By Farabee                                            H.B. No. 2018
         76R5956 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the penalty for possession of marihuana.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 481.121(b), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (b)  An offense under Subsection (a) is:
 1-7                 (1)  a Class B misdemeanor if the amount of marihuana
 1-8     possessed is two ounces or less, except as provided by Subdivision
 1-9     (3);
1-10                 (2)  a Class A misdemeanor if the amount of marihuana
1-11     possessed is four ounces or less but more than two ounces, except
1-12     as provided by Subdivision (3);
1-13                 (3)  a state jail felony if the amount of marihuana
1-14     possessed is:
1-15                       (A)  five pounds or less but more than four
1-16     ounces; or
1-17                       (B)  four ounces or less, if it is shown on the
1-18     trial of the offense that the person has been previously convicted
1-19     two or more times of an offense under this section, Section
1-20     481.120, or Section 481.122 or any combination of those offenses;
1-21                 (4)  a felony of the third degree if the amount of
1-22     marihuana possessed is 50 pounds or less but more than 5 pounds;
1-23                 (5)  a felony of the second degree if the amount of
1-24     marihuana possessed is 2,000 pounds or less but more than 50
 2-1     pounds; and
 2-2                 (6)  punishable by imprisonment in the institutional
 2-3     division of the Texas Department of Criminal Justice for life or
 2-4     for a term of not more than 99 years or less than 5 years, and a
 2-5     fine not to exceed $50,000, if the amount of marihuana possessed is
 2-6     more than 2,000 pounds.
 2-7           SECTION 2.  The change in law made by this Act applies only
 2-8     to an offense committed on or after the effective date of this Act.
 2-9     An offense committed before the effective date of this Act is
2-10     covered by the law in effect when the offense was committed, and
2-11     the former law is continued in effect for that purpose.  For
2-12     purposes of this section, an offense was committed before the
2-13     effective date of this Act if any element of the offense occurred
2-14     before that date.
2-15           SECTION 3.  This Act takes effect September 1, 1999.
2-16           SECTION 4.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.