By:AASimpson H.B.ANo.A2165 A BILL TO BE ENTITLED AN ACT 1 2 relating to repealing marihuana offenses. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 4 SECTIONA1.AAThe following provisions are repealed: 5 (1)AAArticle 13.22, Code of Criminal Procedure; 6 (2)AASections 7 481.002(26), 481.120, and 481.121, Health and Safety Code; and 8 (3)AASections 159.001(4) and 159.101(e), Tax Code. 9 SECTIONA2.AAArticle 14.06(d), Code of Criminal Procedure, is 10 11 12 amended to read as follows: (d)AASubsection (c) applies only to a person charged with committing an offense under: 13 (1)AA[Section 481.121, Health and Safety Code, if the 14 offense 15 section; is punishable under Subsection (b)(1) or (2) of that 16 [(1-a)]AASection 481.1161, Health and Safety Code, if 17 the offense is punishable under Subsection (b)(1) or (2) of that 18 section; 19 20 21 22 23 24 (2)AASection 28.03, Penal Code, if the offense is the offense is the offense is punishable under Subsection (b)(2) of that section; (3)AASection 28.08, Penal Code, if punishable under Subsection (b)(1) of that section; (4)AASection 31.03, Penal Code, if punishable under Subsection (e)(2)(A) of that section; 84R9066 JSC-D 1 H.B.ANo.A2165 (5)AASection 1 2 (6)AASection the offense is 38.114, Penal Code, the offense is if SECTIONA3.AAArticle 15.27(h), Code of Criminal Procedure, is amended to read as follows: (h)AAThis 8 article applies to any felony offense and the following misdemeanors: (1)AAan 10 11 if (7)AASection 521.457, Transportation Code. 6 9 Code, punishable as a Class B misdemeanor; or 5 7 Penal punishable under Subsection (e)(2) of that section; 3 4 31.04, offense under Section 20.02, 21.08, 22.01, 22.05, 22.07, or 71.02, Penal Code; (2)AAthe 12 unlawful use, sale, or possession of a 13 controlled substance or [,] drug paraphernalia, [or marihuana,] as 14 defined by Chapter 481, Health and Safety Code; or 15 (3)AAthe unlawful possession of any of the weapons or 16 devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a 17 weapon listed as a prohibited weapon under Section 46.05, Penal 18 Code. 19 20 21 SECTIONA4.AASection 4, Article 18.20, Code of Criminal Procedure, is amended to read as follows: Sec.A4.AAOFFENSES FOR WHICH INTERCEPTIONS MAY BE 22 AUTHORIZED.AAA judge of competent jurisdiction may issue an order 23 authorizing 24 communications only if the prosecutor applying for the order shows 25 probable 26 evidence of the commission of: 27 interception cause to believe of wire, that the oral, or interception electronic will provide (1)AAa felony under Section 19.02, 19.03, or 43.26, 2 H.B.ANo.A2165 1 Penal Code; (2)AAa felony under: 2 (A)AAChapter 481, Health and Safety Code[, other 3 4 than felony possession of marihuana]; 5 (B)AASection 485.032, Health and Safety Code; or 6 (C)AAChapter 483, Health and Safety Code; (3)AAan offense under Section 20.03 or 20.04, Penal 7 8 Code; (4)AAan offense under Chapter 20A, Penal Code; 9 (5)AAan offense under Chapter 34, Penal Code, if the 10 11 criminal activity giving rise to the proceeds involves the 12 commission of an offense under Title 5, Penal Code, or an offense 13 under federal law or the laws of another state containing elements 14 that are substantially similar to the elements of an offense under 15 Title 5; 16 (6)AAan offense under Section 38.11, Penal Code; or 17 (7)AAan attempt, conspiracy, or solicitation to commit 18 19 20 an offense listed in this section. SECTIONA5.AASection 15(a)(1), Article 42.12, Code of Criminal Procedure, is amended to read as follows: 21 (1)AAOn conviction of a state jail felony under Section 22 481.115(b), 23 [481.121(b)(3),] or 481.129(g)(1), Health and Safety Code, that is 24 punished 25 suspend the imposition of the sentence and place the defendant on 26 community supervision, unless the defendant has previously been 27 convicted of a felony, other than a felony punished under Section under 481.1151(b)(1), Section 481.116(b), 12.35(a), 3 Penal Code, 481.1161(b)(3), the judge shall H.B.ANo.A2165 1 12.44(a), Penal Code, or unless the conviction resulted from an 2 adjudication 3 deferred adjudication community supervision for the offense, in 4 which event the judge may suspend the imposition of the sentence and 5 place 6 sentence 7 requiring the judge to suspend