Bill Text: TX HB218 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Engrossed - Dead) 2023-05-11 - Referred to State Affairs [HB218 Detail]
Download: Texas-2023-HB218-Engrossed.html
| 88R12086 JSC-D | ||
| By: Moody, Dutton, Geren, Anchía, Cain, | H.B. No. 218 | |
| et al. | ||
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| relating to the criminal and licensing consequences of certain | ||
| offenses relating to the possession of marihuana, certain | ||
| tetrahydrocannabinols, certain synthetic cannabinoids, and drug | ||
| paraphernalia; imposing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 14.06, Code of Criminal Procedure, is | ||
| amended by adding Subsections (b-1) and (b-2) and amending | ||
| Subsection (d) to read as follows: | ||
| (b-1) A peace officer who is charging a person with | ||
| committing an offense under Section 481.1161(b)(1), 481.121(b)(1), | ||
| or 481.125(a), Health and Safety Code, may not arrest the person and | ||
| shall issue the person a citation as provided by Subsection (b). | ||
| (b-2) Subsection (b-1) does not apply to an officer making | ||
| an arrest for an offense other than an offense under Section | ||
| 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety | ||
| Code. | ||
| (d) Subsection (c) applies only to a person charged with | ||
| committing an offense under: | ||
| (1) Section 481.121, Health and Safety Code, if the | ||
| offense is punishable under Subsection (b)(1-a) [ |
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| that section; | ||
| (1-a) Section 481.1161, Health and Safety Code, if the | ||
| offense is punishable under Subsection (b)(1-a) [ |
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| that section; | ||
| (2) Section 28.03, Penal Code, if the offense is | ||
| punishable under Subsection (b)(2) of that section; | ||
| (3) Section 28.08, Penal Code, if the offense is | ||
| punishable under Subsection (b)(2) or (3) of that section; | ||
| (4) Section 31.03, Penal Code, if the offense is | ||
| punishable under Subsection (e)(2)(A) of that section; | ||
| (5) Section 31.04, Penal Code, if the offense is | ||
| punishable under Subsection (e)(2) of that section; | ||
| (6) Section 38.114, Penal Code, if the offense is | ||
| punishable as a Class B misdemeanor; or | ||
| (7) Section 521.457, Transportation Code. | ||
| SECTION 2. Subchapter B, Chapter 45, Code of Criminal | ||
| Procedure, is amended by adding Article 45.02161 to read as | ||
| follows: | ||
| Art. 45.02161. EXPUNCTION OF CERTAIN RECORDS. (a) This | ||
| article applies only to a person charged with an offense under | ||
| Section 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and | ||
| Safety Code. | ||
| (b) Records of a person relating to a complaint may be | ||
| expunged under this article if: | ||
| (1) the complaint was dismissed under Article 45.051 | ||
| or 45.052 or other law and: | ||
| (A) at least 180 days have elapsed from the date | ||
| of the dismissal; or | ||
| (B) at least one year has elapsed from the date of | ||
| the citation; or | ||
| (2) the person was acquitted of the offense. | ||
| (c) The person must make a written request to have the | ||
| records expunged. The request must be under oath. | ||
| (d) The court shall order all complaints, verdicts, | ||
| sentences, and prosecutorial and law enforcement records and any | ||
| other documents relating to the offense expunged from the person's | ||
| record if the court finds that the person satisfies the | ||
| requirements of this article. | ||
| (e) The justice or municipal court shall require a person | ||
| who requests expungement under this article to pay a fee in the | ||
| amount of $30 to defray the cost of notifying state agencies of | ||
| orders of expungement under this article. | ||
| (f) The procedures for expunction provided under this | ||
| article are separate and distinct from the expunction procedures | ||
| under Chapter 55. | ||
| SECTION 3. Article 45.051, Code of Criminal Procedure, is | ||
| amended by adding Subsections (a-2) and (e-1) to read as follows: | ||
| (a-2) Unless the defendant has previously received a | ||
| deferral of disposition for an offense under Section | ||
| 481.1161(b)(1), 481.121(b)(1), or 481.125(a), Health and Safety | ||
| Code, committed within the 12-month period preceding the date of | ||
| the commission of the instant offense, on plea of guilty or nolo | ||
| contendere for either offense, the judge shall defer further | ||
| proceedings without entering an adjudication of guilt and place the | ||
| defendant on probation under the provisions of this article. | ||
