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79R10894 JD-D
By: Dutton H.B. No. 254
Substitute the following for H.B. No. 254:
By: Keel C.S.H.B. No. 254
A BILL TO BE ENTITLED
AN ACT
relating to the penalties for possession of two ounces or less of
marihuana and to the issuance of an occupational driver's license.
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 Subsections (c) and
(d) 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, except as provided by Subsection
(c);
(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) An offense under Subsection (b)(1) is a Class B
misdemeanor if it is shown on the trial of the offense that the
defendant has been before convicted under that section three times
and each prior offense was committed in the 24 months preceding the
date of commission of the instant offense.
(d) A defendant convicted of an offense punishable under
Subsection (c) is not eligible for community supervision under
Article 42.12, Code of Criminal Procedure.
SECTION 2. Article 45.051, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) This subsection applies only to a defendant charged
with an offense under Section 481.121, Health and Safety Code, who
is granted a deferral under Subsection (a). In addition to any
other requirement, the judge shall, during the deferral period,
require that the defendant successfully complete a drug abuse
awareness and education program approved by the Department of State
Health Services.
SECTION 3. Sections 521.242(a), (b), and (e),
Transportation Code, are amended to read as follows:
(a) A person whose license has been suspended for a cause
other than a physical or mental disability or impairment or a
conviction under Section 49.04, Penal Code, may apply for an
occupational license by filing a verified petition with the clerk
of a justice, municipal, [the] county, [court] or district court
with jurisdiction that includes [in] the precinct or municipality
[county] in which:
(1) the person resides; or
(2) the offense occurred for which the license was
suspended.
(b) A person may apply for an occupational license by filing
a verified petition only with the clerk of the [county court or
district] court in which the person was convicted if:
(1) the person's license has been automatically
suspended or canceled under this chapter for a conviction of an
offense under the laws of this state; and
(2) the person has not been issued, in the 10 years
preceding the date of the filing of the petition, more than one
occupational license after a conviction under the laws of this
state.
(e) The clerk of the court shall file the petition as in any
other [civil] matter.
SECTION 4. (a) The change in law made by Sections 1 and 2 of
this Act applies only to an offense committed on or after September
1, 2005. An offense committed before September 1, 2005, 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, 2005, if any
element of the offense was committed before that date.
(b) The change in law made by Section 3 of this Act applies
only to an occupational driver's license that is applied for on or
after September 1, 2005. An occupational driver's license applied
for before September 1, 2005, is covered by the law in effect on the
date the application was filed, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.