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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for delivery of certain miscellaneous |
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substances under the Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.119, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A person commits an offense if the person knowingly |
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manufactures, delivers, or possesses with intent to deliver a |
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controlled substance listed in a schedule by an action of the |
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commissioner under this chapter but not listed in a penalty group. |
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Except as provided by Subsection (c), an [An] offense under this |
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subsection is a Class A misdemeanor. |
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(c) An offense under Subsection (a) is a state jail felony |
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if the person delivers a controlled substance described by that |
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subsection to a person: |
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(1) who is younger than 18 years of age; |
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(2) who is enrolled in a public or private primary or |
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secondary school; or |
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(3) who the actor knows or believes intends to deliver |
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the controlled substance to a person described by Subdivision (1) |
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or (2). |
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SECTION 2. 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 3. This Act takes effect September 1, 2013. |