| (e-1) A court that dismisses a complaint under this article | ||
| for a person charged with an offense under Section 481.1161(b)(1), | ||
| 481.121(b)(1), or 481.125(a), Health and Safety Code, shall notify | ||
| the defendant in writing of the person's expunction rights under | ||
| Article 45.02161 and provide the person with a copy of that article. | ||
| The dismissed complaint is not a conviction and may not be used | ||
| against the person for any purpose. | ||
| SECTION 4. Section 411.0728(a), Government Code, is amended | ||
| to read as follows: | ||
| (a) This section applies only to a person: | ||
| (1) who is convicted of or placed on deferred | ||
| adjudication community supervision for an offense under: | ||
| (A) Section 481.1161, Health and Safety Code, if | ||
| the offense is punishable under Subsection (b)(1-a); | ||
| (B) Section 481.120, Health and Safety Code, if | ||
| the offense is punishable under Subsection (b)(1); | ||
| (C) [ |
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| Code, if the offense is punishable under Subsection (b)(1-a) | ||
| [ |
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| (D) [ |
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| offense is punishable under Subsection (e)(1) or (2); or | ||
| (E) [ |
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| (2) who, if requested by the applicable law | ||
| enforcement agency or prosecuting attorney to provide assistance in | ||
| the investigation or prosecution of an offense under Section | ||
| 20A.02, 20A.03, or 43.05, Penal Code, or a federal offense | ||
| containing elements that are substantially similar to the elements | ||
| of an offense under any of those sections: | ||
| (A) provided assistance in the investigation or | ||
| prosecution of the offense; or | ||
| (B) did not provide assistance in the | ||
| investigation or prosecution of the offense due to the person's age | ||
| or a physical or mental disability resulting from being a victim of | ||
| an offense described by this subdivision. | ||
| SECTION 5. Sections 481.002(5) and (6), Health and Safety | ||
| Code, are amended to read as follows: | ||
| (5) "Controlled substance" means a substance, | ||
| including a drug, an adulterant, and a dilutant, listed in | ||
| Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 2-B, 3, | ||
| or 4. The term includes the aggregate weight of any mixture, | ||
| solution, or other substance containing a controlled substance. | ||
| The term does not include hemp, as defined by Section 121.001, | ||
| Agriculture Code, or the tetrahydrocannabinols in hemp. | ||
| (6) "Controlled substance analogue" means: | ||
| (A) a substance with a chemical structure | ||
| substantially similar to the chemical structure of a controlled | ||
| substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2, [ |
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| 2-A, or 2-B; or | ||
| (B) a substance specifically designed to produce | ||
| an effect substantially similar to, or greater than, the effect of a | ||
| controlled substance in Schedule I or II or Penalty Group 1, 1-A, | ||
| 1-B, 2, [ |
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| SECTION 6. Section 481.103(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) Penalty Group 2 consists of: | ||
| (1) any quantity of the following hallucinogenic | ||
| substances, their salts, isomers, and salts of isomers, unless | ||
| specifically excepted, if the existence of these salts, isomers, | ||
| and salts of isomers is possible within the specific chemical | ||
| designation: | ||
| 5-(2-aminopropyl)benzofuran (5-APB); | ||
| 6-(2-aminopropyl)benzofuran (6-APB); | ||
| 5-(2-aminopropyl)-2,3-dihydrobenzofuran | ||
| (5-APDB); | ||
| 6-(2-aminopropyl)-2,3-dihydrobenzofuran | ||
| (6-APDB); | ||
| 5-(2-aminopropyl)indole (5-IT,5-API); | ||
| 6-(2-aminopropyl)indole (6-IT,6-API); | ||
| 1-(benzofuran-5-yl)-N-methylpropan-2-amine | ||
| (5-MAPB); | ||
| 1-(benzofuran-6-yl)-N-methylpropan-2-amine | ||
| (6-MAPB); | ||
| Benzothiophenylcyclohexylpiperidine (BTCP); | ||
| 8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran- | ||
| 4-ethanamine (trade or other name: Bromo-DragonFLY); | ||
| Desoxypipradrol (2-benzhydrylpiperidine); | ||
| 2, 5-dimethoxyamphetamine (some trade or other | ||
| names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); | ||
| Diphenylprolinol (diphenyl(pyrrolidin-2-yl) | ||
| methanol, D2PM); | ||
| Dronabinol (synthetic) in sesame oil and | ||
| encapsulated in a soft gelatin capsule in a U.S. Food and Drug | ||
| Administration approved drug product (some trade or other names for | ||
| Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- | ||
| trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- | ||
| (trans)- tetrahydrocannabinol); | ||
| Ethylamine Analog of Phencyclidine (some trade or | ||
| other names: N-ethyl-1-phenylcyclohexylamine, (1- | ||
| phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, | ||
| cyclohexamine, PCE); | ||
| 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone | ||
| (trade or other name: methoxetamine); | ||
| Ibogaine (some trade or other names: 7-Ethyl-6, | ||
| 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- | ||
| pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.); | ||
| 5-iodo-2-aminoindane (5-IAI); | ||
| Mescaline; | ||
| 5-methoxy-3, 4-methylenedioxy amphetamine; | ||
| 4-methoxyamphetamine (some trade or other | ||
| names: 4-methoxy-alpha-methylphenethylamine; | ||
| paramethoxyamphetamine; PMA); | ||
| 4-methoxymethamphetamine (PMMA); | ||
| 2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone | ||
| (some trade and other names: 2-MeO-ketamine; methoxyketamine); | ||
| 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, | ||
| PPMP); | ||
| 4-methyl-2, 5-dimethoxyamphetamine (some trade | ||
| and other names: 4-methyl-2, 5-dimethoxy-alpha- | ||
| methylphenethylamine; "DOM"; "STP"); | ||
| 3,4-methylenedioxy methamphetamine (MDMA, MDM); | ||
| 3,4-methylenedioxy amphetamine; | ||
| 3,4-methylenedioxy N-ethylamphetamine (Also | ||
| known as N-ethyl MDA); | ||
| 5,6-methylenedioxy-2-aminoindane (MDAI); | ||
| Nabilone (Another name for nabilone: (+)-trans- | ||
| 3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, | ||
| 6-dimethyl-9H-dibenzo[b,d] pyran-9-one; | ||
| N-benzylpiperazine (some trade or other | ||
| names: BZP; 1-benzylpiperazine); | ||
| N-ethyl-3-piperidyl benzilate; | ||
| N-hydroxy-3,4-methylenedioxyamphetamine (Also | ||
| known as N-hydroxy MDA); | ||
| 4-methylaminorex; | ||
| N-methyl-3-piperidyl benzilate; | ||
| Parahexyl (some trade or other names: 3-Hexyl-1- | ||
| hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] | ||
| pyran; Synhexyl); | ||
| 1-Phenylcyclohexylamine; | ||
| 1-Piperidinocyclohexanecarbonitrile (PCC); | ||
| Pyrrolidine Analog of Phencyclidine (some trade | ||
| or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP); | ||
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| Thiophene Analog of Phencyclidine (some trade or | ||
| other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl | ||
| Analog of Phencyclidine; TPCP, TCP); | ||
| 1-pyrrolidine (some trade or other name: TCPy); | ||
| 1-(3-trifluoromethylphenyl)piperazine (trade or | ||
| other name: TFMPP); and | ||
| 3,4,5-trimethoxy amphetamine; | ||
| (2) Phenylacetone (some trade or other | ||
| names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl | ||
| ketone); | ||
| (3) unless specifically excepted or unless listed in | ||
| another Penalty Group, a material, compound, mixture, or | ||
| preparation that contains any quantity of the following substances | ||
| having a potential for abuse associated with a depressant or | ||
| stimulant effect on the central nervous system: | ||
| Aminorex (some trade or other | ||
| names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- | ||
| phenyl-2-oxazolamine); | ||
| Amphetamine, its salts, optical isomers, and | ||
| salts of optical isomers; | ||
| Cathinone (some trade or other names: 2-amino-1- | ||
| phenyl-1-propanone, alpha-aminopropiophenone, 2- | ||
| aminopropiophenone); | ||
| Etaqualone and its salts; | ||
| Etorphine Hydrochloride; | ||
| Fenethylline and its salts; | ||
| Lisdexamfetamine, including its salts, isomers, | ||
| and salts of isomers; | ||
| Mecloqualone and its salts; | ||
| Methaqualone and its salts; | ||
| Methcathinone (some trade or other names: 2- | ||
| methylamino-propiophenone; alpha-(methylamino)propriophenone; | ||
| 2-(methylamino)-1-phenylpropan-1-one; alpha-N- | ||
| methylaminopropriophenone; monomethylpropion; ephedrone, N- | ||
| methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR | ||
| 1431); | ||
| N-Ethylamphetamine, its salts, optical isomers, | ||
| and salts of optical isomers; and | ||
| N,N-dimethylamphetamine (some trade or other | ||
| names: N,N,alpha-trimethylbenzeneethanamine; | ||
| N,N,alpha-trimethylphenethylamine), its salts, optical isomers, | ||
| and salts of optical isomers; | ||
| (4) any compound structurally derived from | ||
| 2-aminopropanal by substitution at the 1-position with any | ||
| monocyclic or fused-polycyclic ring system, including: | ||
| (A) compounds further modified by: | ||
| (i) substitution in the ring system to any | ||
| extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or | ||
| halide substituents), whether or not further substituted in the | ||
| ring system by other substituents; | ||
| (ii) substitution at the 3-position with an | ||
| alkyl substituent; or | ||
| (iii) substitution at the 2-amino nitrogen | ||
| atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or | ||
| inclusion of the 2-amino nitrogen atom in a cyclic structure; and | ||
| (B) by example, compounds such as: | ||
| 4-Methylmethcathinone (Also known as | ||
| Mephedrone); | ||
| 3,4-Dimethylmethcathinone (Also known as | ||
| 3,4-DMMC); | ||
| 3-Fluoromethcathinone (Also known as 3-FMC); | ||
| 4-Fluoromethcathinone (Also known as | ||
| Flephedrone); | ||
| 3,4-Methylenedioxy-N-methylcathinone (Also | ||
| known as Methylone); | ||
| 3,4-Methylenedioxypyrovalerone (Also known | ||
| as MDPV); | ||
| alpha-Pyrrolidinopentiophenone (Also known | ||
| as alpha-PVP); | ||
| Naphthylpyrovalerone (Also known as | ||
| Naphyrone); | ||
| alpha-Methylamino-valerophenone (Also known | ||
| as Pentedrone); | ||
| beta-Keto-N-methylbenzodioxolylpropylamine | ||
| (Also known as Butylone); | ||
| beta-Keto-N-methylbenzodioxolylpentanamine | ||
| (Also known as Pentylone); | ||
| beta-Keto-Ethylbenzodioxolylbutanamine | ||
| (Also known as Eutylone); and | ||
| 3,4-methylenedioxy-N-ethylcathinone (Also | ||
| known as Ethylone); | ||
| (5) any compound structurally derived from tryptamine | ||
| (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine: | ||
| (A) by modification in any of the following ways: | ||
| (i) by substitution at the amine nitrogen | ||
| atom of the sidechain to any extent with alkyl or alkenyl groups or | ||
| by inclusion of the amine nitrogen atom of the side chain (and no | ||
| other atoms of the side chain) in a cyclic structure; | ||
| (ii) by substitution at the carbon atom | ||
| adjacent to the nitrogen atom of the side chain (alpha-position) | ||
| with an alkyl or alkenyl group; | ||
| (iii) by substitution in the 6-membered | ||
| ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl, | ||
| alkylenedioxy, or halide substituents; or | ||
| (iv) by substitution at the 2-position of | ||
| the tryptamine ring system with an alkyl substituent; and | ||
| (B) including: | ||
| (i) ethers and esters of the controlled | ||
| substances listed in this subdivision; and | ||
| (ii) by example, compounds such as: | ||
| alpha-ethyltryptamine; | ||
| alpha-methyltryptamine; | ||
| Bufotenine (some trade and other names: | ||
| 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; | ||
| 3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; | ||
| 5-hydroxy-N, N- dimethyltryptamine; mappine); | ||
| Diethyltryptamine (some trade and | ||
| other names: N, N-Diethyltryptamine, DET); | ||
| Dimethyltryptamine (trade or other | ||
| name: DMT); | ||
| 5-methoxy-N, N-diisopropyltryptamine | ||
| (5-MeO-DiPT); | ||
| O-Acetylpsilocin (Trade or other name: | ||
| 4-Aco-DMT); | ||
| Psilocin; and | ||
| Psilocybin; | ||
| (6) 2,5-Dimethoxyphenethylamine and any compound | ||
| structurally derived from 2,5-Dimethoxyphenethylamine by | ||
| substitution at the 4-position of the phenyl ring to any extent | ||
| (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide | ||
| substituents), including, by example, compounds such as: | ||
| 4-Bromo-2,5-dimethoxyphenethylamine (trade or | ||
| other name: 2C-B); | ||
| 4-Chloro-2,5-dimethoxyphenethylamine (trade or | ||
| other name: 2C-C); | ||
| 2,5-Dimethoxy-4-methylphenethylamine (trade or | ||
| other name: 2C-D); | ||
| 4-Ethyl-2,5-dimethoxyphenethylamine (trade or | ||
| other name: 2C-E); | ||
| 4-Iodo-2,5-dimethoxyphenethylamine (trade or | ||
| other name: 2C-I); | ||
| 2,5-Dimethoxy-4-nitrophenethylamine (trade or | ||
| other name: 2C-N); | ||
| 2,5-Dimethoxy-4-(n)-propylphenethylamine (trade | ||
| or other name: 2C-P); | ||
| 4-Ethylthio-2,5-dimethoxyphenethylamine (trade | ||
| or other name: 2C-T-2); | ||
| 4-Isopropylthio-2,5-dimethoxyphenethylamine | ||
| (trade or other name: 2C-T-4); and | ||
| 2,5-Dimethoxy-4-(n)-propylthiophenethylamine | ||
| (trade or other name: 2C-T-7); and | ||
| (7) 2,5-Dimethoxyamphetamine and any compound | ||
| structurally derived from 2,5-Dimethoxyamphetamine by substitution | ||
| at the 4-position of the phenyl ring to any extent (including alkyl, | ||
| alkoxy, alkylenedioxy, haloalkyl, or halide substituents), | ||
| including, by example, compounds such as: | ||
| 4-Ethylthio-2,5-dimethoxyamphetamine (trade or | ||
| other name: Aleph-2); | ||
| 4-Isopropylthio-2,5-dimethoxyamphetamine (trade | ||
