bill repealing Texas marihuana offenses

The text as introduced · 11,822 words

89R4951 CJD-D

By: Rosenthal
H.B. No. 1763

A BILL TO BE ENTITLED

AN ACT

relating to repealing certain offenses and removing certain

regulations relating to marihuana, cannabis, cannabinoids,

synthetic cannabinoids, and paraphernalia.

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

SECTION 1. The following provisions are repealed:

(1) Section 122.103(c), Agriculture Code;

(2) Section 122.358, Agriculture Code;

(3) Sections 69.06(e) and 104.01(c), Alcoholic

Beverage Code;

(4) Article 13A.553, Code of Criminal Procedure;

(5) Sections 443.202(a) and 443.2025(a), Health and

Safety Code;

(6) Section 481.002(17), Health and Safety Code;

(7) Section 481.1031, Health and Safety Code;

(8) Sections 481.111(c), (e), and (f), Health and

Safety Code;

(9) Sections 481.1131, 481.1161, 481.120, 481.121,

481.125, and 481.183, Health and Safety Code;

(10) Subchapter G, Chapter 481, Health and Safety

Code;

(11) Chapter 487, Health and Safety Code; and

(12) Chapter 169, Occupations Code.

SECTION 2. Section 122.354, Agriculture Code, is amended to

read as follows:

Sec. 122.354. DEPARTMENT RULES. The department[ , in

consultation with the Department of Public Safety, ] shall adopt

rules regulating the transportation of hemp in this state [ to

ensure that illegal marihuana is not transported into or through

this state disguised as legal hemp ].

SECTION 3. Section 69.06(a), Alcoholic Beverage Code, is

amended to read as follows:

(a) The commission shall deny an original application for a

retail dealer's on-premise license if the commission finds that the

applicant or the applicant's spouse, during the five years

immediately preceding the application, was finally convicted of a

felony or one of the following offenses:

(1) prostitution or solicitation of prostitution;

(2) a vagrancy offense involving moral turpitude;

(3) bookmaking;

(4) gambling or gaming;

(5) an offense involving controlled substances as

defined in the Texas Controlled Substances Act, including [ an

offense involving a synthetic cannabinoid, or ] an offense involving

other dangerous drugs;

(6) a violation of this code resulting in the

cancellation of a license or permit, or a fine of not less than

$500;

(7) more than three violations of this code relating

to minors;

(8) bootlegging; or

(9) an offense involving firearms or a deadly weapon.

SECTION 4. Section 104.01(a), Alcoholic Beverage Code, is

amended to read as follows:

(a) A person authorized to sell malt beverages at retail, or

the person's agent, servant, or employee, may not engage in or

permit conduct on the premises of the retailer which is lewd,

immoral, or offensive to public decency, including any of the

following acts:

(1) the use of loud and vociferous or obscene, vulgar,

or indecent language, or permitting its use;

(2) the exposure of a person or permitting a person to

expose himself or herself;

(3) rudely displaying or permitting a person to rudely

display a pistol or other deadly weapon in a manner calculated to

disturb persons in the retail establishment;

(4) solicitation of any person to buy drinks for

consumption by the retailer or any of the retailer's employees;

(5) being intoxicated on the licensed premises;

(6) permitting lewd or vulgar entertainment or acts;

(7) permitting solicitations of persons for immoral or

sexual purposes;

(8) failing or refusing to comply with state or

municipal health or sanitary laws or ordinances; or

(9) possession of a narcotic [ or synthetic

cannabinoid ] or any equipment used or designed for the

administering of a narcotic [ or a synthetic cannabinoid ] or

permitting a person on the licensed premises to do so.

SECTION 5. 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)(1) or (2) of 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;

(2) [ (3) ] Section 28.08, Penal Code, if the offense is

punishable under Subsection (b)(2) or (3) of that section;

(3) [ (4) ] Section 31.03, Penal Code, if the offense is

punishable under Subsection (e)(2)(A) of that section;

(4) [ (5) ] Section 31.04, Penal Code, if the offense is

punishable under Subsection (e)(2) of that section;

(5) [ (5-a) ] Section 37.10, Penal Code, if the offense

is for tampering with a temporary tag issued under Chapter 502 or

503, Transportation Code;

(6) Section 38.114, Penal Code, if the offense is

punishable as a Class B misdemeanor; or

(7) Section 521.457, Transportation Code.

SECTION 6. Article 15.27(h), Code of Criminal Procedure, is

amended to read as follows:

(h) This article applies to any felony offense and the

following misdemeanors:

(1) an offense under Section 20.02, 21.08, 22.01,

22.05, 22.07, or 71.02, Penal Code;

(2) the unlawful use, sale, or possession of a

controlled substance[ , drug paraphernalia, or marihuana ], as

defined by Chapter 481, Health and Safety Code; or

(3) the unlawful possession of any of the weapons or

devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a

weapon listed as a prohibited weapon under Section 46.05, Penal

Code.

