By Wilson                                             H.B. No. 1028
         Substitute the following for H.B. No. 1028:
         By Hinojosa                                       C.S.H.B. No. 1028
                                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, Health and Safety Code, is
 1-5     amended by amending Subsection (b) to read as follows:
 1-6           (b)  An offense under Subsection (a) is:
 1-7                 (1)  a Class C [B] misdemeanor if the amount of
 1-8     marihuana possessed is two ounces or less;
 1-9                 (2)  a Class A misdemeanor if the amount of marihuana
1-10     possessed is four ounces or less but more than two ounces;
1-11                 (3)  a state jail felony if the amount of marihuana is
1-12     five pounds or less but more than four ounces;
1-13                 (4)  a felony of the third degree if the amount of
1-14     marihuana possessed is 50 pounds or less but more than 5 pounds;
1-15                 (5)  a felony of the second degree if the amount of
1-16     marihuana possessed is 2,000 pounds or less but more than 50
1-17     pounds; and
1-18                 (6)  punishable by imprisonment in the institutional
1-19     division of the Texas Department of Criminal Justice for life or
1-20     for a term of not more than 99 years or less than 5 years, and a
1-21     fine not to exceed $50,000, if the amount of marihuana possessed is
1-22     more than 2,000 pounds.
1-23           SECTION 2. Article 42.12, Code of Criminal Procedure, is
1-24     amended by adding Section 13E to read as follows:
 2-1           Sec. 13E.  COMMUNITY SUPERVISION FOR DEFENDANTS CONVICTED OF
 2-2     POSSESSION OF MARIHUANA. (a)  A court granting community
 2-3     supervision to a defendant convicted three or more times within a
 2-4     two-year period of an offense under Section 481.121, Health and
 2-5     Safety Code, shall require as a condition of community supervision
 2-6     that the defendant attend an education, treatment, or
 2-7     rehabilitation program for drug offenders as specified or approved
 2-8     by the judge or the community supervision and corrections
 2-9     department officer supervising the defendant.
2-10           SECTION 3.  (a)  The change in law made by this Act applies
2-11     only to an offense committed on or after the effective date of this
2-12     Act.  For purposes of this section, an offense is committed before
2-13     the effective date of this Act if any element of the offense occurs
2-14     before the effective date.
2-15           (b)  An offense committed before the effective date of this
2-16     Act is covered by the law in effect when the offense was committed,
2-17     and the former law is continued in effect for that purpose.
2-18           SECTION 4. This Act takes effect September 1, 2001.