78R4694 AKH-D

By:  Dutton                                                       H.B. No. 715



A BILL TO BE ENTITLED

AN ACT

relating to the penalty for possession of one ounce or less of 
marihuana.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 481.121, Health and Safety Code, is 
amended by amending Subsection (b) and adding Subsection (c) to 
read as follows:
	(b)  An offense under Subsection (a) is:                                       
		(1)  a Class C misdemeanor if the amount of marihuana 
possessed is one ounce or less;
		(2)  a Class B misdemeanor if the amount of marihuana 
possessed is two ounces or less but more than one ounce;
		(3) [(2)]  a Class A misdemeanor if the amount of 
marihuana possessed is four ounces or less but more than two ounces;
		(4) [(3)]  a state jail felony if the amount of 
marihuana possessed is five pounds or less but more than four 
ounces;
		(5) [(4)]  a felony of the third degree if the amount of 
marihuana possessed is 50 pounds or less but more than 5 pounds;
		(6) [(5)]  a felony of the second degree if the amount 
of marihuana possessed is 2,000 pounds or less but more than 50 
pounds; and
		(7) [(6)]  punishable by imprisonment in the 
institutional division of the Texas Department of Criminal Justice 
for life or for a term of not more than 99 years or less than 5 
years, and a fine not to exceed $50,000, if the amount of marihuana 
possessed is more than 2,000 pounds.
	(c)  Notwithstanding any other law, a person's driver's 
license may not be suspended and is not automatically suspended on 
final conviction of an offense punishable under Subsection (b)(1).
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003.
	(c)  An offense committed before September 1, 2003, is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before September 1, 2003, if 
any element of the offense was committed before that date.