the imposition of the sentence and 8 place the defendant on community supervision do not apply to a 9 defendant who: the of the defendant to be guilt on a defendant community executed.AAThe (A)AAunder 10 of previously supervision provisions Section of or placed may this order on the subdivision 481.1151(b)(1), Health and 11 Safety Code, possessed more than five abuse units of the controlled 12 substance; or (B)AAunder 13 Section 481.1161(b)(3), Health and 14 Safety Code, possessed more than one pound, by aggregate weight, 15 including adulterants or dilutants, of the controlled substance[; 16 or 17 18 19 20 21 [(C)AAunder Section 481.121(b)(3), Health and Safety Code, possessed more than one pound of marihuana]. SECTIONA6.AASection 15(d), Article 42.12, Code of Criminal Procedure, is amended to read as follows: (d)AAA judge may impose as a condition of community 22 supervision that a defendant submit at the beginning of the period 23 of community supervision to a term of confinement in a state jail 24 felony facility for a term of not less than 90 days or more than 180 25 days, or a term of not less than 90 days or more than one year if the 26 defendant is convicted of an offense punishable as a state jail 27 felony under Section 481.112, 481.1121, or 481.113, [or 481.120,] 4 H.B.ANo.A2165 1 Health and Safety Code. A judge may not require a defendant to 2 submit 3 subsection and a term of confinement under Section 5 or 12 of this 4 article. 5 previously has been convicted of a felony regardless of whether the 6 sentence for the previous conviction was actually imposed or was 7 probated and suspended. 8 9 to both For the the term purposes of confinement of this authorized subsection, a by this defendant SECTIONA7.AASection 37.006(a), Education Code, is amended to read as follows: 10 (a)AAA student shall be removed from class and placed in a 11 disciplinary alternative education program as provided by Section 12 37.008 if the student: 13 (1)AAengages in conduct involving a public school that 14 contains the elements of the offense of false alarm or report under 15 Section 42.06, Penal Code, or terroristic threat under Section 16 22.07, Penal Code; or 17 (2)AAcommits the following on or within 300 feet of 18 school property, as measured from any point on the school ’s real 19 property boundary line, or while attending a school-sponsored or 20 school-related activity on or off of school property: 21 (A)AAengages in conduct punishable as a felony; 22 (B)AAengages in conduct that contains the elements 23 24 25 of the offense of assault under Section 22.01(a)(1), Penal Code; (C)AAsells, gives, or delivers to another person or possesses or uses or is under the influence of: 26 (i)AA[marihuana or] a controlled substance, 27 as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. 5 H.B.ANo.A2165 1 Section 801 et seq.; or (ii)AAa 2 3 dangerous drug, as defined by Chapter 483, Health and Safety Code; (D)AAsells, gives, or delivers to another person 4 5 an alcoholic beverage, as defined by Section 1.04, Alcoholic 6 Beverage Code, commits a serious act or offense while under the 7 influence of alcohol, or possesses, uses, or is under the influence 8 of an alcoholic beverage; (E)AAengages in conduct that contains the elements 9 10 of an offense relating to an abusable volatile chemical 11 Sections 485.031 through 485.034, Health and Safety Code; or under 12 (F)AAengages in conduct that contains the elements 13 of the offense of public lewdness under Section 21.07, Penal Code, 14 or indecent exposure under Section 21.08, Penal Code. SECTIONA8.AASection 37.007(b), Education Code, is amended to 15 16 read as follows: 17 (b)AAA student may be expelled if the student: 18 (1)AAengages in conduct involving a public school that 19 contains the elements of the offense of false alarm or report under 20 Section 42.06, Penal Code, or terroristic threat under Section 21 22.07, Penal Code; 22 (2)AAwhile on or within 300 feet of school property, as 23 measured from any point on the school ’s real property boundary 24 line, 25 activity on or off of school property: 26 27 or while attending a school-sponsored or school-related (A)AAsells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of: 6 H.B.ANo.A2165 1 (i)AA[marihuana or] a controlled substance, 2 as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. 