SECTION 7. Article 18.02(a), Code of Criminal Procedure, is

amended to read as follows:

(a) A search warrant may be issued to search for and seize:

(1) property acquired by theft or in any other manner

which makes its acquisition a penal offense;

(2) property specially designed, made, or adapted for

or commonly used in the commission of an offense;

(3) arms and munitions kept or prepared for the

purposes of insurrection or riot;

(4) weapons prohibited by the Penal Code;

(5) gambling devices or equipment, altered gambling

equipment, or gambling paraphernalia;

(6) obscene materials kept or prepared for commercial

distribution or exhibition, subject to the additional rules set

forth by law;

(7) a drug, controlled substance, immediate

precursor, chemical precursor, or other controlled substance

property, including an apparatus [ or paraphernalia ] kept,

prepared, or manufactured in violation of the laws of this state;

(8) any property the possession of which is prohibited

by law;

(9) implements or instruments used in the commission

of a crime;

(10) property or items, except the personal writings

by the accused, constituting evidence of an offense or constituting

evidence tending to show that a particular person committed an

offense;

(11) persons;

(12) contraband subject to forfeiture under Chapter 59

of this code;

(13) electronic customer data held in electronic

storage, including the contents of and records and other

information related to a wire communication or electronic

communication held in electronic storage; or

(14) a cellular telephone or other wireless

communications device, subject to Article 18.0215.

SECTION 8. Article 18A.101, Code of Criminal Procedure, is

amended to read as follows:

Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE

ISSUED. A judge of competent jurisdiction may issue an

interception order only if the prosecutor applying for the order

shows probable cause to believe that the interception will provide

evidence of the commission of:

(1) a felony under any of the following provisions of

the Health and Safety Code:

(A) Chapter 481[ , other than felony possession of

marihuana ];

(B) Chapter 483; or

(C) Section 485.032;

(2) an offense under any of the following provisions

of the Penal Code:

(A) Section 19.02;

(B) Section 19.03;

(C) Section 20.03;

(D) Section 20.04;

(E) Chapter 20A;

(F) Chapter 34, if the criminal activity giving

rise to the proceeds involves the commission of an offense under

Title 5, Penal Code, or an offense under federal law or the laws of

another state containing elements that are substantially similar to

the elements of an offense under Title 5;

(G) Section 38.11;

(H) Section 43.04;

(I) Section 43.041;

(J) Section 43.05; or

(K) Section 43.26; or

(3) an attempt, conspiracy, or solicitation to commit

an offense listed in Subdivision (1) or (2).

SECTION 9. Article 42A.301(b), Code of Criminal Procedure,

is amended to read as follows:

(b) Conditions of community supervision may include

conditions requiring the defendant to:

(1) commit no offense against the laws of this state or

of any other state or of the United States;

(2) avoid injurious or vicious habits;

(3) report to the supervision officer as directed by

the judge or supervision officer and obey all rules and regulations

of the community supervision and corrections department;

(4) permit the supervision officer to visit the

defendant at the defendant's home or elsewhere;

(5) work faithfully at suitable employment to the

extent possible;

(6) remain within a specified place;

(7) pay in one or more amounts:

(A) the defendant's fine, if one is assessed; and

(B) all court costs, regardless of whether a fine

is assessed;

(8) support the defendant's dependents;

(9) participate, for a period specified by the judge,

in any community-based program, including a community service

project under Article 42A.304;

(10) if the judge determines that the defendant has

financial resources that enable the defendant to offset in part or

in whole the costs of the legal services provided to the defendant

in accordance with Article 1.051(c) or (d), including any expenses

and costs, reimburse the county in which the prosecution was

instituted for the costs of the legal services in an amount that the

judge finds the defendant is able to pay, except that the defendant

may not be ordered to pay an amount that exceeds:

(A) the actual costs, including any expenses and

costs, paid by the county for the legal services provided by an

appointed attorney; or

(B) if the defendant was represented by a public

defender's office, the actual amount, including any expenses and

costs, that would have otherwise been paid to an appointed attorney

had the county not had a public defender's office;

(11) if under custodial supervision in a community

corrections facility:

(A) remain under that supervision;

(B) obey all rules and regulations of the

facility; and

(C) pay a percentage of the defendant's income to

the facility for room and board;

(12) submit to testing for alcohol or controlled

substances;

(13) attend counseling sessions for substance abusers

or participate in substance abuse treatment services in a program

or facility approved or licensed by the Department of State Health

Services;

(14) with the consent of the victim of a misdemeanor

offense or of any offense under Title 7, Penal Code, participate in

victim-defendant mediation;

(15) submit to electronic monitoring;

(16) reimburse the compensation to victims of crime

fund for any amounts paid from that fund to or on behalf of a victim,

as defined by Article 56B.003, of the offense or if no reimbursement

is required, make one payment to the compensation to victims of

crime fund in an amount not to exceed $50 if the offense is a

misdemeanor or not to exceed $100 if the offense is a felony;

(17) reimburse a law enforcement agency for the

analysis, storage, or disposal of raw materials, controlled

substances, chemical precursors, [ drug paraphernalia, ] or other

materials seized in connection with the offense;

(18) reimburse all or part of the reasonable and

necessary costs incurred by the victim for psychological counseling

made necessary by the offense or for counseling and education

relating to acquired immune deficiency syndrome or human

immunodeficiency virus made necessary by the offense;

(19) pay a fine in an amount not to exceed $50 to a

crime stoppers organization, as defined by Section 414.001,

Government Code, and as certified by the Texas Crime Stoppers

Council;

(20) submit a DNA sample to the Department of Public

Safety under Subchapter G, Chapter 411, Government Code, for the

purpose of creating a DNA record of the defendant; and

(21) in any manner required by the judge, provide in

the county in which the offense was committed public notice of the

offense for which the defendant was placed on community

supervision.

