-B. (a) Penalty Group 2-B
403	403	consists of any quantity of the following substances, their salts,
404	404	isomers, and salts of isomers, unless specifically excepted, if the
405	405	existence of these salts, isomers, and salts of isomers is possible
406	406	within the specific chemical designation:
407	407	Tetrahydrocannabinols, other than marihuana, and
408	408	synthetic equivalents of the substances contained in the plant, or
409	409	in the resinous extractives of Cannabis, or synthetic substances,
410	410	derivatives, and their isomers with similar chemical structure and
411	411	pharmacological activity such as:
412	412	delta-1 cis or trans tetrahydrocannabinol, and
413	413	their optical isomers;
414	414	delta-6 cis or trans tetrahydrocannabinol, and
415	415	their optical isomers;
416	416	delta-3, 4 cis or trans tetrahydrocannabinol, and
417	417	their optical isomers; or
418	418	compounds of these structures, regardless of
419	419	numerical designation of atomic positions, since nomenclature of
420	420	these substances is not internationally standardized.
421	421	(b) For the purposes of this section, the term "isomer"
422	422	includes an optical, position, or geometric isomer.
423	423	SECTION 9. Section 481.106, Health and Safety Code, is
424	424	amended to read as follows:
425	425	Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE
426	426	ANALOGUE. For the purposes of the prosecution of an offense under
427	427	this subchapter involving the manufacture, delivery, or possession
428	428	of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, [and] 2-A,
429	429	and 2-B include a controlled substance analogue that:
430	430	(1) has a chemical structure substantially similar to
431	431	the chemical structure of a controlled substance listed in the
432	432	applicable penalty group; or
433	433	(2) is specifically designed to produce an effect
434	434	substantially similar to, or greater than, a controlled substance
435	435	listed in the applicable penalty group.
436	436	SECTION 10. The heading to Section 481.113, Health and
437	437	Safety Code, is amended to read as follows:
438	438	Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE
439	439	IN PENALTY GROUP 2, [OR] 2-A, OR 2-B.
440	440	SECTION 11. Section 481.113(a), Health and Safety Code, is
441	441	amended to read as follows:
442	442	(a) Except as authorized by this chapter, a person commits
443	443	an offense if the person knowingly manufactures, delivers, or
444	444	possesses with intent to deliver a controlled substance listed in
445	445	Penalty Group 2, [or] 2-A, or 2-B.
446	446	SECTION 12. Section 481.115(h), Health and Safety Code, is
447	447	amended to read as follows:
448	448	(h) The defense to prosecution provided by Subsection (g) is
449	449	not available if:
450	450	(1) at the time the request for emergency medical
451	451	assistance was made:
452	452	(A) a peace officer was in the process of
453	453	arresting the actor or executing a search warrant describing the
454	454	actor or the place from which the request for medical assistance was
455	455	made; or
456	456	(B) the actor is committing another offense,
457	457	other than an offense punishable under Section 481.1151(b)(1),
458	458	481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
459	459	or 481.121(b)(1), (1-a), or (2), or an offense under Section
460	460	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
461	461	(2) the actor has been previously convicted of or
462	462	placed on deferred adjudication community supervision for an
463	463	offense under this chapter or Chapter 483 or 485;
464	464	(3) the actor was acquitted in a previous proceeding
465	465	in which the actor successfully established the defense under that
466	466	subsection or Section 481.1151(c), 481.116(f), 481.1161(c),
467	467	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
468	468	483.041(e), or 485.031(c); or
469	469	(4) at any time during the 18-month period preceding
470	470	the date of the commission of the instant offense, the actor
471	471	requested emergency medical assistance in response to the possible
472	472	overdose of the actor or another person.
