88R1197 CJD-F
 
  By: Metcalf, Cook, A. Johnson of Harris, H.B. No. 513
      Canales, Vasut, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the manufacture or delivery of a controlled substance
  or marihuana causing death or serious bodily injury; creating a
  criminal offense; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.122(c), Health and Safety Code, is
  amended to read as follows:
         (c)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if
  it is shown on the trial of the offense that the person to whom the
  actor delivered the controlled substance or marihuana died or
  suffered serious bodily injury as a result of injecting, ingesting,
  inhaling, or introducing into the person's body any amount of the
  controlled substance or marihuana manufactured or delivered by the
  actor, regardless of whether the controlled substance or marihuana
  was used by itself or with another substance, including a drug,
  adulterant, or dilutant.
         SECTION 2.  Section 481.141, Health and Safety Code, is
  amended to read as follows:
         Sec. 481.141.  OFFENSE: MANUFACTURE OR DELIVERY OF
  CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY.  (a)  A
  person commits an offense if the person knowingly manufactures or
  delivers a controlled substance in violation of this chapter and 
  [If at the guilt or innocence phase of the trial of an offense
  described by Subsection (b), the judge or jury, whichever is the
  trier of fact, determines beyond a reasonable doubt that] a person
  dies [died] or suffers [suffered] serious bodily injury as a result
  of injecting, ingesting, inhaling, or introducing into the person's
  body any amount of the controlled substance manufactured or
  delivered by the actor [defendant], regardless of whether the
  controlled substance was used by itself or with another substance,
  including a drug, adulterant, or dilutant[, the punishment for the
  offense is increased by one degree].
         (b)  An offense under this section is:
               (1)  [This section applies to an offense otherwise
  punishable as] a [state jail felony,] felony of the third degree if
  the commission of the offense resulted in serious bodily injury to a
  person; or
               (2)  a [, or] felony of the second degree if the
  commission of the offense resulted in the death of a person [under
  Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or
  481.122].
         (c)  It is a defense to prosecution under this section that
  the actor's conduct in manufacturing or delivering the controlled
  substance was authorized under this chapter or other state or
  federal law.
         (d)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this chapter
  or the Penal Code, the actor may be prosecuted under either section
  or both sections.
         (e)  Notwithstanding Article 42.08, Code of Criminal
  Procedure, if [punishment for] a defendant is convicted of an
  offense [increased] under this section, the court may not order the
  sentence for the offense to run concurrently with any other
  sentence the court imposes on the defendant.
         SECTION 3.  The changes in law made by this Act apply 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 4.  This Act takes effect September 1, 2023.