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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of delivery of marihuana |
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or possession with the intent to deliver marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.120, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA OR POSSESSION |
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WITH THE INTENT TO DELIVER MARIHUANA. (a) Except as authorized by |
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this chapter, a person commits an offense if the person knowingly |
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[or intentionally] delivers or possesses with the intent to deliver |
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marihuana. |
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(b) An offense under Subsection (a) is: |
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(1) [a Class B misdemeanor if the amount of marihuana
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delivered is one-fourth ounce or less and the person committing the
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offense does not receive remuneration for the marihuana;
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[(2)] a Class A misdemeanor if the amount of marihuana |
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[delivered] is two ounces [one-fourth ounce] or less [and the
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person committing the offense receives remuneration for the
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marihuana]; |
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(2) [(3)] a state jail felony if the amount of |
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marihuana [delivered] is four ounces or less but more than two |
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ounces; |
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(3) a felony of the third degree if the amount of |
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marihuana is five pounds or less but more than four ounces |
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[one-fourth ounce]; |
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(4) a felony of the second degree if the amount of |
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marihuana [delivered] is 50 pounds or less but more than five |
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pounds; |
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(5) a felony of the first degree if the amount of |
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marihuana [delivered] is 2,000 pounds or less but more than 50 |
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pounds; and |
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(6) punishable by imprisonment in the Texas Department |
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of Criminal Justice for life or for a term of not more than 99 years |
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or less than 10 years, and a fine not to exceed $100,000, if the |
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amount of marihuana [delivered] is more than 2,000 pounds. |
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SECTION 2. Sections 481.134(d), (e), and (f), Health and |
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Safety Code, are amended to read as follows: |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), |
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481.1161(b)(3), 481.120(b)(2) [481.120(b)(3)], or 481.121(b)(3) is |
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a felony of the third degree if it is shown on the trial of the |
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offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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(e) An offense otherwise punishable under Section |
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481.117(b), 481.119(a), 481.120(b)(1) [481.120(b)(2)], or |
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481.121(b)(2) is a state jail felony if it is shown on the trial of |
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the offense that the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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(f) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), [481.120(b)(1),] or 481.121(b)(1) is a |
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Class A misdemeanor if it is shown on the trial of the offense that |
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the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |