By Nixon                                              H.B. No. 1509
       74R6144 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the penalty for knowingly or intentionally
    1-3  manufacturing, delivering, or possessing with intent to manufacture
    1-4  or deliver less than one gram of certain controlled substances.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 481.112(b), Health and Safety Code, is
    1-7  amended to read as follows:
    1-8        (b)  An offense under Subsection (a) is a <state jail> felony
    1-9  of the third degree if the amount of the controlled substance to
   1-10  which the offense applies is, by aggregate weight, including
   1-11  adulterants or dilutants, less than one gram.
   1-12        SECTION 2.  Section 481.113(b), Health and Safety Code, is
   1-13  amended to read as follows:
   1-14        (b)  An offense under Subsection (a) is a <state jail> felony
   1-15  of the third degree if the amount of the controlled substance to
   1-16  which the offense applies is, by aggregate weight, including
   1-17  adulterants or dilutants, less than one gram.
   1-18        SECTION 3.  Section 15(d), Article 42.12, Code of Criminal
   1-19  Procedure, as added by Section 4.01, Chapter 900, Acts of the 73rd
   1-20  Legislature, 1993, is amended to read as follows:
   1-21        (d)  A judge may impose as a condition of community
   1-22  supervision that a defendant submit at the beginning of the period
   1-23  of community supervision to a term of confinement in a state jail
   1-24  felony facility for a term not to exceed 60 days, or 180 days if
    2-1  the defendant previously has been convicted of a felony, or one
    2-2  year if the defendant <is convicted of an offense punishable as a
    2-3  state jail felony under Section 481.112, Health and Safety Code, or
    2-4  the defendant> previously has been convicted of two or more
    2-5  felonies.  A judge may not require a defendant to submit to both
    2-6  the term of confinement authorized by this subsection and a term of
    2-7  confinement under Section 12 of this article.  For the purposes of
    2-8  this subsection, a defendant previously has been convicted of a
    2-9  felony regardless of whether the sentence for the previous
   2-10  conviction was actually imposed or was probated and suspended.
   2-11        SECTION 4.  This Act takes effect September 1, 1995.
   2-12        SECTION 5.  (a)  The change in law made by this Act applies
   2-13  only to an offense committed on or after the effective date of this
   2-14  Act.  For the purposes of this section, an offense is committed
   2-15  before the effective date of this Act if any element of the offense
   2-16  occurs before the effective date.
   2-17        (b)  An offense committed before the effective date of this
   2-18  Act is covered by the law in effect when the offense was committed,
   2-19  and the former law is continued in effect for this purpose.
   2-20        SECTION 6.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.