Amend HB 1070 by adding the following appropriately numbered
SECTIONS to read as follows and by renumbering existing SECTIONS
accordingly:
      SECTION ____.  Subchapter D, Chapter 12, Penal Code, is
amended by adding Section 12.48 to read as follows:
      Sec. 12.48.  PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT
OFFENSE.  If the court makes an affirmative finding under Article
42.015, Code of Criminal Procedure, in the punishment phase of the
trial of an offense under Chapter 29, Chapter 31, or Title 5, other
than a first degree felony or a Class A misdemeanor, the punishment
for the offense is increased to the punishment prescribed for the
next highest category of offense. If the offense is a Class A
misdemeanor, the minimum term of confinement for the offense is
increased to 180 days.
      SECTION ____.  Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.015 to read as follows:
      Article 42.015.  FINDING THAT CONTROLLED SUBSTANCE USED TO
COMMIT OFFENSE.  In the punishment phase of the trial of an offense
under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court
determines beyond a reasonable doubt that the defendant
administered or provided a controlled substance to the victim of
the offense with the intent of facilitating the commission of the
offense, the court shall make an affirmative finding of that fact
and enter the affirmative finding in the judgment of that case.