bill takes test strips off the drug paraphernalia list

The text as introduced · 803 words

By: Bryant
H.B. No. 2126

A BILL TO BE ENTITLED

AN ACT

relating to the definition of drug paraphernalia and the criminal

offense of possession or delivery of drug paraphernalia.

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

SECTION 1. Section 481.002(17), Health and Safety Code, is

amended to read as follows:

(17) "Drug paraphernalia" means equipment, a product,

or material that is used or intended for use in planting,

propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing,

[ testing, analyzing, ] packaging, repackaging, storing, containing,

or concealing a controlled substance in violation of this chapter

or in injecting, ingesting, inhaling, or otherwise introducing into

the human body a controlled substance in violation of this chapter.

The term includes:

(A) a kit used or intended for use in planting,

propagating, cultivating, growing, or harvesting a species of plant

that is a controlled substance or from which a controlled substance

may be derived;

(B) a material, compound, mixture, preparation,

or kit used or intended for use in manufacturing, compounding,

converting, producing, processing, or preparing a controlled

substance;

(C) an isomerization device used or intended for

use in increasing the potency of a species of plant that is a

controlled substance;

(D) [ testing equipment used or intended for use

in identifying or in analyzing the strength, effectiveness, or

purity of a controlled substance;

[ (E) ] a scale or balance used or intended for use

in weighing or measuring a controlled substance;

(E) [ (F) ] a dilutant or adulterant, such as

quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose,

lactose, or absorbent, blotter-type material, that is used or

intended to be used to increase the amount or weight of or to

transfer a controlled substance regardless of whether the dilutant

or adulterant diminishes the efficacy of the controlled substance;

(F) [ (G) ] a separation gin or sifter used or

intended for use in removing twigs and seeds from or in otherwise

cleaning or refining marihuana;

(G) [ (H) ] a blender, bowl, container, spoon, or

mixing device used or intended for use in compounding a controlled

substance;

(H) [ (I) ] a capsule, balloon, envelope, or other

container used or intended for use in packaging small quantities of

a controlled substance;

(I) [ (J) ] a container or other object used or

intended for use in storing or concealing a controlled substance;

and

(J) [ (K) ] a hypodermic syringe, needle, or other

object used or intended for use in parenterally injecting a

controlled substance into the human body; and

(K) [ (L) ] an object used or intended for use in

ingesting, inhaling, or otherwise introducing marihuana, cocaine,

hashish, or hashish oil into the human body, including:

(i) a metal, wooden, acrylic, glass, stone,

plastic, or ceramic pipe with or without a screen, permanent

screen, hashish head, or punctured metal bowl;

(ii) a water pipe;

(iii) a carburetion tube or device;

(iv) a smoking or carburetion mask;

(v) a chamber pipe;

(vi) a carburetor pipe;

(vii) an electric pipe;

(viii) an air-driven pipe;

(ix) a chillum;

(x) a bong; or

(xi) an ice pipe or chiller.

SECTION 2. Section 481.125, Health and Safety Code, is

amended by amending Subsections (a) and (b) to read as follows:

(a) A person commits an offense if the person knowingly or

intentionally uses or possesses with intent to use drug

paraphernalia to plant, propagate, cultivate, grow, harvest,

manufacture, compound, convert, produce, process, prepare, [ test,

analyze, ] pack, repack, store, contain, or conceal a controlled

substance in violation of this chapter or to inject, ingest,

inhale, or otherwise introduce into the human body a controlled

substance in violation of this chapter.

(b) A person commits an offense if the person knowingly or

intentionally delivers, possesses with intent to deliver, or

manufactures with intent to deliver drug paraphernalia knowing that

the person who receives or who is intended to receive the drug

paraphernalia intends that it be used to plant, propagate,

cultivate, grow, harvest, manufacture, compound, convert, produce,

process, prepare, [ test, analyze, ] pack, repack, store, contain, or

conceal a controlled substance in violation of this chapter or to

inject, ingest, inhale, or otherwise introduce into the human body

a controlled substance in violation of this chapter.

SECTION 3. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect at the time the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 4. This Act takes effect September 1, 2025.