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A BILL TO BE ENTITLED
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AN ACT
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relating to a civil penalty for possession of certain small amounts |
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of marihuana and an exception to prosecution for possession of |
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associated drug paraphernalia. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.121(b), Health and Safety Code, is |
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amended to read as follows: |
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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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possessed is two ounces or less but more than one ounce; |
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(2) a Class A misdemeanor if the amount of marihuana |
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possessed is four ounces or less but more than two ounces; |
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(3) a state jail felony if the amount of marihuana |
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possessed is five pounds or less but more than four ounces; |
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(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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(5) a felony of the second degree if the amount of |
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marihuana possessed is 2,000 pounds or less but more than 50 pounds; |
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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 5 years, and a fine not to exceed $50,000, if the amount |
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of marihuana possessed is more than 2,000 pounds. |
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SECTION 2. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.1211 to read as follows: |
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Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF |
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MARIHUANA. (a) A person who knowingly or intentionally possesses a |
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usable quantity of marihuana in an amount that is one ounce or less |
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is liable to the state for a civil penalty not to exceed $100. |
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(b) The imposition of a civil penalty under this section is |
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not a conviction and may not be considered a conviction for any |
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purpose. |
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(c) A peace officer may not make an arrest solely because of |
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a violation of this section. A peace officer shall issue to a |
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person who violates this section a citation that contains written |
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notice of the time and place the person must appear before a justice |
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court, the name and address of the person charged, and the civil |
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violation charged. |
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(d) The district or county attorney of the county in which |
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the conduct described by Subsection (a) is alleged to have occurred |
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shall bring an action in the justice court of the county to collect |
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the civil penalty of a person who receives a citation under this |
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section. |
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(e) The court may waive or reduce the civil penalty if: |
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(1) the person subject to a civil penalty under this |
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section attends a program that provides education in substance |
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abuse and is approved by the Department of State Health Services or |
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the Texas Department of Public Safety; or |
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(2) the person performs not more than 10 hours of |
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community service, as recommended by the court. |
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(f) Law enforcement shall seize any marihuana in possession |
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of a person subject to a civil penalty under this section and |
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preserve the marihuana as if the marihuana were evidence of an |
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offense under this chapter pending the final resolution of a civil |
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proceeding under this section and any available appeal. After |
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final resolution of the civil proceeding and any available appeal, |
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any marihuana seized is subject to forfeiture and shall be disposed |
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of in accordance with Section 481.159. |
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(g) The identity of a person cited or found liable for a |
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civil penalty under this section is confidential information under |
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Section 552.101, Government Code. |
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SECTION 3. Section 481.125, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is an exception to the application of this section |
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that drug paraphernalia was knowingly or intentionally used, |
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possessed, or delivered solely in furtherance of a violation of |
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Section 481.1211. |
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SECTION 4. The changes in law made by this Act apply only to |
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a violation of law that occurs on or after the effective date of |
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this Act. A violation that occurs before the effective date of this |
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Act is governed by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, a violation of law occurred |
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before the effective date of this Act if any element of the |
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violation occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |