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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal penalties for possession of marihuana. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 481.121(b) and (c), Health and Safety |
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Code, are 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 marihuana |
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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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(2) [(3)] a state jail felony if the amount of |
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marihuana possessed is five pounds or less but more than four |
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ounces; |
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(3) [(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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(4) [(5)] a felony of the second degree if the amount |
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of marihuana possessed is 2,000 pounds or less but more than 50 |
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pounds; and |
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(5) [(6)] punishable by imprisonment in the Texas |
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Department of Criminal Justice for life or for a term of not more |
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than 99 years or less than 5 years, and a fine not to exceed $50,000, |
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if the amount of marihuana possessed is more than 2,000 pounds. |
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(c) It is a defense to prosecution for an offense punishable |
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under Subsection (b)(1) [or (2)] that the actor: |
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(1) was the first person to request emergency medical |
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assistance in response to the possible overdose of another person |
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and: |
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(A) made the request for medical assistance |
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during an ongoing medical emergency; |
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(B) remained on the scene until the medical |
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assistance arrived; and |
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(C) cooperated with medical assistance and law |
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enforcement personnel; or |
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(2) was the victim of a possible overdose for which |
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emergency medical assistance was requested, by the actor or by |
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another person, during an ongoing medical emergency. |
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SECTION 2. 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)(1) or (2) of that |
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section; |
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[(1-a)] Section 481.1161, Health and Safety Code, if |
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the 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 3. Articles 42A.551(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as otherwise provided by Subsection (b) or (c), |
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on conviction of a state jail felony under Section 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(2) |
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[481.121(b)(3)], or 481.129(g)(1), Health and Safety Code, that is |
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punished under Section 12.35(a), Penal Code, the judge shall |
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suspend the imposition of the sentence and place the defendant on |
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community supervision. |
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(c) Subsection (a) does not apply to a defendant who: |
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(1) under Section 481.1151(b)(1), Health and Safety |
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Code, possessed more than five abuse units of the controlled |
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substance; |
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(2) under Section 481.1161(b)(3), Health and Safety |
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Code, possessed more than one pound, by aggregate weight, including |
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adulterants or dilutants, of the controlled substance; or |
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(3) under Section 481.121(b)(2) [481.121(b)(3)], |
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Health and Safety Code, possessed more than one pound of marihuana. |
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SECTION 4. 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 convicted of or placed on deferred |
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adjudication community supervision for an 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 is |
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punishable under Subsection (e)(1) or (2); or |
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(C) [(D)] Section 43.02, Penal Code; and |
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(2) who, if requested by the applicable law |
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enforcement agency or prosecuting attorney to provide assistance in |
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the investigation or prosecution of an offense under Section |
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20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
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containing elements that are substantially similar to the elements |
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of an offense under any of those sections: |
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(A) provided assistance in the investigation or |
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prosecution of the offense; or |
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(B) did not provide assistance in the |
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investigation or prosecution of the offense due to the person's age |
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or a physical or mental disability resulting from being a victim of |
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an offense described by this subdivision. |
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SECTION 5. Section 481.115(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) The defense to prosecution provided by Subsection (g) is |
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not available if: |
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(1) at the time the request for emergency medical |
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assistance was made: |
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(A) a peace officer was in the process of |
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arresting the actor or executing a search warrant describing the |
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|
actor or the place from which the request for medical assistance was |
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made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.1151(b)(1), |
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481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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481.125(a), 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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|
placed on deferred adjudication community supervision for an |
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|
offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.1151(c), 481.116(f), 481.1161(c), |
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481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
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the date of the commission of the instant offense, the actor |
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requested emergency medical assistance in response to the possible |
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overdose of the actor or another person. |
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SECTION 6. Section 481.1151(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The defense to prosecution provided by Subsection (c) is |
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not available if: |
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(1) at the time the request for emergency medical |
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|
assistance was made: |
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(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
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|
made; or |
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(B) the actor is committing another offense, |
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other than an offense punishable under Section 481.115(b), |
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481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