3 Section 801 et seq.; (ii)AAa 4 5 10 as defined by (iii)AAan alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code; (B)AAengages in conduct that contains the elements 8 9 drug, Chapter 483, Health and Safety Code; or 6 7 dangerous of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code; 11 (C)AAengages in conduct that contains the elements 12 of an offense under Section 22.01(a)(1), Penal Code, against a 13 school 14 22.053; or district or a volunteer as defined by Section (D)AAengages in conduct that contains the elements 15 16 employee of the offense of deadly conduct under Section 22.05, Penal Code; 17 (3)AAsubject to Subsection (d), while within 300 feet 18 of school property, as measured from any point on the school ’s real 19 property boundary line: 20 21 (A)AAengages in conduct specified by Subsection (a); or 22 23 (B)AApossesses a firearm, as defined by 18 U.S.C. Section 921; 24 (4)AAengages in conduct that contains the elements of 25 any offense listed in Subsection (a)(2)(A) or (C) or the offense of 26 aggravated robbery under Section 29.03, Penal Code, against another 27 student, without regard to whether the conduct occurs on or off of 7 H.B.ANo.A2165 1 school property or while attending a school-sponsored 2 school-related activity on or off of school property; or or 3 (5)AAengages in conduct that contains the elements of 4 the offense of breach of computer security under Section 33.02, 5 Penal Code, if: 6 (A)AAthe conduct involves accessing a computer, 7 computer network, or computer system owned by or operated on behalf 8 of a school district; and (B)AAthe student knowingly: 9 (i)AAalters, 10 11 district property or information; or 12 (ii)AAcommits 13 14 15 16 damages, a or breach deletes of any school other computer, computer network, or computer system. SECTIONA9.AASection 37.015(a), Education Code, is amended to read as follows: (a)AAThe principal of a public or private primary or 17 secondary school, or a person designated by the principal under 18 Subsection (d), shall notify any school district police department 19 and the police department of the municipality in which the school is 20 located or, if the school is not in a municipality, the sheriff of 21 the county in which the school is located if the principal has 22 reasonable grounds to believe that any of the following activities 23 occur in school, on school property, or at a school-sponsored or 24 school-related activity on or off school property, whether or not 25 the activity is investigated by school security officers: 26 27 (1)AAconduct that may constitute under Section 508.149, Government Code; 8 an offense listed H.B.ANo.A2165 1 (2)AAdeadly conduct under Section 22.05, Penal Code; 2 (3)AAa terroristic threat under Section 22.07, Penal 3 Code; (4)AAthe 4 use, sale, or possession of a controlled 5 substance or [,] drug paraphernalia [, or marihuana] under Chapter 6 481, Health and Safety Code; 7 (5)AAthe possession of any of the weapons or devices 8 listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal 9 Code; (6)AAconduct 10 11 that may constitute a criminal offense under Section 71.02, Penal Code; or 12 (7)AAconduct that may constitute a criminal offense for 13 which a student may be expelled under Section 37.007(a), (d), or 14 (e). SECTIONA10.AASection 37.016, Education Code, is amended to 15 16 read as follows: 17 Sec.A37.016.AAREPORT OF DRUG OFFENSES; LIABILITY. A 18 teacher, school administrator, or school employee is not liable in 19 civil 20 governmental authority, in the exercise of professional judgment 21 within the scope of the teacher ’s, administrator ’s, or employee ’s 22 duties, a student whom the teacher suspects of using, passing, or 23 selling, on school property: 24 25 26 27 damages for reporting to a school administrator or (1)AA[marihuana or] a controlled substance, as defined by Chapter 481, Health and Safety Code; (2)AAa dangerous drug, Health and Safety Code; 9 as defined by Chapter 483, H.B.ANo.A2165 1 (3)AAan abusable glue or aerosol paint, as defined by 2 Chapter 485, Health and Safety Code, or a volatile chemical, as 3 listed 4 substance is used or sold for the purpose of inhaling its fumes or 5 vapors; or in [484], Health and Safety Code, if the Alcoholic Beverage Code. SECTIONA11.AASection 76.017(b), Government Code, is amended 8 9 485 (4)AAan alcoholic beverage, as defined by Section 1.04, 6 7 Chapter to read as follows: (b)AAThe program must: 10 11 (1)AAinclude automatic screening and evaluation of a 12 person arrested for an offense, other than a Class C misdemeanor, in 13 which an element of the offense is the use or possession of alcohol 14 or 15 marihuana]; the use, possession, or sale of a controlled substance [or 16 (2)AAinclude automatic screening and evaluation of a 17 person arrested for an offense, other than a Class C misdemeanor, in 18 which the use of alcohol or drugs is suspected to have significantly 19 contributed 20 arrested; 21 22 to the offense (3)AAcoordinate for the which the evaluation individual and has referral been to treatment services; and 23 (4)AAmake referrals for the appropriate treatment of a 24 person determined to be in need of treatment, including referrals 25 to a community corrections facility as defined by Section 509.001. 26 27 SECTIONA12.AASection 123.002, Government Code, is amended to read as follows: 10 H.B.ANo.A2165 1 Sec.A123.002.AAAUTHORITY TO ESTABLISH PROGRAM.AAThe 2 commissioners court of a county or governing body of a municipality 3 may establish the following types of drug court programs: (1)AAdrug 4 5 courts for persons arrested for, charged with, or convicted of: (A)AAan offense in which an element of the offense 6 7 is the use or possession of alcohol or the use, possession, or sale 8 of a controlled substance or [,] a controlled substance analogue [, 9 or marihuana]; or (B)AAan offense in which the use of alcohol or a 10 11 controlled 12 contributed to the commission of the offense and the offense did not 13 involve: 20 21 22 to have possessing, significantly or using a (ii)AAthe use of force against the person of another; or (iii)AAthe death of or serious bodily injury 18 19 suspected firearm or other dangerous weapon; 16 17 is (i)AAcarrying, 14 15 substance to another; (2)AAdrug courts for juveniles detained for, taken into custody for, or adjudicated as having engaged in: (A)AAdelinquent conduct, including habitual 23 felony conduct, or conduct indicating a need for supervision in 24 which an element of the conduct is the use or possession of alcohol 25 or the use, possession, or sale of a controlled substance or [,] a 26 controlled substance analogue [, or marihuana]; or 27 (B)AAdelinquent 11 conduct, including habitual H.B.ANo.A2165 1 felony conduct, or conduct indicating a need for supervision in 2 which the use of alcohol or a controlled substance is suspected to 3 have significantly contributed to the commission of the conduct and 4 the conduct did not involve: (i)AAcarrying, 5 6 using a (ii)AAthe use of force against the person of another; or (iii)AAthe death of or serious bodily injury 9 10 or firearm or other dangerous weapon; 7 8 possessing, to another; (3)AAreentry 11 drug courts for persons with a 12 demonstrated history of using alcohol or a controlled substance who 13 may benefit from a program designed to facilitate the person ’s 14 transition and reintegration into the community on release from a 15 state or local correctional facility; 16 (4)AAfamily dependency drug treatment courts for family 17 members involved in a suit affecting the parent-child relationship 18 in which a parent ’s use of alcohol or a controlled substance is a 19 primary consideration in the outcome of the suit; or 20 (5)AAprograms for other persons not precisely described 21 by Subdivisions (1)-(4) who may benefit from a program that has the 22 essential characteristics described by Section 123.001. 23 24 SECTIONA13.AASections 481.002(17) and (25), Health and Safety Code, are amended to read as follows: 25 (17)AA"Drug paraphernalia" means equipment, a product, 26 or 27 propagating, material that is used cultivating, or intended growing, 12 for use harvesting, in planting, manufacturing, H.B.ANo.A2165 1 compounding, converting, producing, processing, preparing, 2 testing, analyzing, packaging, repackaging, storing, containing, 3 or concealing a controlled substance in violation of this chapter 4 or in injecting, ingesting, inhaling, or otherwise introducing into 5 the human body a controlled substance in violation of this chapter. 