473	473	SECTION 13. Section 481.1151(d), Health and Safety Code, is
474	474	amended to read as follows:
475	475	(d) The defense to prosecution provided by Subsection (c) is
476	476	not available if:
477	477	(1) at the time the request for emergency medical
478	478	assistance was made:
479	479	(A) a peace officer was in the process of
480	480	arresting the actor or executing a search warrant describing the
481	481	actor or the place from which the request for medical assistance was
482	482	made; or
483	483	(B) the actor is committing another offense,
484	484	other than an offense punishable under Section 481.115(b),
485	485	481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b),
486	486	or 481.121(b)(1), (1-a), or (2), or an offense under Section
487	487	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
488	488	(2) the actor has been previously convicted of or
489	489	placed on deferred adjudication community supervision for an
490	490	offense under this chapter or Chapter 483 or 485;
491	491	(3) the actor was acquitted in a previous proceeding
492	492	in which the actor successfully established the defense under that
493	493	subsection or Section 481.115(g), 481.116(f), 481.1161(c),
494	494	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
495	495	483.041(e), or 485.031(c); or
496	496	(4) at any time during the 18-month period preceding
497	497	the date of the commission of the instant offense, the actor
498	498	requested emergency medical assistance in response to
499	499	the possible overdose of the actor or another person.
500	500	SECTION 14. Section 481.116(g), Health and Safety Code, is
501	501	amended to read as follows:
502	502	(g) The defense to prosecution provided by Subsection (f) is
503	503	not available if:
504	504	(1) at the time the request for emergency medical
505	505	assistance was made:
506	506	(A) a peace officer was in the process of
507	507	arresting the actor or executing a search warrant describing the
508	508	actor or the place from which the request for medical assistance was
509	509	made; or
510	510	(B) the actor is committing another offense,
511	511	other than an offense punishable under Section 481.115(b),
512	512	481.1151(b)(1), 481.1161(b)(1), (1-a), or (2), 481.117(b),
513	513	481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
514	514	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
515	515	(2) the actor has been previously convicted of or
516	516	placed on deferred adjudication community supervision for an
517	517	offense under this chapter or Chapter 483 or 485;
518	518	(3) the actor was acquitted in a previous proceeding
519	519	in which the actor successfully established the defense under that
520	520	subsection or Section 481.115(g), 481.1151(c), 481.1161(c),
521	521	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
522	522	483.041(e), or 485.031(c); or
523	523	(4) at any time during the 18-month period preceding
524	524	the date of the commission of the instant offense, the actor
525	525	requested emergency medical assistance in response to
526	526	the possible overdose of the actor or another person.
527	527	SECTION 15. The heading to Section 481.1161, Health and
528	528	Safety Code, is amended to read as follows:
529	529	Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
530	530	GROUP 2-A OR 2-B.
531	531	SECTION 16. Sections 481.1161(a), (b), (c), and (d), Health
532	532	and Safety Code, are amended to read as follows:
533	533	(a) Except as authorized by this chapter, a person commits
534	534	an offense if the person knowingly possesses a controlled substance
535	535	listed in Penalty Group 2-A or 2-B, unless the person obtained the
536	536	substance directly from or under a valid prescription or order of a
537	537	practitioner acting in the course of professional practice.
538	538	(b) An offense under this section is:
539	539	(1) a Class C misdemeanor if the amount of the
540	540	controlled substance possessed is, by aggregate weight, including
541	541	adulterants or dilutants, one ounce or less;
542	542	(1-a) a Class B misdemeanor if the amount of the
543	543	controlled substance possessed is, by aggregate weight, including
544	544	adulterants or dilutants, two ounces or less but more than one
545	545	ounce;
546	546	(2) a Class A misdemeanor if the amount of the
547	547	controlled substance possessed is, by aggregate weight, including
548	548	adulterants or dilutants, four ounces or less but more than two
549	549	ounces;
550	550	(3) a state jail felony if the amount of the controlled
551	551	substance possessed is, by aggregate weight, including adulterants
552	552	or dilutants, five pounds or less but more than four ounces;
553	553	(4) a felony of the third degree if the amount of the
554	554	controlled substance possessed is, by aggregate weight, including
555	555	adulterants or dilutants, 50 pounds or less but more than 5 pounds;
556	556	(5) a felony of the second degree if the amount of the
557	557	controlled substance possessed is, by aggregate weight, including
558	558	adulterants or dilutants, 2,000 pounds or less but more than 50
559	559	pounds; and
560	560	(6) a felony of the first degree punishable by
561	561	imprisonment in the Texas Department of Criminal Justice for life
562	562	or for a term of not more than 99 years or less than 5 years, and a
563	563	fine not to exceed $50,000, if the amount of the controlled
564	564	substance possessed is, by aggregate weight, including adulterants
565	565	or dilutants, more than 2,000 pounds.
