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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of the defense to prosecution for |
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certain offenses involving possession of small amounts of |
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controlled substances, marihuana, dangerous drugs, or abusable |
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volatile chemicals, or possession of drug paraphernalia for |
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defendants seeking assistance for a suspected overdose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Sections 481.115(h) and (i); |
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(2) Sections 481.1151(d) and (e); |
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(3) Sections 481.116(g) and (h); |
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(4) Sections 481.1161(d) and (e); |
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(5) Sections 481.117(g) and (h); |
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(6) Sections 481.118(g) and (h); |
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(7) Sections 481.119(d) and (e); |
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(8) Sections 481.121(d) and (e); |
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(9) Sections 481.125(h) and (i); |
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(10) Sections 483.041(f) and (g); and |
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(11) Sections 485.031(d) and (e). |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |