| |
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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 delivery and possession of |
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marihuana and citations given for those offenses. |
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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 |
|
|
481.120(b)(1) or 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 (i) to read as follows: |
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(i) Notwithstanding Subsection (a), (d), or (g), a peace |
|
|
officer may not, without a warrant, arrest a person who only commits |
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|
an offense punishable by fine only under Section 481.120(b)(1) or |
|
|
481.121(b)(1), Health and Safety Code. |
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|
SECTION 3. Article 14.06, Code of Criminal Procedure, is |
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|
amended by adding Subsections (b-1) and (b-2) and amending |
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|
Subsection (d) to read as follows: |
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(b-1) A peace officer who is charging a person with |
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committing an offense under Section 481.120(b)(1) or |
|
|
481.121(b)(1), Health and Safety Code, may not arrest the person |
|
|
and shall issue the person a citation as provided by Subsection (b). |
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(b-2) Subsection (b-1) does not apply to an officer making |
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|
an arrest for an offense other than an offense under Section |
|
|
481.120(b)(1) or 481.121(b)(1), Health and Safety Code. |
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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-a) [(b)(1)] or (2) of |
|
|
that section; |
|
|
(1-a) Section 481.1161, Health and Safety Code, if the |
|
|
offense is punishable under Subsection (b)(1) or (2) of that |
|
|
section; |
|
|
(2) Section 28.03, Penal Code, if the offense is |
|
|
punishable under Subsection (b)(2) of that section; |
|
|
(3) Section 28.08, Penal Code, if the offense is |
|
|
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 |
|
|
punishable under Subsection (e)(2) of that section; |
|
|
(6) Section 38.114, Penal Code, if the offense is |
|
|
punishable as a Class B misdemeanor; or |
|
|
(7) Section 521.457, Transportation Code. |
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|
SECTION 4. Article 42A.551(c), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
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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; or |
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(2) under Section 481.1161(b)(3), Health and Safety |
|
|
Code, possessed more than one pound, by aggregate weight, including |
|
|
adulterants or dilutants, of the controlled substance[; or |
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|
[(3) under Section 481.121(b)(3), Health and Safety |
|
|
Code, possessed more than one pound of marihuana]. |
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|
SECTION 5. Section 411.0728(a), Government Code, is amended |
|
|
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-a) [(b)(1)]; |
|
|
(B) Section 481.121, Health and Safety Code, if |
|
|
the offense is punishable under Subsection (b)(1-a) [(b)(1)]; |
|
|
(C) Section 31.03, Penal Code, if the offense is |
|
|
punishable under Subsection (e)(1) or (2); or |
|
|
(D) Section 43.02, Penal Code; and |
|
|
(2) who, if requested by the applicable law |
|
|
enforcement agency or prosecuting attorney to provide assistance in |
|
|
the investigation or prosecution of an offense under Section |
|
|
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense |
|
|
containing elements that are substantially similar to the elements |
|
|
of an offense under any of those sections: |
|
|
(A) provided assistance in the investigation or |
|
|
prosecution of the offense; or |
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|
(B) did not provide assistance in the |
|
|
investigation or prosecution of the offense due to the person's age |
|
|
or a physical or mental disability resulting from being a victim of |
|
|
an offense described by this subdivision. |
|
|
SECTION 6. Section 481.115(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 481.1151(b)(1), |
|
|
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1), (1-a), 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 481.1151(c), 481.116(f), 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 7. Section 481.1151(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), |
|
|
481.116(b), 481.1161(b)(1) or (2), 481.117(b), 481.118(b), or |
|
|
481.121(b)(1), (1-a), 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), 481.116(f), 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), (1-a), 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), (1-a), 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), (1-a), 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), (1-a), 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 481.120(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) An offense under Subsection (a) is: |
|
|
(1) a Class C [B] misdemeanor if the amount of |
|
|
marihuana delivered is one-fourth ounce or less and the person |
|
|
committing the offense does not receive remuneration for the |
|
|
marihuana; |
|
|
(1-a) [(2)] a Class B [A] misdemeanor if the amount of |
|
|
marihuana delivered is one-fourth ounce or less and the person |
|
|
committing the offense receives remuneration for the marihuana; |
|
|
(2) [(3)] a Class A misdemeanor [state jail felony] if |
|
|
the amount of marihuana delivered is five pounds or less but more |
|
|
than one-fourth ounce; |
|
|
(3) [(4)] a state jail felony [of the second degree] |
|
|
if the amount of marihuana delivered is 50 pounds or less but more |
|
|
than five pounds; |
|
|
(4) [(5)] a felony of the second [first] degree if the |
|
|
amount of marihuana delivered is 2,000 pounds or less but more than |
|
|
50 pounds; and |
|
|
(5) a felony of the first degree [(6) punishable by |
|
|
imprisonment in the Texas Department of Criminal Justice for life |
|
|
or for a term of not more than 99 years or less than 10 years, and a |
|
|
fine not to exceed $100,000,] if the amount of marihuana delivered |
|
|
is more than 2,000 pounds. |
|
|
SECTION 13. Sections 481.121(a), (b), and (c), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(a) Except as authorized by this chapter, a person commits |
|
|
an offense if the person knowingly or intentionally possesses a |
|
|
usable quantity of more than one ounce of marihuana. |
|
|
(b) An offense under Subsection (a) is: |
|
|
(1) a Class C [B] misdemeanor if the amount of |
|
|
marihuana possessed is two ounces or less but more than one ounce; |
|
|
(1-a) [(2)] a Class B [A] misdemeanor if the amount of |
|
|
marihuana possessed is four ounces or less but more than two ounces; |
|
|
(2) [(3)] a Class A misdemeanor [state jail felony] if |
|
|
