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.
2-20 * * * * *