| or other name: Aleph-4); | ||
| 4-Bromo-2,5-dimethoxyamphetamine (trade or other | ||
| name: DOB); | ||
| 4-Chloro-2,5-dimethoxyamphetamine (trade or | ||
| other name: DOC); | ||
| 2,5-Dimethoxy-4-ethylamphetamine (trade or other | ||
| name: DOET); | ||
| 4-Iodo-2,5-dimethoxyamphetamine (trade or other | ||
| name: DOI); | ||
| 2,5-Dimethoxy-4-methylamphetamine (trade or | ||
| other name: DOM); | ||
| 2,5-Dimethoxy-4-nitroamphetamine (trade or other | ||
| name: DON); | ||
| 4-Isopropyl-2,5-dimethoxyamphetamine (trade or | ||
| other name: DOIP); and | ||
| 2,5-Dimethoxy-4-(n)-propylamphetamine (trade or | ||
| other name: DOPR). | ||
| SECTION 7. Subchapter D, Chapter 481, Health and Safety | ||
| Code, is amended by adding Section 481.1032 to read as follows: | ||
| Sec. 481.1032. PENALTY GROUP 2-B. (a) Penalty Group 2-B | ||
| consists of any quantity of the following substances, their salts, | ||
| isomers, and salts of isomers, unless specifically excepted, if the | ||
| existence of these salts, isomers, and salts of isomers is possible | ||
| within the specific chemical designation: | ||
| Tetrahydrocannabinols, other than marihuana, and | ||
| synthetic equivalents of the substances contained in the plant, or | ||
| in the resinous extractives of Cannabis, or synthetic substances, | ||
| derivatives, and their isomers with similar chemical structure and | ||
| pharmacological activity such as: | ||
| delta-1 cis or trans tetrahydrocannabinol, and | ||
| their optical isomers; | ||
| delta-6 cis or trans tetrahydrocannabinol, and | ||
| their optical isomers; | ||
| delta-3, 4 cis or trans tetrahydrocannabinol, and | ||
| their optical isomers; or | ||
| compounds of these structures, regardless of | ||
| numerical designation of atomic positions, since nomenclature of | ||
| these substances is not internationally standardized. | ||
| (b) For the purposes of this section, the term "isomer" | ||
| includes an optical, position, or geometric isomer. | ||
| SECTION 8. Section 481.106, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE | ||
| ANALOGUE. For the purposes of the prosecution of an offense under | ||
| this subchapter involving the manufacture, delivery, or possession | ||
| of a controlled substance, Penalty Groups 1, 1-A, 1-B, 2, [ |
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| and 2-B include a controlled substance analogue that: | ||
| (1) has a chemical structure substantially similar to | ||
| the chemical structure of a controlled substance listed in the | ||
| applicable penalty group; or | ||
| (2) is specifically designed to produce an effect | ||
| substantially similar to, or greater than, a controlled substance | ||
| listed in the applicable penalty group. | ||
| SECTION 9. The heading to Section 481.113, Health and | ||
| Safety Code, is amended to read as follows: | ||
| Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE | ||
| IN PENALTY GROUP 2, [ |
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| SECTION 10. Section 481.113(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) Except as authorized by this chapter, a person commits | ||
| an offense if the person knowingly manufactures, delivers, or | ||
| possesses with intent to deliver a controlled substance listed in | ||
| Penalty Group 2, [ |
||
| SECTION 11. Section 481.115(h), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (h) The defense to prosecution provided by Subsection (g) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.1151(b)(1), | ||
| 481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b), | ||
| or 481.121(b)(1), (1-a), or (2), or an offense under Section | ||
| 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.1151(c), 481.116(f), 481.1161(c), | ||
| 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to the possible | ||
| overdose of the actor or another person. | ||
| SECTION 12. Section 481.1151(d), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.116(b), 481.1161(b)(1), (1-a), or (2), 481.117(b), 481.118(b), | ||
| or 481.121(b)(1), (1-a), or (2), or an offense under Section | ||
| 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.116(f), 481.1161(c), | ||
| 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to | ||
| the possible overdose of the actor or another person. | ||
| SECTION 13. Section 481.116(g), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.1161(b)(1), (1-a), or (2), 481.117(b), | ||
| 481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under | ||
| Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.1161(c), | ||
| 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to | ||
