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A BILL TO BE ENTITLED
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AN ACT
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relating to the use, possession, delivery, or manufacture of |
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hypodermic needles and syringes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.002(17), Health and Safety Code, is |
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amended to read as follows: |
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(17) "Drug paraphernalia" means equipment, a product, |
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or material that is used or intended for use in planting, |
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propagating, cultivating, growing, harvesting, manufacturing, |
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compounding, converting, producing, processing, preparing, |
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testing, analyzing, packaging, repackaging, storing, containing, |
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or concealing a controlled substance in violation of this chapter |
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or in injecting, ingesting, inhaling, or otherwise introducing into |
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the human body a controlled substance in violation of this chapter. |
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The term includes: |
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(A) a kit used or intended for use in planting, |
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propagating, cultivating, growing, or harvesting a species of plant |
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that is a controlled substance or from which a controlled substance |
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may be derived; |
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(B) a material, compound, mixture, preparation, |
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or kit used or intended for use in manufacturing, compounding, |
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converting, producing, processing, or preparing a controlled |
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substance; |
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(C) an isomerization device used or intended for |
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use in increasing the potency of a species of plant that is a |
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controlled substance; |
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(D) testing equipment used or intended for use in |
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identifying or in analyzing the strength, effectiveness, or purity |
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of a controlled substance; |
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(E) a scale or balance used or intended for use in |
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weighing or measuring a controlled substance; |
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(F) a dilutant or adulterant, such as quinine |
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hydrochloride, mannitol, inositol, nicotinamide, dextrose, |
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lactose, or absorbent, blotter-type material, that is used or |
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intended to be used to increase the amount or weight of or to |
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transfer a controlled substance regardless of whether the dilutant |
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or adulterant diminishes the efficacy of the controlled substance; |
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(G) a separation gin or sifter used or intended |
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for use in removing twigs and seeds from or in otherwise cleaning or |
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refining marihuana; |
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(H) a blender, bowl, container, spoon, or mixing |
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device used or intended for use in compounding a controlled |
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substance; |
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(I) a capsule, balloon, envelope, or other |
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container used or intended for use in packaging small quantities of |
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a controlled substance; |
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(J) a container or other object used or intended |
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for use in storing or concealing a controlled substance; and |
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(K) [a hypodermic syringe, needle, or other |
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object used or intended for use in parenterally injecting a |
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controlled substance into the human body; and |
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[(L)] an object used or intended for use in |
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ingesting, inhaling, or otherwise introducing marihuana, cocaine, |
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hashish, or hashish oil into the human body, including: |
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(i) a metal, wooden, acrylic, glass, stone, |
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plastic, or ceramic pipe with or without a screen, permanent |
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screen, hashish head, or punctured metal bowl; |
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(ii) a water pipe; |
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(iii) a carburetion tube or device; |
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(iv) a smoking or carburetion mask; |
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(v) a chamber pipe; |
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(vi) a carburetor pipe; |
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(vii) an electric pipe; |
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(viii) an air-driven pipe; |
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(ix) a chillum; |
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(x) a bong; or |
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(xi) an ice pipe or chiller. |
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SECTION 2. Section 481.125, Health and Safety Code, is |
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amended by adding Subsection (j) to read as follows: |
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(j) This section does not apply to a person who uses, |
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possesses with the intent to use, delivers, possesses with intent |
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to deliver, or manufactures with intent to deliver a hypodermic |
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needle or syringe, regardless of the person's intent with respect |
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to the use of the needle or syringe and regardless of whether the |
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person knew or should have known that the needle or syringe would be |
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used to administer a controlled substance in violation of this |
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chapter. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |