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A BILL TO BE ENTITLED
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AN ACT
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re |
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lating to delivery of a controlled substance; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 481.1221, Health and Saftey Code, is |
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amended by adding Sec. 481.1221. |
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Sec. 481.1221. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE TO |
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CHILD. (a) A person commits an offense if the person knowingly |
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delivers a controlled substance listed in a schedule by an action of |
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the commissioner under this chapter but not listed in a penalty |
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group to a person: |
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(1) who is a child; |
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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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(b) An offense under this section is a state jail felony. |
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(c) In this section, "child" means a person younger than 18 |
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years of age. |
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(d) If conduct that is an offense under this section is also |
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an offense under another section of this chapter, the actor may be |
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prosecuted under either section or both. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |