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.