| the possible overdose of the actor or another person. | ||
| SECTION 14. The heading to Section 481.1161, Health and | ||
| Safety Code, is amended to read as follows: | ||
| Sec. 481.1161. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY | ||
| GROUP 2-A OR 2-B. | ||
| SECTION 15. Sections 481.1161(a), (b), (c), and (d), Health | ||
| and Safety Code, are amended to read as follows: | ||
| (a) Except as authorized by this chapter, a person commits | ||
| an offense if the person knowingly possesses a controlled substance | ||
| listed in Penalty Group 2-A or 2-B, unless the person obtained the | ||
| substance directly from or under a valid prescription or order of a | ||
| practitioner acting in the course of professional practice. | ||
| (b) An offense under this section is: | ||
| (1) a Class C misdemeanor if the amount of the | ||
| controlled substance possessed is, by aggregate weight, including | ||
| adulterants or dilutants, one ounce or less; | ||
| (1-a) a Class B misdemeanor if the amount of the | ||
| controlled substance possessed is, by aggregate weight, including | ||
| adulterants or dilutants, two ounces or less but more than one | ||
| ounce; | ||
| (2) a Class A misdemeanor if the amount of the | ||
| controlled substance possessed is, by aggregate weight, including | ||
| adulterants or dilutants, four ounces or less but more than two | ||
| ounces; | ||
| (3) a state jail felony if the amount of the controlled | ||
| substance possessed is, by aggregate weight, including adulterants | ||
| or dilutants, five pounds or less but more than four ounces; | ||
| (4) a felony of the third degree if the amount of the | ||
| controlled substance possessed is, by aggregate weight, including | ||
| adulterants or dilutants, 50 pounds or less but more than 5 pounds; | ||
| (5) a felony of the second degree if the amount of the | ||
| controlled substance possessed is, by aggregate weight, including | ||
| adulterants or dilutants, 2,000 pounds or less but more than 50 | ||
| pounds; and | ||
| (6) punishable by imprisonment in the Texas Department | ||
| of Criminal Justice for life or for a term of not more than 99 years | ||
| or less than 5 years, and a fine not to exceed $50,000, if the amount | ||
| of the controlled substance possessed is, by aggregate weight, | ||
| including adulterants or dilutants, more than 2,000 pounds. | ||
| (c) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b)(1), (1-a), or (2) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or | ||
| 481.121(b)(1), (1-a), or (2), or an offense under Section | ||
| 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to | ||
| the possible overdose of the actor or another person. | ||
| SECTION 16. Section 481.117(g), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), | ||
| 481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under | ||
| Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to | ||
| the possible overdose of the actor or another person. | ||
| SECTION 17. Section 481.118(g), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (g) The defense to prosecution provided by Subsection (f) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), | ||
| 481.117(b), or 481.121(b)(1), (1-a), or (2), or an offense under | ||
| Section 481.119(b), 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to | ||
| the possible overdose of the actor or another person. | ||
| SECTION 18. Section 481.119(d), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), | ||
| 481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an | ||
| offense under Section 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to | ||
| the possible overdose of the actor or another person. | ||
| SECTION 19. Sections 481.121(b), (c), and (d), Health and | ||
| Safety Code, are amended to read as follows: | ||
| (b) An offense under Subsection (a) is: | ||
| (1) a Class C misdemeanor if the amount of marihuana | ||
| possessed is one ounce or less; | ||
| (1-a) a Class B misdemeanor if the amount of marihuana | ||
| possessed is two ounces or less but more than one ounce; | ||
| (2) a Class A misdemeanor if the amount of marihuana | ||
| possessed is four ounces or less but more than two ounces; | ||
| (3) a state jail felony if the amount of marihuana | ||
| possessed is five pounds or less but more than four ounces; | ||
| (4) a felony of the third degree if the amount of | ||
| marihuana possessed is 50 pounds or less but more than 5 pounds; | ||
| (5) a felony of the second degree if the amount of | ||
| marihuana possessed is 2,000 pounds or less but more than 50 pounds; | ||
| and | ||
| (6) punishable by imprisonment in the Texas Department | ||
