1-1  By:  Luna                                              S.B. No. 660
    1-2        (In the Senate - Filed February 20, 1995; February 21, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; April 5, 1995, reported favorably by the following vote:
    1-5  Yeas 5, Nays 4; April 5, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the definition of drug paraphernalia.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Subdivision (17), Section 481.002, Health and
   1-11  Safety Code, is amended to read as follows:
   1-12              (17)  "Drug paraphernalia" means equipment, a product,
   1-13  or material that is used or intended for use in planting,
   1-14  propagating, cultivating, growing, harvesting, manufacturing,
   1-15  compounding, converting, producing, processing, preparing, testing,
   1-16  analyzing, packaging, repackaging, storing, containing, or
   1-17  concealing a controlled substance in violation of this chapter or
   1-18  in injecting, ingesting, inhaling, or otherwise introducing into
   1-19  the human body a controlled substance in violation of this chapter.
   1-20  The term does not include a hypodermic syringe or needle.  The term
   1-21  includes:
   1-22                    (A)  a kit used or intended for use in planting,
   1-23  propagating, cultivating, growing, or harvesting a species of plant
   1-24  that is a controlled substance or from which a controlled substance
   1-25  may be derived;
   1-26                    (B)  a material, compound, mixture, preparation,
   1-27  or kit used or intended for use in manufacturing, compounding,
   1-28  converting, producing, processing, or preparing a controlled
   1-29  substance;
   1-30                    (C)  an isomerization device used or intended for
   1-31  use in increasing the potency of a species of plant that is a
   1-32  controlled substance;
   1-33                    (D)  testing equipment used or intended for use
   1-34  in identifying or in analyzing the strength, effectiveness, or
   1-35  purity of a controlled substance;
   1-36                    (E)  a scale or balance used or intended for use
   1-37  in weighing or measuring a controlled substance;
   1-38                    (F)  a diluent or adulterant, such as quinine
   1-39  hydrochloride, mannitol, mannite, dextrose, or lactose, used or
   1-40  intended for use in cutting a controlled substance;
   1-41                    (G)  a separation gin or sifter used or intended
   1-42  for use in removing twigs and seeds from or in otherwise cleaning
   1-43  or refining marihuana;
   1-44                    (H)  a blender, bowl, container, spoon, or mixing
   1-45  device used or intended for use in compounding a controlled
   1-46  substance;
   1-47                    (I)  a capsule, balloon, envelope, or other
   1-48  container used or intended for use in packaging small quantities of
   1-49  a controlled substance;
   1-50                    (J)  a container or other object used or intended
   1-51  for use in storing or concealing a controlled substance; and
   1-52                    (K)  <a hypodermic syringe, needle, or other
   1-53  object used or intended for use in parenterally injecting a
   1-54  controlled substance into the human body; and>
   1-55                    <(L)>  an object used or intended for use in
   1-56  ingesting, inhaling, or otherwise introducing marihuana, cocaine,
   1-57  hashish, or hashish oil into the human body, including:
   1-58                          (i)  a metal, wooden, acrylic, glass,
   1-59  stone, plastic, or ceramic pipe with or without a screen, permanent
   1-60  screen, hashish head, or punctured metal bowl;
   1-61                          (ii)  a water pipe;
   1-62                          (iii)  a carburetion tube or device;
   1-63                          (iv)  a smoking or carburetion mask;
   1-64                          (v)  a chamber pipe;
   1-65                          (vi)  a carburetor pipe;
   1-66                          (vii)  an electric pipe;
   1-67                          (viii)  an air-driven pipe;
   1-68                          (ix)  a chillum;
    2-1                          (x)  a bong; or
    2-2                          (xi)  an ice pipe or chiller.
    2-3        SECTION 2.  An offense under Section 481.125, Health and
    2-4  Safety Code, arising from the use, possession, delivery, or
    2-5  manufacture of a hypodermic syringe, needle, or other object used
    2-6  or intended for use in parenterally injecting a controlled
    2-7  substance into the human body may not be prosecuted after the
    2-8  effective date of this Act.  If on the effective date of this Act a
    2-9  criminal action is pending for such an offense under Section
   2-10  481.125, Health and Safety Code, the action is dismissed on that
   2-11  date.  However, a final conviction for such an offense under
   2-12  Section 481.125, Health and Safety Code, that exists on the
   2-13  effective date of this Act is unaffected by this Act.
   2-14        SECTION 3.  This Act takes effect September 1, 1995.
   2-15        SECTION 4.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.
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