86R7406 JSC-F
 
  By: Bell of Kaufman H.B. No. 1261
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a presumption that applies to certain conduct involving
  certain controlled substances that endangers a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.041(c-1), Penal Code, is amended to
  read as follows:
         (c-1)  For purposes of Subsection (c), it is presumed that a
  person engaged in conduct that places a child in imminent danger of
  death, bodily injury, or physical or mental impairment if:
               (1)  in the presence of the child, the person
  manufactured, possessed, or in any way introduced into the body of
  any person a [the] controlled substance listed in Penalty Group 1,
  Section 481.102, Health and Safety Code [methamphetamine in the
  presence of the child]; or
               (2)  the person's conduct related to the proximity or
  accessibility to the child of a [the] controlled substance listed
  in Penalty Group 1, Section 481.102, Health and Safety Code,
  [methamphetamine to the child] and an analysis of a specimen of the
  child's blood, urine, or other bodily substance indicates the
  presence of the substance [methamphetamine] in the child's body[;
  or
               [(3)     the person injected, ingested, inhaled, or
  otherwise introduced a controlled substance listed in Penalty Group
  1, Section 481.102, Health and Safety Code, into the human body when
  the person was not in lawful possession of the substance as defined
  by Section 481.002(24) of that code].
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2019.