6 The term includes: 7 (A)AAa kit used or intended for use in planting, 8 propagating, cultivating, growing, or harvesting a species of plant 9 that is a controlled substance or from which a controlled substance 10 may be derived; 11 (B)AAa material, compound, mixture, preparation, 12 or kit used or intended for use in manufacturing, compounding, 13 converting, 14 substance; producing, processing, or preparing a controlled 15 (C)AAan isomerization device used or intended for 16 use in increasing the potency of a species of plant that is a 17 controlled substance; 18 (D)AAtesting equipment used or intended for use in 19 identifying or in analyzing the strength, effectiveness, or purity 20 of a controlled substance; 21 22 (E)AAa scale or balance used or intended for use in weighing or measuring a controlled substance; 23 (F)AAa dilutant or adulterant, such as quinine nicotinamide, dextrose, 24 hydrochloride, 25 lactose, 26 intended to be used to increase the amount or weight of or to 27 transfer a controlled substance regardless of whether the dilutant or mannitol, absorbent, inositol, blotter-type 13 material, that is used or H.B.ANo.A2165 1 or adulterant diminishes the efficacy of the controlled substance; 2 (G)AA[a separation gin or sifter used or intended 3 for use in removing twigs and seeds from or in otherwise cleaning or 4 refining marihuana; [(H)]AAa 5 blender, bowl, container, spoon, or 6 mixing device used or intended for use in compounding a controlled 7 substance; 8 (H)A[(I)]AAa capsule, balloon, envelope, or other 9 container used or intended for use in packaging small quantities of 10 a controlled substance; (I)A[(J)]AAa 11 12 container or other object used or intended for use in storing or concealing a controlled substance; (J)A[(K)]AAa hypodermic syringe, needle, or other 13 14 object used or intended for use in parenterally 15 controlled substance into the human body; and injecting a (K)A[(L)]AAan object used or intended for use in 16 17 ingesting, inhaling, 18 cocaine, hashish, or hashish oil into the human body, including: 19 or otherwise introducing [marihuana,] (i)AAa metal, wooden, acrylic, glass, stone, 20 plastic, 21 screen, hashish head, or punctured metal bowl; or ceramic pipe with or without a screen, permanent 22 (ii)AAa water pipe; 23 (iii)AAa carburetion tube or device; 24 (iv)AAa smoking or carburetion mask; 25 (v)AAa chamber pipe; 26 (vi)AAa carburetor pipe; 27 (vii)AAan electric pipe; 14 H.B.ANo.A2165 1 (viii)AAan air-driven pipe; 2 (ix)AAa chillum; 3 (x)AAa bong; or 4 (xi)AAan ice pipe or chiller. (25)AA"Manufacture" means the production, preparation, 5 6 propagation, compounding, 7 controlled 8 indirectly 9 independently by means of chemical synthesis, or by a combination 10 of extraction and chemical synthesis, and includes the packaging or 11 repackaging 12 container. However, the term does not include the preparation, 13 compounding, packaging, or labeling of a controlled substance: substance by of [other extraction the a than from substance (A)AAby 14 conversion, or marihuana], substances or processing labeling practitioner as of or directly natural incident a or origin, relabeling an of of to its the 15 practitioner ’s administering or dispensing a controlled substance 16 in the course of professional practice; or 17 (B)AAby a practitioner, or by an authorized agent 18 under the supervision of the practitioner, for or as an incident to 19 research, teaching, or chemical analysis and not for delivery. 20 21 22 SECTIONA14.AASection 481.111(c), Health and Safety Code, is amended to read as follows: (c)AAA person does not violate Section 481.113, 481.116, 23 481.1161, [481.121,] or 481.125 if the person possesses or delivers 24 tetrahydrocannabinols or their derivatives, or drug paraphernalia 25 to be used to introduce tetrahydrocannabinols or their derivatives 26 into the human body, for use in a federally approved therapeutic 27 research program. 