566	566	(c) It is a defense to prosecution for an offense punishable
567	567	under Subsection (b)(1), (1-a), or (2) that the actor:
568	568	(1) was the first person to request emergency medical
569	569	assistance in response to the possible overdose of another person
570	570	and:
571	571	(A) made the request for medical assistance
572	572	during an ongoing medical emergency;
573	573	(B) remained on the scene until the medical
574	574	assistance arrived; and
575	575	(C) cooperated with medical assistance and law
576	576	enforcement personnel; or
577	577	(2) was the victim of a possible overdose for which
578	578	emergency medical assistance was requested, by the actor or by
579	579	another person, during an ongoing medical emergency.
580	580	(d) The defense to prosecution provided by Subsection (c) is
581	581	not available if:
582	582	(1) at the time the request for emergency medical
583	583	assistance was made:
584	584	(A) a peace officer was in the process of
585	585	arresting the actor or executing a search warrant describing the
586	586	actor or the place from which the request for medical assistance was
587	587	made; or
588	588	(B) the actor is committing another offense,
589	589	other than an offense punishable under Section 481.115(b),
590	590	481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or
591	591	481.121(b)(1), (1-a), or (2), or an offense under Section
592	592	481.119(b), 481.125(a), 483.041(a), or 485.031(a);
593	593	(2) the actor has been previously convicted of or
594	594	placed on deferred adjudication community supervision for an
595	595	offense under this chapter or Chapter 483 or 485;
596	596	(3) the actor was acquitted in a previous proceeding
597	597	in which the actor successfully established the defense under that
598	598	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
599	599	481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
600	600	483.041(e), or 485.031(c); or
601	601	(4) at any time during the 18-month period preceding
602	602	the date of the commission of the instant offense, the actor
603	603	requested emergency medical assistance in response to
604	604	the possible overdose of the actor or another person.
605	605	SECTION 17. Section 481.117(g), Health and Safety Code, is
606	606	amended to read as follows:
607	607	(g) The defense to prosecution provided by Subsection (f) is
608	608	not available if:
609	609	(1) at the time the request for emergency medical
610	610	assistance was made:
611	611	(A) a peace officer was in the process of
612	612	arresting the actor or executing a search warrant describing the
613	613	actor or the place from which the request for medical assistance was
614	614	made; or
615	615	(B) the actor is committing another offense,
616	616	other than an offense punishable under Section 481.115(b),
617	617	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
618	618	481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under
619	619	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
620	620	(2) the actor has been previously convicted of or
621	621	placed on deferred adjudication community supervision for an
622	622	offense under this chapter or Chapter 483 or 485;
623	623	(3) the actor was acquitted in a previous proceeding
624	624	in which the actor successfully established the defense under that
625	625	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
626	626	481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),
627	627	483.041(e), or 485.031(c); or
628	628	(4) at any time during the 18-month period preceding
629	629	the date of the commission of the instant offense, the actor
630	630	requested emergency medical assistance in response to
631	631	the possible overdose of the actor or another person.
632	632	SECTION 18. Section 481.118(g), Health and Safety Code, is
633	633	amended to read as follows:
634	634	(g) The defense to prosecution provided by Subsection (f) is
635	635	not available if:
636	636	(1) at the time the request for emergency medical
637	637	assistance was made:
638	638	(A) a peace officer was in the process of
639	639	arresting the actor or executing a search warrant describing the
640	640	actor or the place from which the request for medical assistance was
641	641	made; or
642	642	(B) the actor is committing another offense,
643	643	other than an offense punishable under Section 481.115(b),
644	644	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
645	645	481.117(b), or 481.121(b)(1), (1-a), or (2), or an offense under
646	646	Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a);
647	647	(2) the actor has been previously convicted of or
648	648	placed on deferred adjudication community supervision for an
649	649	offense under this chapter or Chapter 483 or 485;
650	650	(3) the actor was acquitted in a previous proceeding
651	651	in which the actor successfully established the defense under that
652	652	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
653	653	481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g),
654	654	483.041(e), or 485.031(c); or
655	655	(4) at any time during the 18-month period preceding
656	656	the date of the commission of the instant offense, the actor
657	657	requested emergency medical assistance in response to
658	658	the possible overdose of the actor or another person.