SECTION 10. Article 42A.514(a), Code of Criminal Procedure,

is amended to read as follows:

(a) If a judge grants community supervision to a defendant

younger than 18 years of age convicted of an alcohol-related

offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or

106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or

an offense involving possession of a controlled substance [ or

marihuana ] under Section 481.115, 481.1151, 481.116, [ 481.1161, ]

481.117, or 481.118, [ or 481.121, ] Health and Safety Code, the

judge may require the defendant as a condition of community

supervision to successfully complete, as appropriate:

(1) an alcohol awareness program under Section

106.115, Alcoholic Beverage Code, that is regulated by the Texas

Department of Licensing and Regulation under Chapter 171,

Government Code; or

(2) a substance misuse education program that is

designed to educate persons on the dangers of substance misuse in

accordance with Section 521.374(a)(1), Transportation Code, and

that is regulated by the Texas Department of Licensing and

Regulation under Chapter 171, Government Code.

SECTION 11. Articles 42A.551(a) and (c), Code of Criminal

Procedure, are amended to read as follows:

(a) Except as otherwise provided by Subsection (b) or (c),

on conviction of a state jail felony under Section 481.115(b),

481.1151(b)(1), 481.116(b), [ 481.1161(b)(3), 481.121(b)(3), ] or

481.129(g)(1), Health and Safety Code, that is punished under

Section 12.35(a), Penal Code, the judge shall suspend the

imposition of the sentence and place the defendant on community

supervision.

(c) Subsection (a) does not apply to a defendant who[ :

[ (1) ] under Section 481.1151(b)(1), Health and Safety

Code, possessed more than five abuse units of the controlled

substance[ ;

[ (2) under Section 481.1161(b)(3), Health and Safety

Code, possessed more than one pound, by aggregate weight, including

adulterants or dilutants, of the controlled substance; or

[ (3) under Section 481.121(b)(3), Health and Safety

Code, possessed more than one pound of marihuana ].

SECTION 12. Article 42A.555(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A judge assessing punishment in a state jail felony case

may impose as a condition of community supervision that a defendant

submit at the beginning of the period of community supervision to a

term of confinement in a state jail felony facility for a term of:

(1) not less than 90 days or more than 180 days; or

(2) not less than 90 days or more than one year, if the

defendant is convicted of an offense punishable as a state jail

felony under Section 481.112, 481.1121, or 481.113, [ or 481.120, ]

Health and Safety Code.

SECTION 13. Section 37.005(c), Education Code, is amended

to read as follows:

(c) A student who is enrolled in a grade level below grade

three may not be placed in out-of-school suspension unless while on

school property or while attending a school-sponsored or

school-related activity on or off of school property, the student

engages in:

(1) conduct that contains the elements of an offense

related to weapons under Section 46.02 or 46.05, Penal Code;

(2) conduct that contains the elements of a violent

offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;

or

(3) selling, giving, or delivering to another person

or possessing, using, or being under the influence of any amount of:

(A) [ marihuana or ] a controlled substance, as

defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

Section 801 et seq.;

(B) a dangerous drug, as defined by Chapter 483,

Health and Safety Code; or

(C) an alcoholic beverage, as defined by Section

1.04, Alcoholic Beverage Code.

SECTION 14. Section 37.006(a), Education Code, is amended

to read as follows:

(a) Subject to the requirements of Section 37.009(a), a

student shall be removed from class and placed in a disciplinary

alternative education program as provided by Section 37.008 if the

student:

(1) engages in conduct involving a public school that

contains the elements of the offense of false alarm or report under

Section 42.06, Penal Code, or terroristic threat under Section

22.07, Penal Code; or

(2) commits the following on or within 300 feet of

school property, as measured from any point on the school's real

property boundary line, or while attending a school-sponsored or

school-related activity on or off of school property:

(A) engages in conduct punishable as a felony;

(B) engages in conduct that contains the elements

of the offense of assault under Section 22.01(a)(1), Penal Code;

(C) sells, gives, or delivers to another person

or possesses or uses or is under the influence of:

(i) a controlled substance, as defined by

Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et

seq., excluding marihuana, as defined by Section 481.002, Health

and Safety Code, or tetrahydrocannabinol, as defined by rule

adopted under Section 481.003 of that code; or

(ii) a dangerous drug, as defined by

Chapter 483, Health and Safety Code;

(C-1) [ possesses, uses, or is under the influence

of, or sells, gives, or delivers to another person marihuana, as

defined by Section 481.002, Health and Safety Code, or

tetrahydrocannabinol, as defined by rule adopted under Section

481.003 of that code;

[ (C-2) ] possesses, uses, sells, gives, or

delivers to another person an e-cigarette, as defined by Section

161.081, Health and Safety Code;

(D) sells, gives, or delivers to another person

an alcoholic beverage, as defined by Section 1.04, Alcoholic

Beverage Code, commits a serious act or offense while under the

influence of alcohol, or possesses, uses, or is under the influence

of an alcoholic beverage;

(E) engages in conduct that contains the elements

of an offense relating to an abusable volatile chemical under

Sections 485.031 through 485.034, Health and Safety Code;

(F) engages in conduct that contains the elements

of the offense of public lewdness under Section 21.07, Penal Code,

or indecent exposure under Section 21.08, Penal Code; or

(G) engages in conduct that contains the elements

of the offense of harassment under Section 42.07(a)(1), (2), (3),

or (7), Penal Code, against an employee of the school district.