15 H.B.ANo.A2165 1 2 3 4 5 6 SECTIONA15.AAThe heading to Section 481.122, Health and Safety Code, is amended to read as follows: Sec.A481.122.AAOFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR MARIHUANA] TO CHILD. SECTIONA16.AASections 481.122(a) and (b), Health and Safety Code, are amended to read as follows: 7 (a)AAA person commits an offense if the person knowingly 8 delivers a controlled substance listed in Penalty Group 1, 1-A, 2, 9 or 3 [or knowingly delivers marihuana] and the person delivers the 10 controlled substance [or marihuana] to a person: 11 (1)AAwho is a child; 12 (2)AAwho is enrolled in a public or private primary or 13 secondary school; or 14 (3)AAwho the actor knows or believes intends to deliver 15 the controlled substance [or marihuana] to a person described by 16 Subdivision (1) or (2). 17 18 (b)AAIt is an affirmative defense to prosecution under this section that[: 19 20 [(1)]AAthe child when the offense was [(A)AAwas younger than 21 years of age when the offense was committed; 24 [(B)AAdelivered only marihuana in an amount equal to or less than one-fourth ounce; and 26 27 a [(2)AAthe actor: 22 25 was committed[; or 21 23 actor [(C)AAdid not receive delivery]. 16 remuneration for the H.B.ANo.A2165 1 SECTIONA17.AASection 2 amended to read as follows: Sec.A481.126.AAOFFENSE: 3 4 481.126, INVESTMENT. (a) Health ILLEGAL and BARTER, Safety Code, EXPENDITURE, is OR A person commits an offense if the person: 5 (1)AAbarters property or expends funds the person knows 6 are derived from the commission of an offense under this chapter 7 punishable by imprisonment in the Texas Department of Criminal 8 Justice for life; or (2)AA[barters 9 property or expends funds the person 10 knows are derived from the commission of an offense under Section 11 481.121(a) that is punishable under Section 481.121(b)(5); 12 [(3)]AAbarters property or finances or invests funds 13 the person knows or believes are intended to further the commission 14 of an offense for which the punishment is described by Subdivision 15 (1)[; or 16 [(4)AAbarters property or finances or invests funds the 17 person knows or believes are intended to further the commission of 18 an 19 Section 481.121(b)(5)]. offense under Section 481.121(a) that is punishable under 20 (b)AAAn offense under Subsection (a) [(a)(1) or (3)] is a 21 felony of the first degree. [An offense under Subsection (a)(2) or 22 (4) is a felony of the second degree.] 23 24 25 SECTIONA18.AASection 481.133(c), Health and Safety Code, is amended to read as follows: (c)AAIn this section, "drug test" means a lawfully 26 administered test designed to detect the presence of a controlled 27 substance [or marihuana]. 17 H.B.ANo.A2165 SECTIONA19.AASections 481.134(b), (c), (d), (e), and (f), 1 2 Health and Safety Code, are amended to read as follows: (b)AAAn offense otherwise punishable as a state jail felony 3 4 under Section 481.112, 481.113, 5 punishable as a felony of the third degree, and an offense otherwise 6 punishable as a felony of the second degree under any of those 7 sections is punishable as a felony of the first degree, if it is 8 shown at the punishment phase of the trial of the offense that the 9 offense was committed: or 481.114 [, or 481.120] (1)AAin, on, or within 1,000 feet of premises owned, 10 11 rented, 12 premises of a public or private youth center, or a playground; or or leased by an institution of higher learning, the (2)AAin, on, or within 300 feet of the premises of a 13 14 is public swimming pool or video arcade facility. 15 (c)AAThe minimum term of confinement or imprisonment for an 16 offense otherwise punishable under Section 481.112(c), (d), (e), or 17 (f), 18 481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or 19 (6), 20 481.120(b)(4), 21 increased by five years and the maximum fine for the offense is 22 doubled if it is shown on the trial of the offense that the offense 23 was committed: 481.113(c), 481.117(c), (d), (d), (5), or or or (e), (e), (6), or or 481.114(c), 481.118(c), 481.121(b)(4), (d), (d), (5), or or or (e), (e) [, (6)] is 24 (1)AAin, on, or within 1,000 feet of the premises of a 25 school, the premises of a public or private youth center, or a 26 playground; or 27 (2)AAon a school bus. 18 H.B.ANo.A2165 1 (d)AAAn offense 481.113(b), otherwise 481.114(b), punishable 481.115(b), under Section 2 481.112(b), 481.116(b), 3 481.1161(b)(3) [, 481.120(b)(3), or 481.121(b)(3)] is a felony of 4 the third degree if it is shown on the trial of the offense that the 5 offense was committed: or 6 (1)AAin, on, or within 1,000 feet of any real property 7 that is owned, rented, or leased to a school or school board, the 8 premises of a public or private youth center, or a playground; or 9 10 (2)AAon a school bus. (e)AAAn offense otherwise punishable under Section 11 481.117(b) or [,] 481.119(a) [, 481.120(b)(2), or 481.121(b)(2)] is 12 a state jail felony if it is shown on the trial of the offense that 13 the offense was committed: 14 (1)AAin, on, or within 1,000 feet of any real property 15 that is owned, rented, or leased to a school or school board, the 16 premises of a public or private youth center, or a playground; or 17 18 (2)AAon a school bus. (f)AAAn offense otherwise punishable under Section 19 481.118(b) or [,] 481.119(b) [, 481.120(b)(1), or 481.121(b)(1)] is 20 a Class A misdemeanor if it is shown on the trial of the offense that 21 the offense was committed: 22 (1)AAin, on, or within 1,000 feet of any real property 23 that is owned, rented, or leased to a school or school board, the 24 premises of a public or private youth center, or a playground; or 25 26 27 (2)AAon a school bus. SECTIONA20.AASection 481.140(a), Health and Safety Code, is amended to read as follows: 19 H.B.ANo.A2165 1 (a)AAIf it is shown at the punishment phase of the trial of an 2 offense otherwise punishable as a state jail felony, felony of the 3 third degree, or felony of the second degree under Section 481.112, 4 481.1121, 5 defendant used or attempted to use a child younger than 18 years of 6 age to commit or assist in the commission of the offense, the 7 punishment is increased by one degree, unless the defendant used or 8 threatened to use force against the child or another to gain the 9 child ’s assistance, in which event the punishment for the offense 10 481.114, [481.120,] or 481.122 that the is a felony of the first degree. SECTIONA21.AASection 31.0031(d), Human Resources Code, is 11 12 481.113, amended to read as follows: (d)AAThe responsibility agreement shall require that: 13 14 (1)AAthe parent of a dependent child cooperate with the 15 department and the Title IV-D agency if necessary to establish the 16 paternity of the dependent child and to establish or enforce child 17 support; 18 (2)AAif adequate and accessible providers of the 19 services are available in the geographic area and subject to the 20 availability 21 complete early and periodic screening, diagnosis, and treatment 22 checkups on schedule and receive the immunization series prescribed 23 by Section 161.004, Health and Safety Code, unless the child is 24 exempt under that section; 25 of funds, each dependent child, as appropriate, (3)AAeach adult recipient, or teen parent recipient who 26 has 27 Subdivision (6), not voluntarily terminate paid employment of at completed the requirements regarding 20 school attendance in H.B.ANo.A2165 1 least 30 hours each week without good cause in accordance with rules 2 adopted by the department; 3 (4)AAeach adult recipient for whom a needs assessment 4 is conducted participate in an activity to enable that person to 5 become self-sufficient by: (A)AAcontinuing 6 7 or training program; (C)AAserving as a volunteer in the person ’s community; or (D)AAserving in a community work program or other 12 13 education (B)AAentering a job placement or employment skills 10 11 person ’s becoming literate; 8 9 the work program approved by the department; (5)AAeach 14 caretaker relative or parent receiving 15 assistance not use, sell, or possess [marihuana or] a controlled 16 substance in violation of Chapter 481, Health and Safety Code, or 17 abuse alcohol; 18 (6)AAeach dependent child younger than 18 years of age 19 or teen parent younger than 19 years of age attend school regularly, 20 unless 21 equivalency certificate or is specifically exempted from school 22 attendance under Section 25.086, Education Code; 23 24 25 26 27 the child has (7)AAeach a high school recipient comply diploma with or high department school rules regarding proof of school attendance; and (8)AAeach recipient attend appropriate parenting skills training classes, as determined by the needs assessment. SECTIONA22.AASection 1355.006, Insurance Code, is amended to 21 H.B.ANo.A2165 1 read as follows: 2 Sec.A1355.006.AACOVERAGE FOR CERTAIN CONDITIONS RELATED TO 3 CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. 