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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil and criminal penalties for possession of |
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certain small amounts of marihuana and an exception to prosecution |
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for possession of associated drug paraphernalia; creating a |
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criminal offense. |
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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 Sections 481.1211 and 481.1212 to read as |
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follows: |
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Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF |
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MARIHUANA. (a) Notwithstanding Section 481.121 and except as |
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otherwise provided by Section 481.1212, a person who knowingly or |
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intentionally possesses a usable quantity of marihuana in an amount |
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that is one ounce or less does not commit an offense but is liable to |
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the state for a civil penalty not to exceed $250. |
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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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Sec. 481.1212. OFFENSE: SUBSEQUENT POSSESSION OF SMALL |
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AMOUNT OF MARIHUANA. (a) A person commits an offense if the person: |
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(1) knowingly or intentionally possesses a usable |
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quantity of marihuana in an amount that is one ounce or less; and |
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(2) has previously been assessed a civil penalty three |
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times under Section 481.1211. |
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(b) An offense under this section is a Class C misdemeanor. |
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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 a defense to prosecution under this section that |
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drug paraphernalia was knowingly or intentionally used, possessed, |
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or delivered solely in furtherance of a violation of Section |
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481.1211 or an offense under Section 481.1212. |
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SECTION 4. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.062 to read as follows: |
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Art. 45.062. PROCEEDINGS FOR CERTAIN MARIHUANA POSSESSION |
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VIOLATIONS AND OFFENSES. (a) A peace officer may not make an |
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arrest solely because of a violation of Section 481.1211, Health |
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and Safety Code, regardless of whether the person may be subject to |
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prosecution under Section 481.1212 of that code. A peace officer |
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may issue to a person a citation that contains written notice of the |
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time and place the person must appear before a justice court, the |
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name and address of the person charged, and the violation charged. |
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The citation must notify the person that the person may be subject |
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to prosecution for a Class C misdemeanor under Section 481.1212, |
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Health and Safety Code, if the person has previously been assessed a |
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civil penalty three times under Section 481.1211, Health and Safety |
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Code. |
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(b) The district or county attorney of the county in which |
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the conduct described by Section 481.1211, Health and Safety Code, |
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is alleged to have occurred may: |
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(1) bring an action in the justice court of the county |
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to collect the civil penalty of a person who receives a citation |
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under this section; or |
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(2) charge the person with an offense under Section |
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481.1212, Health and Safety Code, if the person has previously been |
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assessed a civil penalty three times under Section 481.1211 of that |
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code. |
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(c) Except as otherwise provided by this article, a civil |
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action under this article for a violation of Section 481.1211, |
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Health and Safety Code, shall be conducted in the manner provided by |
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this chapter as if an offense were charged. |
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(d) The court may not: |
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(1) issue an arrest warrant under Article 45.014 for a |
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violation of Section 481.1211, Health and Safety Code, or an |
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offense under Section 481.1212 of that code; or |
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(2) require the person who violates Section 481.1211, |
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Health and Safety Code, or commits an offense under Section |
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481.1212 of that code, to give bail under Article 45.016. |
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(e) A citation issued under this article is considered to be |
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a sufficient complaint for purposes of Articles 45.018 and 45.019 |
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if the citation is filed with the court by a district or county |
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attorney. |
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(f) A person liable for a civil penalty under Section |
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481.1211, Health and Safety Code, may not appeal under Article |
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45.042. |
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(g) Before imposing a civil penalty under Section 481.1211, |
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Health and Safety Code, the court shall determine whether the |
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person subject to the penalty is indigent. If the court determines |
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the person is indigent, the court shall waive the penalty and may |
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order the person to complete not more than 10 hours of community |
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service. |
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(h) Subsections (n), (p), and (q) apply to a person for whom |
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a court waives a penalty under Subsection (g). |
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(i) The court may waive or reduce the civil penalty for a |
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person other than a person described by Subsection (g) if: |
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(1) the person subject to a civil penalty under |
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Section 481.1211, Health and Safety Code, attends a program that |
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provides education in substance abuse and is approved by the |
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Department of State Health Services, the Texas Department of |
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Licensing and Regulation, or the Texas Department of Public Safety; |
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or |
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(2) the person performs not more than 10 hours of |
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community service, as ordered by the court. |
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(j) If during a proceeding for a violation of Section |
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481.1211, Health and Safety Code, the court finds that the person |
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has previously been assessed a civil penalty under that section one |
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or two times, the court shall, in addition to assessing a civil |
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penalty, order the person to attend a program that provides |
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education in substance abuse and is approved by the Department of |
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State Health Services, the Texas Department of Licensing and |
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Regulation, or the Texas Department of Public Safety. |
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(k) If during a proceeding for a violation of Section |
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481.1211, Health and Safety Code, the court finds that the person |
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has previously been assessed a civil penalty under that section |
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three times, the court shall suspend the proceedings and notify the |
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appropriate prosecuting attorney so that the person may be charged |
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with an offense under Section 481.1212, Health and Safety Code. |
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(l) On a plea of guilty or nolo contendere for an offense |
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under Section 481.1212, Health and Safety Code, by a defendant and |
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payment of all court costs, the judge shall defer further |
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proceedings without entering an adjudication of guilt and place the |
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defendant on probation under the provisions of Article 45.051. |
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(m) The court may issue a capias for the arrest of a person |
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who fails to appear or to make payment, as directed by a citation |
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issued under this section. |
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(n) Law enforcement may seize any marihuana in possession of |
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a person subject to a civil penalty under Section 481.1211, Health |
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and Safety Code, or subject to prosecution under Section 481.1212 |
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of that code. If marihuana is seized under this article in |
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connection with a violation of Section 481.1211, Health and Safety |
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Code, law enforcement shall preserve the marihuana as if the |
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marihuana were evidence of an offense under Section 481.1212, |
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Health and Safety Code, pending the final resolution of a civil |
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proceeding under this article. After final resolution of a civil |
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proceeding under this article, any marihuana seized is subject to |
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forfeiture and shall be disposed of in accordance with Section |
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481.159, Health and Safety Code. |
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(o) This article does not affect the authority of a peace |
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officer to conduct a search or seize marihuana or other property as |
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contraband under Chapter 18 or 59 or other law. |
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(p) The identity of a person cited for a violation of |
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Section 481.1211, Health and Safety Code, is confidential |
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information under Section 552.101, Government Code, unless the |
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person is charged with an offense under Section 481.1212, Health |
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and Safety Code, in connection with that citation. |
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(q) The identity of a person found liable for a civil |
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penalty under Section 481.1211, Health and Safety Code, is |
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confidential information under Section 552.101, Government Code. |
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SECTION 5. Section 51.03(a), Family Code, is amended to |
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read as follows: |
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(a) Delinquent conduct is: |
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(1) conduct, other than a traffic offense, that |
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violates a penal law of this state or of the United States |
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punishable by imprisonment or by confinement in jail; |
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(2) conduct that violates a lawful order of a court |
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under circumstances that would constitute contempt of that court |
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in: |
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(A) a justice or municipal court; |
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(B) a county court for conduct punishable only by |
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a fine; or |
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(C) a truancy court; |
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(3) conduct that violates Section 49.04, 49.05, 49.06, |
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49.07, or 49.08, Penal Code; [or] |
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(4) conduct that violates Section 106.041, Alcoholic |
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Beverage Code, relating to driving under the influence of alcohol |
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by a minor (third or subsequent offense); or |
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(5) conduct for which a person is subject to a civil |
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penalty under Section 481.1211, Health and Safety Code, or that |
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violates Section 481.1212 of that code. |
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SECTION 6. Section 118.124, Local Government Code, is |
|
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amended to read as follows: |
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Sec. 118.124. PROHIBITED FEES. A justice of the peace is |
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not entitled to a fee for: |
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(1) the examination of a paper or record in the |
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justice's office; |
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(2) filing any process or document the justice issues |
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that is returned to court; |
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(3) a motion or judgment on a motion for security for |
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costs; |
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(4) taking or approving a bond for costs; [or] |
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(5) the first copy of a document in a criminal case |
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issued to: |
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(A) a criminal defendant in the case; |
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(B) an attorney representing a criminal |
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defendant in the case; or |
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(C) a prosecuting attorney; or |
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(6) the filing of a civil action by the state under |
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Section 481.1211, Health and Safety Code. |
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SECTION 7. 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 8. This Act takes effect September 1, 2017. |