SECTION 15. Section 37.007(b), Education Code, is amended

to read as follows:

(b) A student may be expelled if the student:

(1) engages in conduct involving a public school that

contains the elements of the offense of false alarm or report under

Section 42.06, Penal Code, or terroristic threat under Section

22.07, Penal Code;

(2) while on or within 300 feet of school property, as

measured from any point on the school's real property boundary

line, or while attending a school-sponsored or school-related

activity on or off of school property:

(A) sells, gives, or delivers to another person

or possesses, uses, or is under the influence of any amount of:

(i) [ marihuana or ] a controlled substance,

as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

Section 801 et seq. , excluding marihuana, as defined by Section

481.002, Health and Safety Code, or tetrahydrocannabinol, as

defined by rule adopted under Section 481.003 of that code ;

(ii) a dangerous drug, as defined by

Chapter 483, Health and Safety Code; or

(iii) an alcoholic beverage, as defined by

Section 1.04, Alcoholic Beverage Code;

(B) engages in conduct that contains the elements

of an offense relating to an abusable volatile chemical under

Sections 485.031 through 485.034, Health and Safety Code;

(C) engages in conduct that contains the elements

of an offense under Section 22.01(a)(1), Penal Code, against a

school district employee or a volunteer as defined by Section

22.053; or

(D) engages in conduct that contains the elements

of the offense of deadly conduct under Section 22.05, Penal Code;

(3) subject to Subsection (d), while within 300 feet

of school property, as measured from any point on the school's real

property boundary line:

(A) engages in conduct specified by Subsection

(a); or

(B) possesses a firearm, as defined by 18 U.S.C.

Section 921;

(4) engages in conduct that contains the elements of

any offense listed in Subsection (a)(2)(A) or (C) or the offense of

aggravated robbery under Section 29.03, Penal Code, against another

student, without regard to whether the conduct occurs on or off of

school property or while attending a school-sponsored or

school-related activity on or off of school property; or

(5) engages in conduct that contains the elements of

the offense of breach of computer security under Section 33.02,

Penal Code, if:

(A) the conduct involves accessing a computer,

computer network, or computer system owned by or operated on behalf

of a school district; and

(B) the student knowingly:

(i) alters, damages, or deletes school

district property or information; or

(ii) commits a breach of any other

computer, computer network, or computer system.

SECTION 16. Sections 37.009(a-1) and (a-2), Education Code,

are amended to read as follows:

(a-1) If a disciplinary alternative education program is at

capacity at the time a campus behavior coordinator is deciding

placement under Subsection (a) for a student who engaged in conduct

described under Section 37.006(a)(2)(C-1), [ (C-2), ] (D), or (E),

the student shall be:

(1) placed in in-school suspension; and

(2) if a position becomes available in the program

before the expiration of the period of the placement, transferred

to the program for the remainder of the period.

(a-2) If a disciplinary alternative education program is at

capacity at the time a campus behavior coordinator is deciding

placement under Subsection (a) for a student who engaged in conduct

described under Section 37.007 that constitutes violent conduct, as

defined by commissioner rule, a student who has been placed in the

program for conduct described under Section 37.006(a)(2)(C-1),

[ (C-2), ] (D), or (E):

(1) may be removed from the program and placed in

in-school suspension to make a position in the program available

for the student who engaged in violent conduct; and

(2) if removed from the program under Subdivision (1)

and a position in the program becomes available before the

expiration of the period of the placement, shall be returned to the

program for the remainder of the period.

SECTION 17. Section 37.015(a), Education Code, is amended

to read as follows:

(a) The principal of a public or private primary or

secondary school, or a person designated by the principal under

Subsection (d), shall notify any school district police department

and the police department of the municipality in which the school is

located or, if the school is not in a municipality, the sheriff of

the county in which the school is located if the principal has

reasonable grounds to believe that any of the following activities

occur in school, on school property, or at a school-sponsored or

school-related activity on or off school property, whether or not

the activity is investigated by school security officers:

(1) conduct that may constitute an offense listed

under Section 508.149, Government Code;

(2) deadly conduct under Section 22.05, Penal Code;

(3) a terroristic threat under Section 22.07, Penal

Code;

(4) the use, sale, or possession of a controlled

substance[ , drug paraphernalia, or marihuana ] under Chapter 481,

Health and Safety Code;

(5) the possession of any of the weapons or devices

listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal

Code;

(6) conduct that may constitute a criminal offense

under Section 71.02, Penal Code; or

(7) conduct that may constitute a criminal offense for

which a student may be expelled under Section 37.007(a), (d), or

(e).

SECTION 18. Section 37.016, Education Code, is amended to

read as follows:

Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A

teacher, school administrator, or school employee is not liable in

civil damages for reporting to a school administrator or

governmental authority, in the exercise of professional judgment

within the scope of the teacher's, administrator's, or employee's

duties, a student whom the teacher suspects of using, passing, or

selling, on school property:

(1) [ marihuana or ] a controlled substance, as defined

by Chapter 481, Health and Safety Code;

(2) a dangerous drug, as defined by Chapter 483,

Health and Safety Code;

(3) an abusable glue or aerosol paint, as defined by

Chapter 485, Health and Safety Code, or a volatile chemical, as

listed in Chapter 484, Health and Safety Code, if the substance is

used or sold for the purpose of inhaling its fumes or vapors; or

(4) an alcoholic beverage, as defined by Section 1.04,

Alcoholic Beverage Code.

SECTION 19. Section 53.03(h-1), Family Code, is amended to

read as follows:

(h-1) If the child is alleged to have engaged in delinquent

conduct or conduct indicating a need for supervision that violates

Section 481.115, 481.1151, 481.116, [ 481.1161, ] 481.117, or

481.118, [ or 481.121, ] Health and Safety Code, deferred prosecution

under this section may include a condition that the child

successfully complete a substance misuse education program that is

designed to educate persons on the dangers of substance misuse in

accordance with Section 521.374(a)(1), Transportation Code, and

that is regulated by the Texas Department of Licensing and

Regulation under Chapter 171, Government Code.

