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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; increasing a |
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criminal penalty. |
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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 actor: |
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(1) was 18 years of age or older at the time of the |
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offense; and |
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(2) delivered a controlled substance described by that |
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subsection to: |
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(A) a person who, at the time of the offense, was: |
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(i) younger than 18 years of age; or |
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(ii) enrolled in a public or private |
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primary or secondary school; or |
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(B) a person that the actor knew or believed |
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intended to deliver the controlled substance to a person described |
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by Paragraph (A). |
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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, 2015. |