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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession of two ounces or less of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.01, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a) or (b), a peace officer |
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or any other person may not, without a warrant, arrest an offender |
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for a misdemeanor punishable by fine only under Section |
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481.121(b)(1), Health and Safety Code. |
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SECTION 2. Article 14.03, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Notwithstanding Subsection (a), (d), or (g), a peace |
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officer may not, without a warrant, arrest a person who only commits |
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an offense punishable by fine only under Section 481.121(b)(1), |
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Health and Safety Code. |
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SECTION 3. Article 14.06(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(2) [(b)(1) or (2)] of |
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that section; |
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(1-a) Section 481.1161, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(2) or (3) of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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SECTION 4. 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 C [B] misdemeanor if the amount of |
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marihuana possessed is two ounces or less; |
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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 5. Section 481.134(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) An offense otherwise punishable under Section |
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481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a |
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Class A misdemeanor if it is shown on the trial of the offense that |
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the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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SECTION 6. Section 411.0728(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to a person: |
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(1) who is placed on community supervision under |
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Chapter 42A, Code of Criminal Procedure, after conviction for an |
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offense under: |
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(A) Section 481.120, Health and Safety Code, if |
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the offense is punishable under Subsection (b)(1); |
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(B) [Section 481.121, Health and Safety Code, if
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the offense is punishable under Subsection (b)(1);
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[(C)] Section 31.03, Penal Code, if the offense |
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is punishable under Subsection (e)(1) or (2); |
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(C) [(D)] Section 43.02, Penal Code; or |
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(D) [(E)] Section 43.03(a)(2), Penal Code, if |
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the offense is punishable as a Class A misdemeanor; and |
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(2) with respect to whom the conviction is |
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subsequently set aside by the court under Article 42A.701, Code of |
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Criminal Procedure. |
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SECTION 7. Section 521.372, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Notwithstanding Subsection (a), a person's license is |
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not automatically suspended on conviction of an offense punishable |
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by fine only under Section 481.121(b)(1), Health and Safety Code. |
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Notwithstanding Subsection (b), the department is not prohibited |
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from issuing a driver's license to a person convicted of an offense |
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punishable by fine only under Section 481.121(b)(1), Health and |
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Safety Code, who, on the date of the conviction, did not hold a |
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driver's license. |
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SECTION 8. Articles 14.01(c) and 14.03(h), Code of Criminal |
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Procedure, as added by this Act, apply only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 9. Sections 481.121 and 481.134, Health and Safety |
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Code, as amended by this Act, apply to an offense committed under |
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Section 481.121 or an offense committed under Section 481.121 and |
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punishable under Section 481.134 before, on, or after September 1, |
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2019, except that a final conviction for an offense that exists on |
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September 1, 2019, is unaffected by this Act. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2019. |
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(b) Section 521.372(d), Transportation Code, as added by |
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this Act, takes effect on the 91st day after the date the office of |
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the attorney general publishes in the Texas Register a finding |
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that: |
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(1) the legislature of this state has adopted a |
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resolution expressing the legislature's opposition to a law meeting |
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the requirements of 23 U.S.C. Section 159 in suspending, revoking, |
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or denying the driver's license of a person convicted of a drug |
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offense for a period of six months; |
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(2) the governor of this state has submitted to the |
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United States secretary of transportation: |
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(A) a written certification of the governor's |
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opposition to the enactment or enforcement of a law required under |
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23 U.S.C. Section 159; and |
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(B) a written certification that the legislature |
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has adopted the resolution described by Subdivision (1) of this |
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subsection; and |
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(3) the United States secretary of transportation has |
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responded to the governor's submission and certified that highway |
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funds will not be withheld from this state in response to any |
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modification to or repeal of the law required under 23 U.S.C. |
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Section 159. |