SECTION 20. Section 54.047(a), Family Code, is amended to

read as follows:

(a) If the court or jury finds at an adjudication hearing

for a child that the child engaged in delinquent conduct or conduct

indicating a need for supervision that constitutes a violation of

Section 481.115, 481.1151, 481.116, [ 481.1161, ] 481.117, or

481.118, [ or 481.121, ] Health and Safety Code, the court may order

that the child successfully complete a substance misuse education

program that is designed to educate persons on the dangers of

substance misuse in accordance with Section 521.374(a)(1),

Transportation Code, and that is regulated by the Texas Department

of Licensing and Regulation under Chapter 171, Government Code.

SECTION 21. Section 161.001(c), Family Code, is amended to

read as follows:

(c) Evidence of one or more of the following does not

constitute clear and convincing evidence sufficient for a court to

make a finding under Subsection (b) and order termination of the

parent-child relationship:

(1) the parent homeschooled the child;

(2) the parent is economically disadvantaged;

(3) the parent has been charged with a nonviolent

misdemeanor offense other than:

(A) an offense under Title 5, Penal Code;

(B) an offense under Title 6, Penal Code; or

(C) an offense that involves family violence, as

defined by Section 71.004 of this code;

(4) the parent provided or administered marihuana or

[ low-THC ] cannabis to a child for whom marihuana or [ the low-THC ]

cannabis was recommended or prescribed by a medical practitioner

for a medical condition [ under Chapter 169, Occupations Code ];

(5) the parent declined immunization for the child for

reasons of conscience, including a religious belief;

(6) the parent sought an opinion from more than one

medical provider relating to the child's medical care, transferred

the child's medical care to a new medical provider, or transferred

the child to another health care facility; or

(7) the parent allowed the child to engage in

independent activities that are appropriate and typical for the

child's level of maturity, physical condition, developmental

abilities, or culture.

SECTION 22. Section 262.116(a), Family Code, is amended to

read as follows:

(a) The Department of Family and Protective Services may not

take possession of a child under this subchapter based on evidence

that the parent:

(1) homeschooled the child;

(2) is economically disadvantaged;

(3) has been charged with a nonviolent misdemeanor

offense other than:

(A) an offense under Title 5, Penal Code;

(B) an offense under Title 6, Penal Code; or

(C) an offense that involves family violence, as

defined by Section 71.004 of this code;

(4) provided or administered marihuana or [ low-THC ]

cannabis to a child for whom marihuana or [ the low-THC ] cannabis was

recommended or prescribed by a medical practitioner for a medical

condition [ under Chapter 169, Occupations Code ];

(5) declined immunization for the child for reasons of

conscience, including a religious belief;

(6) sought an opinion from more than one medical

provider relating to the child's medical care, transferred the

child's medical care to a new medical provider, or transferred the

child to another health care facility;

(7) allowed the child to engage in independent

activities that are appropriate and typical for the child's level

of maturity, physical condition, developmental abilities, or

culture; or

(8) tested positive for marihuana, unless the

department has evidence that the parent's use of marihuana has

caused significant impairment to the child's physical or mental

health or emotional development.

SECTION 23. Section 76.017(b), Government Code, is amended

to read as follows:

(b) The program must:

(1) include automatic screening and evaluation of a

person arrested for an offense, other than a Class C misdemeanor, in

which an element of the offense is the use or possession of alcohol

or the use, possession, or sale of a controlled substance [ or

marihuana ];

(2) include automatic screening and evaluation of a

person arrested for an offense, other than a Class C misdemeanor, in

which the use of alcohol or drugs is suspected to have significantly

contributed to the offense for which the individual has been

arrested;

(3) coordinate the evaluation and referral to

treatment services; and

(4) make referrals for the appropriate treatment of a

person determined to be in need of treatment, including referrals

to a community corrections facility as defined by Section 509.001.

SECTION 24. Section 123.002, Government Code, is amended to

read as follows:

Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM. The

commissioners court of a county or governing body of a municipality

may establish the following types of drug court programs:

(1) drug courts for persons arrested for, charged

with, or convicted of:

(A) an offense in which an element of the offense

is the use or possession of alcohol or the use, possession, or sale

of a controlled substance or [ , ] a controlled substance analogue[ ,

or marihuana ]; or

(B) an offense in which the use of alcohol or a

controlled substance is suspected to have significantly

contributed to the commission of the offense and the offense did not

involve:

(i) carrying, possessing, or using a

firearm or other dangerous weapon;

(ii) the use of force against the person of

another; or

(iii) the death of or serious bodily injury

to another;

(2) drug courts for juveniles detained for, taken into

custody for, or adjudicated as having engaged in:

(A) delinquent conduct, including habitual

felony conduct, or conduct indicating a need for supervision in

which an element of the conduct is the use or possession of alcohol

or the use, possession, or sale of a controlled substance or [ , ] a

controlled substance analogue[ , or marihuana ]; or

(B) delinquent conduct, including habitual

felony conduct, or conduct indicating a need for supervision in

which the use of alcohol or a controlled substance is suspected to

have significantly contributed to the commission of the conduct and

the conduct did not involve:

(i) carrying, possessing, or using a

firearm or other dangerous weapon;

(ii) the use of force against the person of

another; or

(iii) the death of or serious bodily injury

to another;

(3) reentry drug courts for persons with a

demonstrated history of using alcohol or a controlled substance who

may benefit from a program designed to facilitate the person's

transition and reintegration into the community on release from a

state or local correctional facility;

(4) family dependency drug treatment courts for family

members involved in a suit affecting the parent-child relationship

in which a parent's use of alcohol or a controlled substance is a

primary consideration in the outcome of the suit; or

(5) programs for other persons not precisely described

by Subdivisions (1)-(4) who may benefit from a program that has the

essential characteristics described by Section 123.001.

