By: Shelley S.B. No. 1038
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment provided for possession for personal use
1-2 of substances in Penalty Group I.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 481.115, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (b) An offense under Subsection (a) is a felony of the
1-7 second degree if the amount of the controlled substance possessed
1-8 is, by aggregate weight, including adulterants or dilutants, less
1-9 than 28 grams, unless the amount of the controlled substance
1-10 possessed is, by aggregate weight, including adulterants and
1-11 dilutants, shown to be less than one-tenth of one gram and the
1-12 controlled substance is contained in or deposited on one or more
1-13 pieces of drug paraphernalia, as that term is defined in Section
1-14 481.002(17), and is recovered or seized under such conditions as
1-15 would indicate by a preponderance of the evidence that the
1-16 controlled substance was used or intended to be used for the
1-17 personal use, ingestion, or consumption of the person charged with
1-18 the offense, in which event it is a felony of the third degree.
1-19 SECTION 2. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended,
2-1 and that this Act take effect and be in force from and after its
2-2 passage, and it is so enacted.