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.