Amend CSSB 645 (senate committee report) as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____. Section 19.02, Penal Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows:
(b) A person commits an offense if the person [he]:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; [or]
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person [he] commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or
(4) knowingly manufactures or delivers a controlled substance listed in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual's body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.
(e) It is a defense to prosecution under Subsection (b)(4) that the actor's conduct in manufacturing or delivering the controlled substance was authorized under Chapter 481, Health and Safety Code, or other state or federal law.
SECTION ____. Section 481.141, Health and Safety Code, is amended by adding Subsection (d) to read as follows:
(d) Punishment may not be increased under this section if the defendant is also prosecuted under Section 19.02(b)(4), Penal Code, for conduct occurring during the same criminal episode.
(2) In SECTION 19 of the bill, in the transition language (page 5, line 54), strike "Section" and substitute "Sections 19.02 and".