SECTION 25. 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) Section 481.121, Health and Safety Code, if

the offense is punishable under Subsection (b)(1);

[ (C) ] Section 31.03, Penal Code, if the offense

is punishable under Subsection (e)(1) or (2); or

(B) [ (D) ] Section 43.02, Penal Code; and

(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 26. Section 411.0891(a), Government Code, is

amended to read as follows:

(a) The department may obtain as provided by Subsection

(a-1) criminal history record information that relates to a person

who:

(1) is an applicant for or holds a registration issued

by the director under Subchapter C, Chapter 481, Health and Safety

Code, that authorizes the person to manufacture, distribute,

analyze, or conduct research with a controlled substance;

(2) [ is an applicant for or holds a registration

issued by the department under Chapter 487, Health and Safety Code,

to be a director, manager, or employee of a dispensing

organization, as defined by Section 487.001, Health and Safety

Code;

[ (3) ] is an applicant for or holds an authorization

issued by the department under Section 521.2476, Transportation

Code, to do business in this state as a vendor of ignition interlock

devices;

(3) [ (4) ] is an applicant for or holds certification

by the department as an inspection station or an inspector under

Subchapter G, Chapter 548, Transportation Code, holds an inspection

station or inspector certificate issued under that subchapter, or

is the owner of an inspection station operating under that chapter;

(4) [ (5) ] is an applicant for or holds a certificate of

registration issued by the department under Chapter 1956,

Occupations Code, to act as a metal recycling entity;

(5) [ (6) ] is an applicant for or holds a license to

carry a handgun issued by the department under Subchapter H, or is

an applicant for or holds a certification as an instructor issued by

the department under this chapter;

(6) [ (7) ] is an applicant for or holds a Capitol access

pass issued by the department under Section 411.0625; or

(7) [ (8) ] is an applicant for or holds a license or

commission issued by the department under Chapter 1702, Occupations

Code.

SECTION 27. Section 411.502, Government Code, is amended to

read as follows:

Sec. 411.502. APPLICABILITY. This subchapter applies to a

program, and persons regulated under the program, administered by

the department under the following laws, including rules adopted

under those laws:

(1) Section 411.0625;

(2) [ Chapter 487, Health and Safety Code;

[ (3) ] Chapter 1702, Occupations Code;

(3) [ (4) ] Chapter 1956, Occupations Code;

(4) [ (5) ] Section 521.2476, Transportation Code; and

(5) [ (6) ] Subchapter G, Chapter 548, Transportation

Code.

SECTION 28. Sections 481.002(5), (6), (8), and (25), 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, ] 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, or 2[ , or

2-A ]; 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, or 2[ , or 2-A ].

(8) "Deliver" means to transfer, actually or

constructively, to another a controlled substance or [ , ]

counterfeit substance, [ or drug paraphernalia, ] regardless of

whether there is an agency relationship. The term includes

offering to sell a controlled substance or [ , ] counterfeit

substance[ , or drug paraphernalia ].

(25) "Manufacture" means the production, preparation,

propagation, compounding, conversion, or processing of a

controlled substance [ other than marihuana, ] directly or

indirectly by extraction from substances of natural origin,

independently by means of chemical synthesis, or by a combination

of extraction and chemical synthesis, and includes the packaging or

repackaging of the substance or labeling or relabeling of its

container. However, the term does not include the preparation,

compounding, packaging, or labeling of a controlled substance:

(A) by a practitioner as an incident to the

practitioner's administering or dispensing a controlled substance

in the course of professional practice; or

(B) by a practitioner, or by an authorized agent

under the supervision of the practitioner, for or as an incident to

research, teaching, or chemical analysis and not for delivery.

SECTION 29. Section 481.062, Health and Safety Code, is

amended to read as follows:

Sec. 481.062. EXEMPTIONS. [ (a) ] The following persons may

possess a controlled substance under this chapter without

registering with the Federal Drug Enforcement Administration:

(1) an agent or employee of a manufacturer,

distributor, analyzer, or dispenser of the controlled substance who

is registered with the Federal Drug Enforcement Administration and

acting in the usual course of business or employment;

(2) a common or contract carrier, a warehouseman, or

an employee of a carrier or warehouseman whose possession of the

controlled substance is in the usual course of business or

employment;

(3) an ultimate user or a person in possession of the

controlled substance under a lawful order of a practitioner or in

lawful possession of the controlled substance if it is listed in

Schedule V; or

(4) an officer or employee of this state, another

state, a political subdivision of this state or another state, or

the United States who is lawfully engaged in the enforcement of a

law relating to a controlled substance or drug or to a customs law

and authorized to possess the controlled substance in the discharge

of the person's official duties[ ;

[ (5) if the substance is tetrahydrocannabinol or one

of its derivatives:

[ (A) a Department of State Health Services

official, a medical school researcher, or a research program

participant possessing the substance as authorized under

Subchapter G; or

[ (B) a practitioner or an ultimate user

possessing the substance as a participant in a federally approved

therapeutic research program that the commissioner has reviewed and

found, in writing, to contain a medically responsible research

protocol; or

[ (6) a dispensing organization licensed under Chapter

487 that possesses low-THC cannabis ].