| of Criminal Justice for life or for a term of not more than 99 years | ||
| or less than 5 years, and a fine not to exceed $50,000, if the amount | ||
| of marihuana possessed is more than 2,000 pounds. | ||
| (c) It is a defense to prosecution for an offense punishable | ||
| under Subsection (b)(1), (1-a), or (2) that the actor: | ||
| (1) was the first person to request emergency medical | ||
| assistance in response to the possible overdose of another person | ||
| and: | ||
| (A) made the request for medical assistance | ||
| during an ongoing medical emergency; | ||
| (B) remained on the scene until the medical | ||
| assistance arrived; and | ||
| (C) cooperated with medical assistance and law | ||
| enforcement personnel; or | ||
| (2) was the victim of a possible overdose for which | ||
| emergency medical assistance was requested, by the actor or by | ||
| another person, during an ongoing medical emergency. | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), | ||
| 481.117(b), or 481.118(b), or an offense under Section 481.119(b), | ||
| 481.125(a), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.125(g), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to the possible | ||
| overdose of the actor or another person. | ||
| SECTION 20. Section 481.122(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) A person commits an offense if the person knowingly | ||
| delivers a controlled substance listed in Penalty Group 1, 1-A, | ||
| 1-B, 2, 2-A, 2-B, or 3 or knowingly delivers marihuana and the | ||
| person delivers the controlled substance or marihuana to a person: | ||
| (1) who is a child; | ||
| (2) who is enrolled in a public or private primary or | ||
| secondary school; or | ||
| (3) who the actor knows or believes intends to deliver | ||
| the controlled substance or marihuana to a person described by | ||
| Subdivision (1) or (2). | ||
| SECTION 21. Section 481.124(d), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (d) An offense under this section is: | ||
| (1) a felony of the second degree if the controlled | ||
| substance is listed in Penalty Group 1, 1-A, or 1-B; | ||
| (2) a felony of the third degree if the controlled | ||
| substance is listed in Penalty Group 2, 2-A, or 2-B; | ||
| (3) a state jail felony if the controlled substance is | ||
| listed in Penalty Group 3 or 4; or | ||
| (4) a Class A misdemeanor if the controlled substance | ||
| is listed in a schedule by an action of the commissioner under this | ||
| chapter but not listed in a penalty group. | ||
| SECTION 22. Section 481.125(h), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (h) The defense to prosecution provided by Subsection (g) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), | ||
| 481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an | ||
| offense under Section 481.119(b), 483.041(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 483 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), | ||
| 483.041(e), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to the possible | ||
| overdose of the actor or another person. | ||
| SECTION 23. Section 481.134(f), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (f) An offense otherwise punishable under Section | ||
| 481.1161(b)(1-a), 481.118(b), 481.119(b), 481.120(b)(1), or | ||
| 481.121(b)(1-a) [ |
||
| shown on the trial of the offense that the offense was committed: | ||
| (1) in, on, or within 1,000 feet of any real property | ||
| that is owned, rented, or leased to a school or school board, the | ||
| premises of a public or private youth center, or a playground; | ||
| (2) on a school bus; or | ||
| (3) by any unauthorized person 18 years of age or | ||
| older, in, on, or within 1,000 feet of premises owned, rented, or | ||
| leased by a general residential operation operating as a | ||
| residential treatment center. | ||
| SECTION 24. Section 483.041(f), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (f) The defense to prosecution provided by Subsection (e) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), | ||
| 481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an | ||
| offense under Section 481.119(b), 481.125(a), or 485.031(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 481 or 485; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), | ||
| 481.125(g), or 485.031(c); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to the possible | ||
| overdose of the actor or another person. | ||
| SECTION 25. Section 485.031(d), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (d) The defense to prosecution provided by Subsection (c) is | ||
