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A BILL TO BE ENTITLED
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AN ACT
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relating to a civil action to collect a civil penalty for possession |
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of certain small amounts of marihuana and an exception to |
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prosecution for possession of 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 $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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(c) A peace officer may not make an arrest solely because of |
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a violation of this section. A peace officer may issue to a person |
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who violates this section a citation that contains written notice |
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of the time and place the person must appear before a justice court, |
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the name and address of the person charged, and the civil violation |
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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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may 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) A civil action under this section shall be conducted in |
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the manner provided by Chapter 45, Code of Criminal Procedure, as if |
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an offense were charged, except that: |
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(1) the court may not: |
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(A) issue an arrest warrant under Article 45.014, |
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Code of Criminal Procedure; or |
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(B) require the person liable for a civil penalty |
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to give bail under Article 45.016, Code of Criminal Procedure; |
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(2) a citation issued under this section is considered |
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to be a sufficient complaint for purposes of Articles 45.018 and |
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45.019, Code of Criminal Procedure, if the citation is filed with |
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the court by a district or county attorney; and |
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(3) a person liable for a civil penalty under this |
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section may not appeal under Article 45.042, Code of Criminal |
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Procedure. |
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(f)(1) Before imposing a civil penalty under this section, |
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the court shall determine whether the person subject to the penalty |
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is indigent. If the court determines the person is indigent, the |
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court shall waive the penalty and may order the person to complete |
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not more than 10 hours of community service. |
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(2) Subsections (i) and (j) apply to a person for whom |
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a court waives a penalty under Subdivision (1). |
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(g) The court may waive or reduce the civil penalty for a |
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person other than a person described by Subsection (f) 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 ordered by the court. |
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(h) 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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(i) Law enforcement may seize any marihuana in possession of |
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a person subject to a civil penalty under this section. If marihuana |
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is seized under this section, law enforcement shall preserve the |
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marihuana as if the marihuana were evidence of an offense under this |
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chapter pending the final resolution of a civil proceeding under |
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this section. After final resolution of a civil proceeding under |
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this section, any marihuana seized is subject to forfeiture and |
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shall be disposed of in accordance with Section 481.159. |
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(j) 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 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. |
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SECTION 4. 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. |
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SECTION 5. 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 6. 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 7. This Act takes effect September 1, 2017. |