4 section, 5 meaning [meanings] assigned by Section 481.002, Health and Safety 6 Code. 7 8 "controlled substance" has 11 (2)AAmental 15 the (1)AAaddiction to a controlled substance [or marihuana] that is used in violation of law; or 14 have] plan to provide coverage for the treatment of: 10 13 "marihuana" In this (b)AAThis subchapter does not require a group health benefit 9 12 [and (a) illness that results from the use of a controlled substance [or marihuana] in violation of law. SECTIONA23.AASection 71.023(a), Penal Code, is amended to read as follows: (a)AAA person commits an offense if the person, as part of the 16 identifiable 17 finances, directs, or supervises the commission of, or a conspiracy 18 to commit, one or more of the following offenses by members of a 19 criminal street gang: 20 21 leadership (1)AAa felony of a criminal offense street that is gang, listed knowingly in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; 22 (2)AAa felony offense for which it is shown that a 23 deadly weapon, as defined by Section 1.07, was used or exhibited 24 during the commission of the offense or during immediate flight 25 from the commission of the offense; or 26 27 (3)AAan 481.112(e), offense 481.112(f), that is punishable 481.1121(b)(4), 22 or under Section 481.115(f), [or H.B.ANo.A2165 1 481.120(b)(6),] Health and Safety Code. SECTIONA24.AASections 2 3 159.001(3) and (7), Tax Code, are amended to read as follows: 4 (3)AA"Dealer" means a person who in violation of the law 5 of this state imports into this state or manufactures, produces, 6 acquires, or possesses in this state: 7 (A)AAseven grams or more of a taxable substance 8 consisting of or containing a controlled substance, counterfeit 9 substance, or simulated controlled substance; or (B)AAfifty 10 dosage units or more of a taxable 11 substance not commonly sold by weight, consisting of or containing 12 a 13 controlled substance[; or controlled substance, substance, or simulated [(C)AAmore than four ounces of a taxable substance 14 15 counterfeit consisting of or containing marihuana]. 16 (7)AA"Taxable substance" means a controlled substance, 17 a counterfeit substance, or a simulated controlled substance, [or 18 marihuana,] or 19 controlled substance, 20 controlled substance [, or marihuana]. 21 22 23 a mixture of any materials counterfeit that substance, or contains a simulated SECTIONA25.AASection 159.004, Tax Code, is amended to read as follows: Sec.A159.004.AANO DEFENSE OR IMMUNITY. Nothing in this 24 chapter provides a defense or affirmative defense to, exception to, 25 or immunity from prosecution under the penal laws of this state 26 relating 27 simulated controlled substances [, or marihuana]. to controlled substances, 23 counterfeit substances, or H.B.ANo.A2165 1 2 3 SECTIONA26.AASection 159.101(b), Tax Code, is amended to read as follows: (b)AAThe rate of the tax is: (1)AA$200 4 for each gram of a taxable substance 5 consisting of or containing a controlled substance, counterfeit 6 substance, or simulated controlled substance; and (2)AA[$3.50 7 8 for each gram of a taxable substance consisting of or containing marihuana; and 9 [(3)]AA$2,000 on each 50 dosage units, or portion of 50 10 dosage units, if the total amount is less than 50 dosage units, of a 11 controlled substance that is not sold by weight. 12 SECTIONA27.AA(a) An offense under Section 481.120 or 13 481.121, Health and Safety Code, may not be prosecuted after the 14 effective date of this Act. If on the effective date of this Act a 15 criminal 16 sections, the action is dismissed on that date. However, a final 17 conviction for an offense under one of those sections that exists on 18 the effective date of this Act is unaffected by this Act. action is pending for an offense under one of those 19 (b)AAThe change in law made by this Act applies to an offense 20 under Section 481.122, 481.125, or 481.126, Health and Safety Code, 21 or Section 71.023, Penal Code, committed before, on, or after the 22 effective date of this Act, except that a final conviction for an 23 offense that exists on the effective date of this Act is unaffected 24 by this Act. 25 SECTIONA28.AAThis Act takes effect September 1, 2015. 24