SECTION 30. 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);

[ 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 its

optical isomers; or

[ compounds of these structures, regardless of numerical

designation of atomic positions, since nomenclature of these

substances is not internationally standardized; ]

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 31. 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, and 2[ , and

2-A ] 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 32. 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 [ OR 2-A ].

SECTION 33. 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 [ or 2-A ].

SECTION 34. 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) or (2), ] 481.117(b), or 481.118(b),

[ or 481.121(b)(1) 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 35. 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) or (2), ] 481.117(b), or 481.118(b),

[ or 481.121(b)(1) 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 36. 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) or (2), ] 481.117(b), or

481.118(b), [ or 481.121(b)(1) 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 37. 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), or [ 481.1161(b)(1) or (2), ]

481.118(b), [ or 481.121(b)(1) 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 38. 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), or [ 481.1161(b)(1) or (2), ]

481.117(b), [ or 481.121(b)(1) 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 39. 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) or (2), ] 481.117(b),

or 481.118(b), [ or 481.121(b)(1) 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 40. The heading to Section 481.122, Health and

Safety Code, is amended to read as follows:

Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [ OR

MARIHUANA ] TO CHILD.

SECTION 41. Sections 481.122(a) and (b), Health and Safety

Code, are 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, 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).

(b) It is an affirmative defense to prosecution under this

section that[ :

[ (1) ] the actor was a child when the offense was

committed[ ; or

[ (2) the actor:

[ (A) was younger than 21 years of age when the

offense was committed;

[ (B) delivered only marihuana in an amount equal

to or less than one-fourth ounce; and

[ (C) did not receive remuneration for the

delivery ].

SECTION 42. Section 481.126, Health and Safety Code, is

amended to read as follows:

Sec. 481.126. OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR

INVESTMENT. (a) A person commits an offense if the person:

(1) barters property or expends funds the person knows

are derived from the commission of a first degree felony offense

under this chapter punishable by imprisonment in the Texas

Department of Criminal Justice for life; or

(2) [ barters property or expends funds the person

knows are derived from the commission of an offense under Section

481.121(a) that is punishable under Section 481.121(b)(5);

[ (3) ] barters property or finances or invests funds

the person knows or believes are intended to further the commission

of an offense for which the punishment is described by Subdivision

(1)[ ; or

[ (4) barters property or finances or invests funds the

person knows or believes are intended to further the commission of

an offense under Section 481.121(a) that is punishable under

Section 481.121(b)(5) ].

(b) An offense under this section [ Subsection (a)(1) or (3) ]

is a felony of the first degree. [ An offense under Subsection

(a)(2) or (4) is a felony of the second degree. ]

SECTION 43. Section 481.133(c), Health and Safety Code, is

amended to read as follows:

(c) In this section, "drug test" means a lawfully

administered test designed to detect the presence of a controlled

substance [ or marihuana ].

SECTION 44. Sections 481.134(b), (c), (d), (e), and (f),

Health and Safety Code, are amended to read as follows:

(b) An offense otherwise punishable as a state jail felony

under Section 481.112, 481.1121, 481.1123, 481.113, or 481.114[ , or

481.120 ] is punishable as a felony of the third degree, an offense

otherwise punishable as a felony of the third degree under any of

those sections is punishable as a felony of the second degree, and

an offense otherwise punishable as a felony of the second degree

under any of those sections is punishable as a felony of the first

degree, if it is shown at the punishment phase of the trial of the

offense that the offense was committed:

(1) in, on, or within 1,000 feet of premises owned,

rented, or leased by an institution of higher learning, the

premises of a public or private youth center, or a playground;

(2) in, on, or within 300 feet of the premises of a

public swimming pool or video arcade facility; 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.

(c) The minimum term of confinement or imprisonment for an

offense otherwise punishable under Section 481.112(c), (d), (e), or

(f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c), (d), (e), or

(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),

481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d),

or (e), [ 481.1161(b)(4), (5), or (6), ] 481.117(c), (d), or (e), or

481.118(c), (d), or (e)[ , 481.120(b)(4), (5), or (6), or

481.121(b)(4), (5), or (6) ] is increased by five years and the

maximum fine for the offense is doubled if it is shown on the trial

of the offense that the offense was committed:

(1) in, on, or within 1,000 feet of the premises of a

school, 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.

(d) An offense otherwise punishable under Section

481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),

481.1151(b)(1), or 481.116(b)[ , 481.1161(b)(3), 481.120(b)(3), or

481.121(b)(3) ] is a felony of the third degree 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;

(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.

(e) An offense otherwise punishable under Section

481.117(b) or [ , ] 481.119(a)[ , 481.120(b)(2), or 481.121(b)(2) ] is

a state jail felony 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;

(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.

(f) An offense otherwise punishable under Section

481.118(b) or [ , ] 481.119(b)[ , 481.120(b)(1), or 481.121(b)(1) ] is

a 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;

(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 45. Section 481.140(a), Health and Safety Code, is

amended to read as follows:

(a) If it is shown at the punishment phase of the trial of an

offense otherwise punishable as a state jail felony, felony of the

third degree, or felony of the second degree under Section 481.112,

481.1121, 481.1123, 481.113, 481.114, [ 481.120, ] or 481.122 that

the defendant used or attempted to use a child younger than 18 years

of age to commit or assist in the commission of the offense, the

punishment is increased by one degree, unless the defendant used or

threatened to use force against the child or another to gain the

child's assistance, in which event the punishment for the offense

is a felony of the first degree.