659	659	SECTION 19. Section 481.119(d), Health and Safety Code, is
660	660	amended to read as follows:
661	661	(d) The defense to prosecution provided by Subsection (c) is
662	662	not available if:
663	663	(1) at the time the request for emergency medical
664	664	assistance was made:
665	665	(A) a peace officer was in the process of
666	666	arresting the actor or executing a search warrant describing the
667	667	actor or the place from which the request for medical assistance was
668	668	made; or
669	669	(B) the actor is committing another offense,
670	670	other than an offense punishable under Section 481.115(b),
671	671	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
672	672	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
673	673	offense under Section 481.125(a), 483.041(a), or 485.031(a);
674	674	(2) the actor has been previously convicted of or
675	675	placed on deferred adjudication community supervision for an
676	676	offense under this chapter or Chapter 483 or 485;
677	677	(3) the actor was acquitted in a previous proceeding
678	678	in which the actor successfully established the defense under that
679	679	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
680	680	481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g),
681	681	483.041(e), or 485.031(c); or
682	682	(4) at any time during the 18-month period preceding
683	683	the date of the commission of the instant offense, the actor
684	684	requested emergency medical assistance in response to
685	685	the possible overdose of the actor or another person.
686	686	SECTION 20. Sections 481.121(b), (c), and (d), Health and
687	687	Safety Code, are amended to read as follows:
688	688	(b) An offense under Subsection (a) is:
689	689	(1) a Class C misdemeanor if the amount of marihuana
690	690	possessed is one ounce or less;
691	691	(1-a) a Class B misdemeanor if the amount of marihuana
692	692	possessed is two ounces or less but more than one ounce;
693	693	(2) a Class A misdemeanor if the amount of marihuana
694	694	possessed is four ounces or less but more than two ounces;
695	695	(3) a state jail felony if the amount of marihuana
696	696	possessed is five pounds or less but more than four ounces;
697	697	(4) a felony of the third degree if the amount of
698	698	marihuana possessed is 50 pounds or less but more than 5 pounds;
699	699	(5) a felony of the second degree if the amount of
700	700	marihuana possessed is 2,000 pounds or less but more than 50 pounds;
701	701	and
702	702	(6) a felony of the first degree punishable by
703	703	imprisonment in the Texas Department of Criminal Justice for life
704	704	or for a term of not more than 99 years or less than 5 years, and a
705	705	fine not to exceed $50,000, if the amount of marihuana possessed is
706	706	more than 2,000 pounds.
707	707	(c) It is a defense to prosecution for an offense punishable
708	708	under Subsection (b)(1), (1-a), or (2) that the actor:
709	709	(1) was the first person to request emergency medical
710	710	assistance in response to the possible overdose of another person
711	711	and:
712	712	(A) made the request for medical assistance
713	713	during an ongoing medical emergency;
714	714	(B) remained on the scene until the medical
715	715	assistance arrived; and
716	716	(C) cooperated with medical assistance and law
717	717	enforcement personnel; or
718	718	(2) was the victim of a possible overdose for which
719	719	emergency medical assistance was requested, by the actor or by
720	720	another person, during an ongoing medical emergency.
721	721	(d) The defense to prosecution provided by Subsection (c) is
722	722	not available if:
723	723	(1) at the time the request for emergency medical
724	724	assistance was made:
725	725	(A) a peace officer was in the process of
726	726	arresting the actor or executing a search warrant describing the
727	727	actor or the place from which the request for medical assistance was
728	728	made; or
729	729	(B) the actor is committing another offense,
730	730	other than an offense punishable under Section 481.115(b),
731	731	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
732	732	481.117(b), or 481.118(b), or an offense under Section 481.119(b),
733	733	481.125(a), 483.041(a), or 485.031(a);
734	734	(2) the actor has been previously convicted of or
735	735	placed on deferred adjudication community supervision for an
736	736	offense under this chapter or Chapter 483 or 485;
737	737	(3) the actor was acquitted in a previous proceeding
738	738	in which the actor successfully established the defense under that
739	739	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
740	740	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g),
741	741	483.041(e), or 485.031(c); or
742	742	(4) at any time during the 18-month period preceding
743	743	the date of the commission of the instant offense, the actor
744	744	requested emergency medical assistance in response to the possible
745	745	overdose of the actor or another person.
