89R2659 CJD-F
By: Parker S.B. No. 2307
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of operating a premises
for unlawful controlled substance consumption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 481, Health and Safety
Code, is amended by adding Section 481.142 to read as follows:
Sec. 481.142. OFFENSE: OPERATING PREMISES FOR UNLAWFUL
CONTROLLED SUBSTANCE CONSUMPTION. (a) In this section, "premises"
has the meaning assigned by Section 46.03, Penal Code.
(b) A person commits an offense if the person:
(1) owns, rents, leases, manages, or otherwise
controls any premises, permanently or temporarily; and
(2) knowingly:
(A) operates the premises for the purpose of
allowing persons on the premises to use a controlled substance in
violation of this chapter;
(B) rents, leases, or otherwise profits from a
premises described by Subdivision (1) that is operated or otherwise
made available for the purpose of allowing persons on the premises
to use a controlled substance in violation of this chapter; or
(C) regardless of whether compensation is
expected or received, makes the premises available to others for
the purpose of allowing persons on the premises to use a controlled
substance in violation of this chapter.
(c) An offense under this section is a felony of the second
degree.
(d) This section does not apply to conduct engaged in with
respect to a premises on which controlled substances are consumed
pursuant to a valid prescription, including a facility for
medication-assisted treatment for opioid or substance use
disorder.
(e) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. This Act takes effect September 1, 2025.