By Luna S.B. No. 660
74R4171 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of drug paraphernalia.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 481.002(17), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (17) "Drug paraphernalia" means equipment, a product,
1-7 or material that is used or intended for use in planting,
1-8 propagating, cultivating, growing, harvesting, manufacturing,
1-9 compounding, converting, producing, processing, preparing, testing,
1-10 analyzing, packaging, repackaging, storing, containing, or
1-11 concealing a controlled substance in violation of this chapter or
1-12 in injecting, ingesting, inhaling, or otherwise introducing into
1-13 the human body a controlled substance in violation of this chapter.
1-14 The term does not include a hypodermic syringe or needle. The term
1-15 includes:
1-16 (A) a kit used or intended for use in planting,
1-17 propagating, cultivating, growing, or harvesting a species of plant
1-18 that is a controlled substance or from which a controlled substance
1-19 may be derived;
1-20 (B) a material, compound, mixture, preparation,
1-21 or kit used or intended for use in manufacturing, compounding,
1-22 converting, producing, processing, or preparing a controlled
1-23 substance;
1-24 (C) an isomerization device used or intended for
2-1 use in increasing the potency of a species of plant that is a
2-2 controlled substance;
2-3 (D) testing equipment used or intended for use
2-4 in identifying or in analyzing the strength, effectiveness, or
2-5 purity of a controlled substance;
2-6 (E) a scale or balance used or intended for use
2-7 in weighing or measuring a controlled substance;
2-8 (F) a diluent or adulterant, such as quinine
2-9 hydrochloride, mannitol, mannite, dextrose, or lactose, used or
2-10 intended for use in cutting a controlled substance;
2-11 (G) a separation gin or sifter used or intended
2-12 for use in removing twigs and seeds from or in otherwise cleaning
2-13 or refining marihuana;
2-14 (H) a blender, bowl, container, spoon, or mixing
2-15 device used or intended for use in compounding a controlled
2-16 substance;
2-17 (I) a capsule, balloon, envelope, or other
2-18 container used or intended for use in packaging small quantities of
2-19 a controlled substance;
2-20 (J) a container or other object used or intended
2-21 for use in storing or concealing a controlled substance; and
2-22 (K) <a hypodermic syringe, needle, or other
2-23 object used or intended for use in parenterally injecting a
2-24 controlled substance into the human body; and>
2-25 <(L)> an object used or intended for use in
2-26 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
2-27 hashish, or hashish oil into the human body, including:
3-1 (i) a metal, wooden, acrylic, glass,
3-2 stone, plastic, or ceramic pipe with or without a screen, permanent
3-3 screen, hashish head, or punctured metal bowl;
3-4 (ii) a water pipe;
3-5 (iii) a carburetion tube or device;
3-6 (iv) a smoking or carburetion mask;
3-7 (v) a chamber pipe;
3-8 (vi) a carburetor pipe;
3-9 (vii) an electric pipe;
3-10 (viii) an air-driven pipe;
3-11 (ix) a chillum;
3-12 (x) a bong; or
3-13 (xi) an ice pipe or chiller.
3-14 SECTION 2. An offense under Section 481.125, Health and
3-15 Safety Code, arising from the use, possession, delivery, or
3-16 manufacture of a hypodermic syringe, needle, or other object used
3-17 or intended for use in parenterally injecting a controlled
3-18 substance into the human body may not be prosecuted after the
3-19 effective date of this Act. If on the effective date of this Act a
3-20 criminal action is pending for such an offense under Section
3-21 481.125, the action is dismissed on that date. However, a final
3-22 conviction for such an offense under Section 481.125 that exists on
3-23 the effective date of this Act is unaffected by this Act.
3-24 SECTION 3. This Act takes effect September 1, 1995.
3-25 SECTION 4. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.