79R14531 JD-F


By:  Guillen, et al.                                              H.B. No. 502

Substitute the following for H.B. No. 502:                                    

By:  Frost                                                    C.S.H.B. No. 502



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting a person from offering to deliver or 
delivering, or offering to purchase or purchasing, a substance or 
device with the intent to falsify a drug test.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 481.133(a)-(c), Health and Safety Code, 
are amended to read as follows:
	(a)  A person commits an offense if the person knowingly [or 
intentionally] uses, [or] possesses with intent to use, offers to 
purchase, or purchases any substance or device designed to falsify 
drug test results.
	(b)  A person commits an offense if the person knowingly 
offers to deliver, [or intentionally] delivers, possesses with 
intent to deliver, or manufactures with intent to deliver a 
substance or device designed to falsify drug test results.
	(c)  In this section, "drug test" means a lawfully 
administered test designed to detect the presence of:
		(1)  a controlled substance or marihuana;                       
		(2)  a dangerous drug, as defined by Section 483.001; 
or             
		(3)  an abusable volatile chemical, as defined by 
Section 485.001.   
	SECTION 2.  This Act takes effect September 1, 2005.