79R8660 JD-F

By:  Dutton                                                       H.B. No. 2098



A BILL TO BE ENTITLED

AN ACT

relating to the penalty for possession of a small amount of certain 
controlled substances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 481.115(b), Health and Safety Code, is 
amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance 
possessed is, by aggregate weight, including adulterants or 
dilutants, less than one gram.
	SECTION 2.  Section 481.116(b), Health and Safety Code, is 
amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance 
possessed is, by aggregate weight, including adulterants or 
dilutants, less than one gram.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after September 1, 2005.
	(b)  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.
	SECTION 4.  This Act takes effect September 1, 2005.