Bill Text: TX HB2775 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the use, possession, delivery, or manufacture of hypodermic needles and syringes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to Public Health [HB2775 Detail]
Download: Texas-2023-HB2775-Introduced.html
| 88R11350 CJD-D | ||
| By: Bucy | H.B. No. 2775 | |
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| relating to the use, possession, delivery, or manufacture of | ||
| hypodermic needles and syringes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 481.002(17), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (17) "Drug paraphernalia" means equipment, a product, | ||
| or material that is used or intended for use in planting, | ||
| propagating, cultivating, growing, harvesting, manufacturing, | ||
| compounding, converting, producing, processing, preparing, | ||
| testing, analyzing, packaging, repackaging, storing, containing, | ||
| or concealing a controlled substance in violation of this chapter | ||
| or in injecting, ingesting, inhaling, or otherwise introducing into | ||
| the human body a controlled substance in violation of this chapter. | ||
| The term includes: | ||
| (A) a kit used or intended for use in planting, | ||
| propagating, cultivating, growing, or harvesting a species of plant | ||
| that is a controlled substance or from which a controlled substance | ||
| may be derived; | ||
| (B) a material, compound, mixture, preparation, | ||
| or kit used or intended for use in manufacturing, compounding, | ||
| converting, producing, processing, or preparing a controlled | ||
| substance; | ||
| (C) an isomerization device used or intended for | ||
| use in increasing the potency of a species of plant that is a | ||
| controlled substance; | ||
| (D) testing equipment used or intended for use in | ||
| identifying or in analyzing the strength, effectiveness, or purity | ||
| of a controlled substance; | ||
| (E) a scale or balance used or intended for use in | ||
| weighing or measuring a controlled substance; | ||
| (F) a dilutant or adulterant, such as quinine | ||
| hydrochloride, mannitol, inositol, nicotinamide, dextrose, | ||
| lactose, or absorbent, blotter-type material, that is used or | ||
| intended to be used to increase the amount or weight of or to | ||
| transfer a controlled substance regardless of whether the dilutant | ||
| or adulterant diminishes the efficacy of the controlled substance; | ||
| (G) a separation gin or sifter used or intended | ||
| for use in removing twigs and seeds from or in otherwise cleaning or | ||
| refining marihuana; | ||
| (H) a blender, bowl, container, spoon, or mixing | ||
| device used or intended for use in compounding a controlled | ||
| substance; | ||
| (I) a capsule, balloon, envelope, or other | ||
| container used or intended for use in packaging small quantities of | ||
| a controlled substance; | ||
| (J) a container or other object used or intended | ||
| for use in storing or concealing a controlled substance; and | ||
| (K) [ |
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| ingesting, inhaling, or otherwise introducing marihuana, cocaine, | ||
| hashish, or hashish oil into the human body, including: | ||
| (i) a metal, wooden, acrylic, glass, stone, | ||
| plastic, or ceramic pipe with or without a screen, permanent | ||
| screen, hashish head, or punctured metal bowl; | ||
| (ii) a water pipe; | ||
| (iii) a carburetion tube or device; | ||
| (iv) a smoking or carburetion mask; | ||
| (v) a chamber pipe; | ||
| (vi) a carburetor pipe; | ||
| (vii) an electric pipe; | ||
| (viii) an air-driven pipe; | ||
| (ix) a chillum; | ||
| (x) a bong; or | ||
| (xi) an ice pipe or chiller. | ||
| SECTION 2. Section 481.125, Health and Safety Code, is | ||
| amended by adding Subsection (j) to read as follows: | ||
| (j) This section does not apply to a person who uses, | ||
| possesses with the intent to use, delivers, possesses with intent | ||
| to deliver, or manufactures with intent to deliver a hypodermic | ||
| needle or syringe, regardless of the person's intent with respect | ||
| to the use of the needle or syringe and regardless of whether the | ||
| person knew or should have known that the needle or syringe would be | ||
| used to administer a controlled substance in violation of this | ||
| chapter. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect at the time the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