SECTION 46. Section 481.151(1), Health and Safety Code, is

amended to read as follows:

(1) "Controlled substance property" means a

controlled substance, mixture containing a controlled substance,

controlled substance analogue, counterfeit controlled substance,

[ drug paraphernalia, ] chemical precursor, chemical laboratory

apparatus, or raw material.

SECTION 47. 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) or (2), ] 481.117(b),

or 481.118(b), [ or 481.121(b)(1) 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 48. 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) or (2), ] 481.117(b),

or 481.118(b), [ or 481.121(b)(1) 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 49. Section 490.001(3), Health and Safety Code, is

amended to read as follows:

(3) "Investigational drug, biological product, or

device" means a drug, biological product, or device that has

successfully completed phase one of a clinical trial but the United

States Food and Drug Administration or its international equivalent

has not yet approved for general use and that remains under

investigation in the clinical trial. [ The term does not include

low-THC cannabis, as defined by Section 169.001, Occupations Code,

or a product containing marihuana, as defined by Section 481.002,

regardless of whether the cannabis or product successfully

completed phase one of a clinical trial. ]

SECTION 50. Section 31.0031(d), Human Resources Code, is

amended to read as follows:

(d) The responsibility agreement shall require that:

(1) the parent of a dependent child cooperate with the

commission and the Title IV-D agency if necessary to establish the

paternity of the dependent child and to establish or enforce child

support;

(2) if adequate and accessible providers of the

services are available in the geographic area and subject to the

availability of funds, each dependent child, as appropriate,

complete early and periodic screening, diagnosis, and treatment

checkups on schedule and receive the immunization series prescribed

by Section 161.004, Health and Safety Code, unless the child is

exempt under that section;

(3) each adult recipient, or teen parent recipient who

has completed the requirements regarding school attendance in

Subdivision (6), not voluntarily terminate paid employment of at

least 30 hours each week without good cause in accordance with rules

adopted by the executive commissioner;

(4) each adult recipient for whom a needs assessment

is conducted participate in an activity to enable that person to

become self-sufficient by:

(A) continuing the person's education or

becoming literate;

(B) entering a job placement or employment skills

training program;

(C) serving as a volunteer in the person's

community; or

(D) serving in a community work program or other

work program approved by the commission;

(5) each caretaker relative or parent receiving

assistance not use, sell, or possess [ marihuana or ] a controlled

substance in violation of Chapter 481, Health and Safety Code, or

abuse alcohol;

(6) each dependent child younger than 18 years of age

or teen parent younger than 19 years of age attend school regularly,

unless the child has a high school diploma or high school

equivalency certificate or is specifically exempted from school

attendance under Section 25.086, Education Code;

(7) each recipient comply with commission rules

regarding proof of school attendance; and

(8) each recipient attend appropriate parenting

skills training classes, as determined by the needs assessment.

SECTION 51. Section 1355.006, Insurance Code, is amended to

read as follows:

Sec. 1355.006. COVERAGE FOR CERTAIN CONDITIONS RELATED TO

CONTROLLED SUBSTANCE [ OR MARIHUANA ] NOT REQUIRED. (a) In this

section, "controlled substance" has [ and "marihuana" have ] the

meaning [ meanings ] assigned by Section 481.002, Health and Safety

Code.

(b) This subchapter does not require a group health benefit

plan to provide coverage for the treatment of:

(1) addiction to a controlled substance [ or marihuana ]

that is used in violation of law; or

(2) mental illness that results from the use of a

controlled substance [ or marihuana ] in violation of law.

SECTION 52. Section 551.004(a), Occupations Code, is

amended to read as follows:

(a) This subtitle does not apply to:

(1) a practitioner licensed by the appropriate state

board who supplies a patient of the practitioner with a drug in a

manner authorized by state or federal law and who does not operate a

pharmacy for the retailing of prescription drugs;

(2) a member of the faculty of a college of pharmacy

recognized by the board who is a pharmacist and who performs the

pharmacist's services only for the benefit of the college;

(3) a person who procures prescription drugs for

lawful research, teaching, or testing and not for resale; or

(4) a home and community support services agency that

possesses a dangerous drug as authorized by Section 142.0061,

142.0062, or 142.0063, Health and Safety Code[ ; or

[ (5) a dispensing organization, as defined by Section

487.001, Health and Safety Code, that cultivates, processes, and

dispenses low-THC cannabis, as authorized by Chapter 487, Health

and Safety Code, to a patient listed in the compassionate-use

registry established under that chapter ].

SECTION 53. Section 71.023(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person, as part of the

identifiable leadership of a criminal street gang or foreign

terrorist organization, knowingly finances, directs, or supervises

the commission of, or a conspiracy to commit, one or more of the

following offenses by members of a criminal street gang or foreign

terrorist organization:

(1) a felony offense that is listed in Article

42A.054(a), Code of Criminal Procedure;

(2) a felony offense for which it is shown that a

deadly weapon, as defined by Section 1.07, was used or exhibited

during the commission of the offense or during immediate flight

from the commission of the offense; or

(3) an offense that is punishable under Section

481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), or

481.115(f), [ or 481.120(b)(6), ] Health and Safety Code.

SECTION 54. 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 occurred

before that date.

SECTION 55. This Act takes effect September 1, 2025.