746	746	SECTION 21. Section 481.122(a), Health and Safety Code, is
747	747	amended to read as follows:
748	748	(a) A person commits an offense if the person knowingly
749	749	delivers a controlled substance listed in Penalty Group 1, 1-A,
750	750	1-B, 2, 2-A, 2-B, or 3 or knowingly delivers marihuana and the
751	751	person delivers the controlled substance or marihuana to a person:
752	752	(1) who is a child;
753	753	(2) who is enrolled in a public or private primary or
754	754	secondary school; or
755	755	(3) who the actor knows or believes intends to deliver
756	756	the controlled substance or marihuana to a person described by
757	757	Subdivision (1) or (2).
758	758	SECTION 22. Section 481.124(d), Health and Safety Code, is
759	759	amended to read as follows:
760	760	(d) An offense under this section is:
761	761	(1) a felony of the second degree if the controlled
762	762	substance is listed in Penalty Group 1, 1-A, or 1-B;
763	763	(2) a felony of the third degree if the controlled
764	764	substance is listed in Penalty Group 2, 2-A, or 2-B;
765	765	(3) a state jail felony if the controlled substance is
766	766	listed in Penalty Group 3 or 4; or
767	767	(4) a Class A misdemeanor if the controlled substance
768	768	is listed in a schedule by an action of the commissioner under this
769	769	chapter but not listed in a penalty group.
770	770	SECTION 23. Section 481.125(h), Health and Safety Code, is
771	771	amended to read as follows:
772	772	(h) The defense to prosecution provided by Subsection (g) is
773	773	not available if:
774	774	(1) at the time the request for emergency medical
775	775	assistance was made:
776	776	(A) a peace officer was in the process of
777	777	arresting the actor or executing a search warrant describing the
778	778	actor or the place from which the request for medical assistance was
779	779	made; or
780	780	(B) the actor is committing another offense,
781	781	other than an offense punishable under Section 481.115(b),
782	782	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
783	783	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
784	784	offense under Section 481.119(b), 483.041(a), or 485.031(a);
785	785	(2) the actor has been previously convicted of or
786	786	placed on deferred adjudication community supervision for an
787	787	offense under this chapter or Chapter 483 or 485;
788	788	(3) the actor was acquitted in a previous proceeding
789	789	in which the actor successfully established the defense under that
790	790	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
791	791	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
792	792	483.041(e), or 485.031(c); or
793	793	(4) at any time during the 18-month period preceding
794	794	the date of the commission of the instant offense, the actor
795	795	requested emergency medical assistance in response to the possible
796	796	overdose of the actor or another person.
797	797	SECTION 24. Section 481.134(f), Health and Safety Code, is
798	798	amended to read as follows:
799	799	(f) An offense otherwise punishable under Section
800	800	481.1161(b)(1-a), 481.118(b), 481.119(b), 481.120(b)(1), or
801	801	481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor if it is
802	802	shown on the trial of the offense that the offense was committed:
803	803	(1) in, on, or within 1,000 feet of any real property
804	804	that is owned, rented, or leased to a school or school board, the
805	805	premises of a public or private youth center, or a playground;
806	806	(2) on a school bus; or
807	807	(3) by any unauthorized person 18 years of age or
808	808	older, in, on, or within 1,000 feet of premises owned, rented, or
809	809	leased by a general residential operation operating as a
810	810	residential treatment center.