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481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
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481.125(a), 483.041(a), or 485.031(a); |
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(2) the actor has been previously convicted of or |
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placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
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(3) the actor was acquitted in a previous proceeding |
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in which the actor successfully established the defense under that |
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subsection or Section 481.115(g), 481.116(f), 481.1161(c), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
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483.041(e), or 485.031(c); or |
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(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
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the possible overdose of the actor or another person. |
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|
SECTION 7. Section 481.116(g), Health and Safety Code, is |
|
|
amended to read as follows: |
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(g) The defense to prosecution provided by Subsection (f) is |
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|
not available if: |
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(1) at the time the request for emergency medical |
|
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assistance was made: |
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(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
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actor or the place from which the request for medical assistance was |
|
|
made; or |
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(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
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subsection or Section 481.115(g), 481.1151(c), 481.1161(c), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 8. Section 481.1161(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.117(f), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 9. Section 481.117(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or |
|
|
481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 10. Section 481.118(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(g) The defense to prosecution provided by Subsection (f) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), or |
|
|
481.121(b)(1) [or (2)], or an offense under Section 481.119(b), |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.119(c), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 11. Section 481.119(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
|
|
481.125(a), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.121(c), 481.125(g), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to |
|
|
the possible overdose of the actor or another person. |
|
|
SECTION 12. Section 481.125(h), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(h) The defense to prosecution provided by Subsection (g) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
|
|
481.119(b), 483.041(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 483 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
483.041(e), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person. |
|
|
SECTION 13. Section 481.126(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) A person commits an offense if the person: |
|
|
(1) barters property or expends funds the person knows |
|
|
are derived from the commission of an offense under this chapter |
|
|
punishable by imprisonment in the Texas Department of Criminal |
|
|
Justice for life; |
|
|
(2) barters property or expends funds the person knows |
|
|
are derived from the commission of an offense under Section |
|
|
481.121(a) that is punishable under Subsection (b)(4) of that |
|
|
section [Section 481.121(b)(5)]; |
|
|
(3) barters property or finances or invests funds the |
|
|
person knows or believes are intended to further the commission of |
|
|
an offense for which the punishment is described by Subdivision |
|
|
(1); or |
|
|
(4) barters property or finances or invests funds the |
|
|
person knows or believes are intended to further the commission of |
|
|
an offense under Section 481.121(a) that is punishable under |
|
|
Subsection (b)(4) of that section [Section 481.121(b)(5)]. |
|
|
SECTION 14. Section 481.134(c), Health and Safety Code, as |
|
|
amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the |
|
|
87th Legislature, Regular Session, 2021, is reenacted and amended |
|
|
to read as follows: |
|
|
(c) The minimum term of confinement or imprisonment for an |
|
|
offense otherwise punishable under Section 481.112(c), (d), (e), or |
|
|
(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f), |
|
|
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), |
|
|
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
|
|
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
|
|
(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(3), (4), or |
|
|
(5) [481.121(b)(4), (5), or (6)] is increased by five years and the |
|
|
maximum fine for the offense is doubled if it is shown on the trial |
|
|
of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of the premises of a |
|
|
school, the premises of a public or private youth center, or a |
|
|
playground; |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
SECTION 15. Sections 481.134(d), (e), and (f), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(d) An offense otherwise punishable under Section |
|
|
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.120(b)(3), or |
|
|
481.121(b)(2) [481.121(b)(3)] is a felony of the third degree if it |
|
|
is shown on the trial of the offense that the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
(e) An offense otherwise punishable under Section |
|
|
481.117(b), 481.119(a), or 481.120(b)(2)[, or 481.121(b)(2)] is a |
|
|
state jail felony if it is shown on the trial of the offense that the |
|
|
offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
(f) An offense otherwise punishable under Section |
|
|
481.118(b), 481.119(b), or 481.120(b)(1)[, or 481.121(b)(1)] is a |
|
|
Class A misdemeanor if it is shown on the trial of the offense that |
|
|
the offense was committed: |
|
|
(1) in, on, or within 1,000 feet of any real property |
|
|
that is owned, rented, or leased to a school or school board, the |
|
|
premises of a public or private youth center, or a playground; |
|
|
(2) on a school bus; or |
|
|
(3) by any unauthorized person 18 years of age or |
|
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
|
leased by a general residential operation operating as a |
|
|
residential treatment center. |
|
|
SECTION 16. Section 483.041(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) The defense to prosecution provided by Subsection (e) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
|
|
481.119(b), 481.125(a), or 485.031(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 481 or 485; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
481.125(g), or 485.031(c); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person. |
|
|
SECTION 17. Section 485.031(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) The defense to prosecution provided by Subsection (c) is |
|
|
not available if: |
|
|
(1) at the time the request for emergency medical |
|
|
assistance was made: |
|
|
(A) a peace officer was in the process of |
|
|
arresting the actor or executing a search warrant describing the |
|
|
actor or the place from which the request for medical assistance was |
|
|
made; or |
|
|
(B) the actor is committing another offense, |
|
|
other than an offense punishable under Section 481.115(b), |
|
|
481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
|
|
481.118(b), or 481.121(b)(1) [or (2)], or an offense under Section |
|
|
481.119(b), 481.125(a), or 483.041(a); |
|
|
(2) the actor has been previously convicted of or |
|
|
placed on deferred adjudication community supervision for an |
|
|
offense under this chapter or Chapter 481 or 483; |
|
|
(3) the actor was acquitted in a previous proceeding |
|
|
in which the actor successfully established the defense under that |
|
|
subsection or Section 481.115(g), 481.1151(c), 481.116(f), |
|
|
481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
|
|
481.125(g), or 483.041(e); or |
|
|
(4) at any time during the 18-month period preceding |
|
|
the date of the commission of the instant offense, the actor |
|
|
requested emergency medical assistance in response to the possible |
|
|
overdose of the actor or another person. |
|
|
SECTION 18. (a) Except as otherwise provided by Subsection |
|
|
(b) of this section, 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 subsection, an offense was committed before the |
|
|
effective date of this Act if any element of the offense was |
|
|
committed before that date. |
|
|
(b) Sections 481.121 and 481.134, Health and Safety Code, as |
|
|
amended by this Act, apply to an offense committed under Section |
|
|
481.121 or an offense committed under Section 481.121 and |
|
|
punishable under Section 481.134 before, on, or after September 1, |
|
|
2023, except that a final conviction for an offense that exists on |
|
|
September 1, 2023, is unaffected by this Act. |
|
|
SECTION 19. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 88th Legislature, Regular Session, 2023, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 20. This Act takes effect September 1, 2023. |