the amount of marihuana possessed is five pounds or less but more |
|
|
than four ounces; |
|
|
(3) [(4)] a state jail felony [of the third degree] if |
|
|
the amount of marihuana possessed is 50 pounds or less but more than |
|
|
5 pounds; |
|
|
(4) [(5)] a felony of the third [second] degree if the |
|
|
amount of marihuana possessed is 2,000 pounds or less but more than |
|
|
50 pounds; and |
|
|
(5) a felony of the second degree [(6) punishable by |
|
|
imprisonment in the Texas Department of Criminal Justice for life |
|
|
or for a term of not more than 99 years or less than 5 years, and a |
|
|
fine not to exceed $50,000,] if the amount of marihuana possessed is |
|
|
more than 2,000 pounds. |
|
|
(c) It is a defense to prosecution for an offense punishable |
|
|
under Subsection (b)(1), (1-a), or (2) that the actor: |
|
|
(1) was the first person to request emergency medical |
|
|
assistance in response to the possible overdose of another person |
|
|
and: |
|
|
(A) made the request for medical assistance |
|
|
during an ongoing medical emergency; |
|
|
(B) remained on the scene until the medical |
|
|
assistance arrived; and |
|
|
(C) cooperated with medical assistance and law |
|
|
enforcement personnel; or |
|
|
(2) was the victim of a possible overdose for which |
|
|
emergency medical assistance was requested, by the actor or by |
|
|
another person, during an ongoing medical emergency. |
|
|
SECTION 14. 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), (1-a), 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 15. 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), (d), |
|
|
(e), or (f) [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) or[,] (5), [or |
|
|
(6),] or 481.121(b)(4) or[,] (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 16. Section 481.134(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) An offense otherwise punishable under Section |
|
|
481.118(b), 481.119(b), 481.120(b)(1-a) [481.120(b)(1)], or |
|
|
481.121(b)(1-a) [481.121(b)(1)] is a Class A misdemeanor if it is |
|
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shown on the trial of the offense that 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; |
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(2) on a school bus; or |
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(3) by any unauthorized person 18 years of age or |
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older, in, on, or within 1,000 feet of premises owned, rented, or |
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leased by a general residential operation operating as a |
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residential treatment center. |
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SECTION 17. Section 483.041(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) The defense to prosecution provided by Subsection (e) 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 481.115(b), |
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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under |
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Section 481.119(b), 481.125(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 481 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), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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481.125(g), 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 18. Section 485.031(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 |
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|
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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481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.117(b), |
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481.118(b), or 481.121(b)(1), (1-a), or (2), or an offense under |
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|
Section 481.119(b), 481.125(a), or 483.041(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 481 or 483; |
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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), 481.1151(c), 481.116(f), |
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481.1161(c), 481.117(f), 481.118(f), 481.119(c), 481.121(c), |
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|
481.125(g), or 483.041(e); 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 19. Section 71.023(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person, as part of the |
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identifiable leadership of a criminal street gang, knowingly |
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finances, directs, or supervises the commission of, or a conspiracy |
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to commit, one or more of the following offenses by members of a |
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criminal street gang: |
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(1) a felony offense that is listed in Article |
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42A.054(a), Code of Criminal Procedure; |
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(2) a felony offense for which it is shown that a |
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deadly weapon, as defined by Section 1.07, was used or exhibited |
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during the commission of the offense or during immediate flight |
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from the commission of the offense; or |
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(3) an offense that is punishable under Section |
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481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), or |
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481.115(f), [or 481.120(b)(6),] Health and Safety Code. |
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SECTION 20. (a) Except as otherwise provided by this |
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section, the changes in law made by this Act apply only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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(b) Sections 481.120, 481.121, and 481.134, Health and |
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Safety Code, as amended by this Act, apply to an offense committed |
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under Section 481.120 or 481.121, or an offense committed under |
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Section 481.120 or 481.121 and punishable under Section 481.134, |
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before, on, or after September 1, 2023, except that a final |
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conviction for an offense that exists on September 1, 2023, is |
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unaffected by this Act. |
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SECTION 21. To the extent of any conflict, this Act prevails |
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|
over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 22. This Act takes effect September 1, 2023. |