By:AAMoody

H.B.ANo.A507

A BILL TO BE ENTITLED
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AN ACT

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relating to a civil penalty for possession of certain small amounts

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of marihuana and an exception to prosecution for possession of

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associated drug paraphernalia.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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SECTIONA1.AASection 481.121(b), Health and Safety Code, is

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amended to read as follows:
(b)AAAn offense under Subsection (a) is:

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(1)AAa Class B misdemeanor if the amount of marihuana

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possessed is two ounces or less but more than one ounce;
(2)AAa Class A misdemeanor if the amount of marihuana

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possessed is four ounces or less but more than two ounces;
(3)AAa state jail felony if the amount of marihuana

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possessed is five pounds or less but more than four ounces;
(4)AAa

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felony

of

the

third

degree

if

the

amount

of

marihuana possessed is 50 pounds or less but more than 5 pounds;

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(5)AAa felony of the second degree if the amount of

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marihuana possessed is 2,000 pounds or less but more than 50 pounds;

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and

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(6)AApunishable by imprisonment in the Texas Department

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of Criminal Justice for life or for a term of not more than 99 years

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or less than 5 years, and a fine not to exceed $50,000, if the amount

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of marihuana possessed is more than 2,000 pounds.

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SECTIONA2.AASubchapter

84R2402 JSC-F

D,

Chapter

1

481,

Health

and

Safety

 H.B.ANo.A507
1
2

Code, is amended by adding Section 481.1211 to read as follows:
Sec.A481.1211.AACIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF

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MARIHUANA.

(a)

A person who knowingly or intentionally possesses a

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usable quantity of marihuana in an amount that is one ounce or less

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is liable to the state for a civil penalty not to exceed $100.

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(b)AAThe imposition of a civil penalty under this section is

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not a conviction and may not be considered a conviction for any

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purpose.

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(c)AAA peace officer may not make an arrest solely because of

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a violation of this section.

A peace officer shall issue to a

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person who violates this section a citation that contains written

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notice of the time and place the person must appear before a justice

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court, the name and address of the person charged, and the civil

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violation charged.

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(d)AAThe district or county attorney of the county in which

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the conduct described by Subsection (a) is alleged to have occurred

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shall bring an action in the justice court of the county to collect

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the civil penalty of a person who receives a citation under this

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section.

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(e)AAThe court may waive or reduce the civil penalty if:

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(1)AAthe person subject to a civil penalty under this

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section attends a program that provides education in substance

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abuse and is approved by the Department of State Health Services or

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the Texas Department of Public Safety; or

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(2)AAthe

person

performs

not

more

than

10

hours

of

community service, as recommended by the court.
(f)AALaw enforcement shall seize any marihuana in possession

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 H.B.ANo.A507
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of a person subject to a civil penalty under this section and

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preserve the marihuana as if the marihuana were evidence of an

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offense under this chapter pending the final resolution of a civil

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proceeding under this section and any available appeal.

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final resolution of the civil proceeding and any available appeal,

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any marihuana seized is subject to forfeiture and shall be disposed

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of in accordance with Section 481.159.

After

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(g)AAThe identity of a person cited or found liable for a

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civil penalty under this section is confidential information under

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Section 552.101, Government Code.
SECTIONA3.AASection

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481.125,

Health

and

Safety

Code,

is

amended by adding Subsection (g) to read as follows:
(g)AAIt is an exception to the application of this section

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that

drug

paraphernalia

was

knowingly

or

intentionally

used,

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possessed, or delivered solely in furtherance of a violation of

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Section 481.1211.

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SECTIONA4.AAThe changes in law made by this Act apply only to

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a violation of law that occurs on or after the effective date of

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this Act.

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Act is governed by the law in effect on the date the violation

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occurred,

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purpose.

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before

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violation occurred before that date.

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A violation that occurs before the effective date of this

and

the

former

law

is

continued

in

effect

for

that

For purposes of this section, a violation of law occurred

the

effective

date

of

this

Act

if

any

element

SECTIONA5.AAThis Act takes effect September 1, 2015.

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of

the