| not available if: | ||
| (1) at the time the request for emergency medical | ||
| assistance was made: | ||
| (A) a peace officer was in the process of | ||
| arresting the actor or executing a search warrant describing the | ||
| actor or the place from which the request for medical assistance was | ||
| made; or | ||
| (B) the actor is committing another offense, | ||
| other than an offense punishable under Section 481.115(b), | ||
| 481.1151(b)(1), 481.116(b), 481.1161(b)(1), (1-a), or (2), | ||
| 481.117(b), 481.118(b), or 481.121(b)(1), (1-a), or (2), or an | ||
| offense under Section 481.119(b), 481.125(a), or 483.041(a); | ||
| (2) the actor has been previously convicted of or | ||
| placed on deferred adjudication community supervision for an | ||
| offense under this chapter or Chapter 481 or 483; | ||
| (3) the actor was acquitted in a previous proceeding | ||
| in which the actor successfully established the defense under that | ||
| subsection or Section 481.115(g), 481.1151(c), 481.116(f), | ||
| 481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), | ||
| 481.125(g), or 483.041(e); or | ||
| (4) at any time during the 18-month period preceding | ||
| the date of the commission of the instant offense, the actor | ||
| requested emergency medical assistance in response to the possible | ||
| overdose of the actor or another person. | ||
| SECTION 26. Sections 551.003(11) and (12), Occupations | ||
| Code, are amended to read as follows: | ||
| (11) "Controlled substance" means a substance, | ||
| including a drug: | ||
| (A) listed in Schedule I, II, III, IV, or V, as | ||
| established by the commissioner of public health under Chapter 481, | ||
| Health and Safety Code, or in Penalty Group 1, 1-A, 1-B, 2, 2-A, | ||
| 2-B, 3, or 4, Chapter 481; or | ||
| (B) included in Schedule I, II, III, IV, or V of | ||
| the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 | ||
| U.S.C. Section 801 et seq.). | ||
| (12) "Dangerous drug" means a drug or device that: | ||
| (A) is not included in Penalty Group 1, 1-B, 2, | ||
| 2-A, 2-B, 3, or 4, Chapter 481, Health and Safety Code, and is | ||
| unsafe for self-medication; or | ||
| (B) bears or is required to bear the legend: | ||
| (i) "Caution: federal law prohibits | ||
| dispensing without prescription" or "Rx only" or another legend | ||
| that complies with federal law; or | ||
| (ii) "Caution: federal law restricts this | ||
| drug to use by or on the order of a licensed veterinarian." | ||
| SECTION 27. Section 521.371(3), Transportation Code, is | ||
| amended to read as follows: | ||
| (3) "Drug offense" has the meaning assigned under 23 | ||
| U.S.C. Section 159(c) and includes an offense under Section 49.04, | ||
| 49.07, or 49.08, Penal Code, that is committed as a result of the | ||
| introduction into the body of any substance the possession of which | ||
| is prohibited under the Controlled Substances Act. The term does | ||
| not include an offense punishable by fine only under the laws of | ||
| this state. | ||
| SECTION 28. The changes in law made by this Act apply 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 was | ||
| committed before that date. | ||
| SECTION 29. (a) Except as otherwise provided by this | ||
| section, this Act takes effect September 1, 2023. | ||
| (b) Section 521.371, Transportation Code, as amended by | ||
| this Act, takes effect on the 91st day after the date the office of | ||
| the attorney general publishes in the Texas Register a finding | ||
| that: | ||
| (1) the legislature of this state has adopted a | ||
| resolution expressing the legislature's opposition to a law meeting | ||
| the requirements of 23 U.S.C. Section 159 in suspending, revoking, | ||
| or denying the driver's license of a person convicted of a drug | ||
| offense punishable by fine only for a period of six months; | ||
| (2) the governor of this state has submitted to the | ||
| United States secretary of transportation: | ||
| (A) a written certification of the governor's | ||
| opposition to the enactment or enforcement of a law required under | ||
| 23 U.S.C. Section 159 as that law relates to offenses punishable by | ||
| fine only; and | ||
| (B) a written certification that the legislature | ||
| has adopted the resolution described by Subdivision (1) of this | ||
| subsection; and | ||
| (3) the United States secretary of transportation has | ||
| responded to the governor's submission and certified that highway | ||
| funds will not be withheld from this state in response to the | ||
| modification or full or partial repeal of the law required under 23 | ||
| U.S.C. Section 159. | ||
