Bill Text: TX HB99 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the possession of two ounces or less of marihuana; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-04-28 - Committee report sent to Calendars [HB99 Detail]
Download: Texas-2021-HB99-Comm_Sub.html
87R6517 JSC-D | |||
By: Toth, Guillen | H.B. No. 99 | ||
Substitute the following for H.B. No. 99: | |||
By: Crockett | C.S.H.B. No. 99 |
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relating to the possession of two ounces or less of marihuana; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 14.01, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (a) or (b), a peace officer | ||
or any other person may not, without a warrant, arrest an offender | ||
for a misdemeanor punishable by fine only under Section | ||
481.121(b)(1), Health and Safety Code. | ||
SECTION 2. Article 14.03, Code of Criminal Procedure, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Notwithstanding Subsection (a), (d), or (g), a peace | ||
officer may not, without a warrant, arrest a person who only commits | ||
an offense punishable by fine only under Section 481.121(b)(1), | ||
Health and Safety Code. | ||
SECTION 3. Article 14.06(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(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)(2) [ |
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that section; | ||
(1-a) Section 481.1161, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(1) or (2) of 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 4. Article 45.051, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-2) to read as follows: | ||
(a-2) Unless the defendant has previously received a | ||
deferral of disposition for an offense under Section 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. | ||
SECTION 5. Section 481.121(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) An offense under Subsection (a) is: | ||
(1) a Class C [ |
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marihuana possessed is two ounces or less; | ||
(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. | ||
SECTION 6. Section 481.134(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) An offense otherwise punishable under Section | ||
481.118(b), 481.119(b), or 481.120(b)(1)[ |
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Class A misdemeanor if it is 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; or | ||
(2) on a school bus. | ||
SECTION 7. 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 481.120, Health and Safety Code, if | ||
the offense is punishable under Subsection (b)(1); | ||
(B) [ |
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[ |
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is punishable under Subsection (e)(1) or (2); or | ||
(C) [ |
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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 8. Section 521.372, Transportation Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsections (d) and | ||
(e) to read as follows: | ||
(a) Except as otherwise provided by Subsection (d), a [ |
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person's driver's license is automatically suspended on final | ||
conviction of: | ||
(1) an offense under the Controlled Substances Act; | ||
(2) a drug offense; or | ||
(3) a felony under Chapter 481, Health and Safety | ||
Code, that is not a drug offense. | ||
(b) Except as provided by Subsection (e), the [ |
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department may not issue a driver's license to a person convicted of | ||
an offense specified in Subsection (a) who, on the date of the | ||
conviction, did not hold a driver's license. | ||
(d) The license of a person convicted of an offense | ||
punishable by fine only under Section 481.121(b)(1), Health and | ||
Safety Code, is not automatically suspended under this section. A | ||
person described by this subsection shall pay a fee in an amount | ||
that is equivalent to the sum of all fees applicable to a suspension | ||
and reinstatement of a license under this subchapter. | ||
(e) The department is not prohibited from issuing a driver's | ||
license to a person convicted of an offense punishable by fine only | ||
under Section 481.121(b)(1), Health and Safety Code, who, on the | ||
date of the conviction, did not hold a driver's license. | ||
SECTION 9. Articles 14.01(c) and 14.03(h), Code of Criminal | ||
Procedure, as added 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 occurred before that date. | ||
SECTION 10. Article 45.051(a-2), Code of Criminal | ||
Procedure, as added by this Act, applies only to an offense | ||
committed on or after the effective date of this Act. An offense | ||
committed before the effective date of this Act is governed by the | ||
law in effect on the date the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense was committed before that date. | ||
SECTION 11. Sections 481.121 and 481.134, Health and Safety | ||
Code, as amended by this Act, apply to an offense committed under | ||
Section 481.121 or an offense committed under Section 481.121 and | ||
punishable under Section 481.134 before, on, or after September 1, | ||
2021, except that a final conviction for an offense that exists on | ||
September 1, 2021, is unaffected by this Act. | ||
SECTION 12. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2021. | ||
(b) The changes in law made by this Act to Section 521.372, | ||
Transportation Code, take 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 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; 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 any | ||
modification to or repeal of the law required under 23 U.S.C. | ||
Section 159. |