77R11619 YDB-F                           
         By Kitchen                                            H.B. No. 3384
         Substitute the following for H.B. No. 3384:
         By Kitchen                                        C.S.H.B. No. 3384
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for the offense of the use or possession
 1-3     of drug paraphernalia.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 481.125(d), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (d)  An offense under Subsection (a) is a Class C
 1-8     misdemeanor, unless it is shown on the trial of the defendant that
 1-9     the defendant has been convicted under that subsection three or
1-10     more times within the 24 months preceding the date of commission of
1-11     the instant offense, in which event the offense is punishable as a
1-12     Class B misdemeanor.
1-13           SECTION 2.  Section 15A, Article 42.12, Code of Criminal
1-14     Procedure, is amended to read as follows:
1-15           Sec. 15A.  ENHANCED DISORDERLY CONDUCT, [AND] PUBLIC
1-16     INTOXICATION, AND USE OR POSSESSION OF DRUG PARAPHERNALIA OFFENSES.
1-17     (a)  Except as provided by Subsection (b) or (c), on conviction of
1-18     an offense for which punishment is enhanced under  Section
1-19     12.43(c), Penal Code, or Section 481.125(d), Health and Safety
1-20     Code, the court shall suspend the imposition of the sentence and
1-21     place the defendant on community supervision.  The judge may
1-22     suspend in whole or in part the imposition of any fine imposed on
1-23     conviction.  All provisions of this article applying to a defendant
1-24     placed on community supervision for a misdemeanor apply to a
 2-1     defendant placed on community supervision under this section,
 2-2     except that the court shall require the defendant as a condition of
 2-3     community supervision to:
 2-4                 (1)  submit to diagnostic testing for addiction to
 2-5     alcohol or a controlled substance or drug;
 2-6                 (2)  submit to a psychological assessment;
 2-7                 (3)  if indicated as necessary by testing and
 2-8     assessment, participate in an alcohol or drug abuse treatment or
 2-9     education program; and
2-10                 (4)  pay the costs of testing, assessment, and
2-11     treatment or education, either directly or as a court cost.
2-12           (b)  Subsection (a) does not apply if it is shown at the
2-13     punishment phase of a trial in which punishment is enhanced under
2-14     Section 12.43(c), Penal Code, that the defendant had previously
2-15     been convicted of an offense for which punishment was enhanced
2-16     under Section 12.43(c), Penal Code.
2-17           (c)  Subsection (a) does not apply if it is shown at the
2-18     punishment phase of a trial in which punishment is enhanced under
2-19     Section 481.125(d), Health and Safety Code, that the defendant had
2-20     previously been convicted of an offense for which punishment was
2-21     enhanced under Section 481.125(d), Health and Safety Code.
2-22           SECTION 3.  This Act takes effect September 1, 2001.
2-23           SECTION 4.  (a)  The change in law made by this Act applies
2-24     only to an offense committed on or after the effective date of this
2-25     Act.  For purposes of this section, an offense is committed before
2-26     the effective date of this Act if any element of the offense occurs
2-27     before the effective date.
 3-1           (b)  An offense committed before the effective date of this
 3-2     Act is covered by the law in effect when the offense was committed,
 3-3     and the former law is continued in effect for that purpose.