811	811	SECTION 25. Section 483.041(f), Health and Safety Code, is
812	812	amended to read as follows:
813	813	(f) The defense to prosecution provided by Subsection (e) is
814	814	not available if:
815	815	(1) at the time the request for emergency medical
816	816	assistance was made:
817	817	(A) a peace officer was in the process of
818	818	arresting the actor or executing a search warrant describing the
819	819	actor or the place from which the request for medical assistance was
820	820	made; or
821	821	(B) the actor is committing another offense,
822	822	other than an offense punishable under Section 481.115(b),
823	823	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
824	824	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
825	825	offense under Section 481.119(b), 481.125(a), or 485.031(a);
826	826	(2) the actor has been previously convicted of or
827	827	placed on deferred adjudication community supervision for an
828	828	offense under this chapter or Chapter 481 or 485;
829	829	(3) the actor was acquitted in a previous proceeding
830	830	in which the actor successfully established the defense under that
831	831	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
832	832	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
833	833	481.125(g), or 485.031(c); or
834	834	(4) at any time during the 18-month period preceding
835	835	the date of the commission of the instant offense, the actor
836	836	requested emergency medical assistance in response to the possible
837	837	overdose of the actor or another person.
838	838	SECTION 26. Section 485.031(d), Health and Safety Code, is
839	839	amended to read as follows:
840	840	(d) The defense to prosecution provided by Subsection (c) is
841	841	not available if:
842	842	(1) at the time the request for emergency medical
843	843	assistance was made:
844	844	(A) a peace officer was in the process of
845	845	arresting the actor or executing a search warrant describing the
846	846	actor or the place from which the request for medical assistance was
847	847	made; or
848	848	(B) the actor is committing another offense,
849	849	other than an offense punishable under Section 481.115(b),
850	850	481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2),
851	851	481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an
852	852	offense under Section 481.119(b), 481.125(a), or 483.041(a);
853	853	(2) the actor has been previously convicted of or
854	854	placed on deferred adjudication community supervision for an
855	855	offense under this chapter or Chapter 481 or 483;
856	856	(3) the actor was acquitted in a previous proceeding
857	857	in which the actor successfully established the defense under that
858	858	subsection or Section 481.115(g), 481.1151(c), 481.116(f),
859	859	481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c),
860	860	481.125(g), or 483.041(e); or
861	861	(4) at any time during the 18-month period preceding
862	862	the date of the commission of the instant offense, the actor
863	863	requested emergency medical assistance in response to the possible
864	864	overdose of the actor or another person.
865	865	SECTION 27. Sections 551.003(11) and (12), Occupations
866	866	Code, are amended to read as follows:
867	867	(11) "Controlled substance" means a substance,
868	868	including a drug:
869	869	(A) listed in Schedule I, II, III, IV, or V, as
870	870	established by the commissioner of public health under Chapter 481,
871	871	Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2, 2-A,
872	872	2-B, 3, or 4, Chapter 481; or
873	873	(B) included in Schedule I, II, III, IV, or V of
874	874	the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
875	875	U.S.C. Section 801 et seq.).
876	876	(12) "Dangerous drug" means a drug or device that:
877	877	(A) is not included in Penalty Group 1, 1-B, 2,
878	878	2-A, 2-B, 3, or 4, Chapter 481, Health and Safety Code, and is
879	879	unsafe for self-medication; or
880	880	(B) bears or is required to bear the legend:
881	881	(i) "Caution: federal law prohibits
882	882	dispensing without prescription" or "Rx only" or another legend
883	883	that complies with federal law; or
884	884	(ii) "Caution: federal law restricts this
885	885	drug to use by or on the order of a licensed veterinarian."
886	886	SECTION 28. Section 521.371(3), Transportation Code, is
887	887	amended to read as follows:
888	888	(3) "Drug offense" has the meaning assigned under 23
889	889	U.S.C. Section 159(c) and includes an offense under Section 49.04,
890	890	49.07, or 49.08, Penal Code, that is committed as a result of the
891	891	introduction into the body of any substance the possession of which
892	892	is prohibited under the Controlled Substances Act. The term does
893	893	not include an offense punishable by fine only under the laws of
894	894	this state.
895	895	SECTION 29. The changes in law made by this Act apply only
896	896	to an offense committed on or after the effective date of this Act.
897	897	An offense committed before the effective date of this Act is
898	898	governed by the law in effect on the date the offense was committed,
899	899	and the former law is continued in effect for that purpose. For
900	900	purposes of this section, an offense was committed before the
901	901	effective date of this Act if any element of the offense was
902	902	committed before that date.
903	903	SECTION 30. This Act takes effect September 1, 2025.