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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties for possession of two ounces or less of |
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marihuana and to the issuance of an occupational driver's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.121, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (c) and |
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(d) to read as follows: |
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(b) An offense under Subsection (a) is: |
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(1) a Class C misdemeanor if the amount of marihuana |
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possessed is one ounce or less, except as provided by Subsection |
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(c); |
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(2) a Class B misdemeanor if the amount of marihuana |
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possessed is two ounces or less but more than one ounce; |
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(3) [(2)] a Class A misdemeanor if the amount of |
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marihuana possessed is four ounces or less but more than two ounces; |
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(4) [(3)] a state jail felony if the amount of |
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marihuana possessed is five pounds or less but more than four |
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ounces; |
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(5) [(4)] a felony of the third degree if the amount of |
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marihuana possessed is 50 pounds or less but more than 5 pounds; |
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(6) [(5)] a felony of the second degree if the amount |
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of marihuana possessed is 2,000 pounds or less but more than 50 |
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pounds; and |
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(7) [(6)] punishable by imprisonment in the Texas |
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Department of Criminal Justice for life or for a term of not more |
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than 99 years or less than 5 years, and a fine not to exceed $50,000, |
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if the amount of marihuana possessed is more than 2,000 pounds. |
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(c) An offense under Subsection (b)(1) is a Class B |
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misdemeanor if it is shown on the trial of the offense that the |
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defendant has been previously convicted under this section three |
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times and each prior offense was committed in the 24 months |
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preceding the date of commission of the instant offense. |
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(d) A defendant convicted of an offense punishable under |
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Subsection (c) is not eligible for community supervision under |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 2. Article 45.051, Code of Criminal Procedure, is |
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amended by adding Subsection (g) to read as follows: |
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(g) This subsection applies only to a defendant charged with |
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an offense under Section 481.121, Health and Safety Code, who is |
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granted a deferral under Subsection (a). In addition to any other |
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requirement, the judge shall, during the deferral period, require |
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that the defendant successfully complete a drug abuse awareness and |
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education program approved by the Department of State Health |
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Services. |
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SECTION 3. Sections 521.242(a), (b), and (e), |
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Transportation Code, are amended to read as follows: |
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(a) A person whose license has been suspended for a cause |
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other than a physical or mental disability or impairment or a |
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conviction under Section 49.04, Penal Code, may apply for an |
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occupational license by filing a verified petition with the clerk |
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of a justice, municipal, [the] county, [court] or district court |
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with jurisdiction that includes [in] the precinct or municipality |
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[county] in which: |
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(1) the person resides; or |
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(2) the offense occurred for which the license was |
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suspended. |
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(b) A person may apply for an occupational license by filing |
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a verified petition only with the clerk of the [county court or
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district] court in which the person was convicted if: |
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(1) the person's license has been automatically |
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suspended or canceled under this chapter for a conviction of an |
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offense under the laws of this state; and |
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(2) the person has not been issued, in the 10 years |
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preceding the date of the filing of the petition, more than one |
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occupational license after a conviction under the laws of this |
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state. |
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(e) The clerk of the court shall file the petition as in any |
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other [civil] matter. |
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SECTION 4. (a) The change in law made by Sections 1 and 2 of |
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this Act applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this subsection, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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(b) The change in law made by Section 3 of this Act applies |
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only to an occupational driver's license that is applied for on or |
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after the effective date of this Act. An occupational driver's |
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license applied for before the effective date of this Act is covered |
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by the law in effect on the date the application was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |