This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  By: Huffman, et al. S.B. No. 645
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the designation of fentanyl poisoning for purposes of
  the death certificate and to the criminal penalties for certain
  controlled substance offenses; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 193.005, Health and Safety Code, is
  amended by adding Subsection (e-1) to read as follows:
         (e-1)  The medical certification on a death certificate must
  include the term "Fentanyl Poisoning" if:
               (1)  a toxicology examination reveals a controlled
  substance listed in Penalty Group 1-B present in the body of the
  decedent in an amount or concentration that is considered to be
  lethal by generally accepted scientific standards; and
               (2)  the results of an autopsy performed on the
  decedent are consistent with an opioid overdose as the cause of
  death.
         SECTION 2.  Section 481.102, Health and Safety Code, is
  amended to read as follows:
         Sec. 481.102.  PENALTY GROUP 1.  Penalty Group 1 consists
  of:
               (1)  the following opiates, including their isomers,
  esters, ethers, salts, and salts of isomers, esters, and ethers,
  unless specifically excepted, if the existence of these isomers,
  esters, ethers, and salts is possible within the specific chemical
  designation:
                     [Alfentanil;]
                     Allylprodine;
                     Alphacetylmethadol;
                     Benzethidine;
                     Betaprodine;
                     Clonitazene;
                     Diampromide;
                     Diethylthiambutene;
                     Difenoxin not listed in Penalty Group 3 or 4;
                     Dimenoxadol;
                     Dimethylthiambutene;
                     Dioxaphetyl butyrate;
                     Dipipanone;
                     Ethylmethylthiambutene;
                     Etonitazene;
                     Etoxeridine;
                     Furethidine;
                     Hydroxypethidine;
                     Ketobemidone;
                     Levophenacylmorphan;
                     Meprodine;
                     Methadol;
                     Moramide;
                     Morpheridine;
                     Noracymethadol;
                     Norlevorphanol;
                     Normethadone;
                     Norpipanone;
                     Phenadoxone;
                     Phenampromide;
                     Phenomorphan;
                     Phenoperidine;
                     Piritramide;
                     Proheptazine;
                     Properidine;
                     Propiram;
                     [Sufentanil;]
                     Tilidine; and
                     Trimeperidine;
               (2)  the following opium derivatives, their salts,
  isomers, and salts of isomers, unless specifically excepted, if the
  existence of these salts, isomers, and salts of isomers is possible
  within the specific chemical designation:
                     Acetorphine;
                     Acetyldihydrocodeine;
                     Benzylmorphine;
                     Codeine methylbromide;
                     Codeine-N-Oxide;
                     Cyprenorphine;
                     Desomorphine;
                     Dihydromorphine;
                     Drotebanol;
                     Etorphine, except hydrochloride salt;
                     Heroin;
                     Hydromorphinol;
                     Methyldesorphine;
                     Methyldihydromorphine;
                     Monoacetylmorphine;
                     Morphine methylbromide;
                     Morphine methylsulfonate;
                     Morphine-N-Oxide;
                     Myrophine;
                     Nicocodeine;
                     Nicomorphine;
                     Normorphine;
                     Pholcodine; and
                     Thebacon;
               (3)  the following substances, however produced,
  except those narcotic drugs listed in another group:
                     (A)  Opium and opiate not listed in Penalty Group
  3 or 4, and a salt, compound, derivative, or preparation of opium or
  opiate, other than thebaine derived butorphanol, nalmefene and its
  salts, naloxone and its salts, and naltrexone and its salts, but
  including:
                           Codeine not listed in Penalty Group 3 or 4;
                           Dihydroetorphine;
                           Ethylmorphine not listed in Penalty Group 3
  or 4;
                           Granulated opium;
                           Hydrocodone not listed in Penalty Group 3;
                           Hydromorphone;
                           Metopon;
                           Morphine not listed in Penalty Group 3;
                           Opium extracts;
                           Opium fluid extracts;
                           Oripavine;
                           Oxycodone;
                           Oxymorphone;
                           Powdered opium;
                           Raw opium;
                           Thebaine; and
                           Tincture of opium;
                     (B)  a salt, compound, isomer, derivative, or
  preparation of a substance that is chemically equivalent or
  identical to a substance described by Paragraph (A), other than the
  isoquinoline alkaloids of opium;
                     (C)  Opium poppy and poppy straw;
                     (D)  Cocaine, including:
                           (i)  its salts, its optical, position, and
  geometric isomers, and the salts of those isomers;
                           (ii)  coca leaves and a salt, compound,
  derivative, or preparation of coca leaves; and
                           (iii)  a salt, compound, derivative, or
  preparation of a salt, compound, or derivative that is chemically
  equivalent or identical to a substance described by Subparagraph
  (i) or (ii), other than decocainized coca leaves or extractions of
  coca leaves that do not contain cocaine or ecgonine; and
                     (E)  concentrate of poppy straw, meaning the crude
  extract of poppy straw in liquid, solid, or powder form that
  contains the phenanthrine alkaloids of the opium poppy;
               (4)  the following opiates, including their isomers,
  esters, ethers, salts, and salts of isomers, if the existence of
  these isomers, esters, ethers, and salts is possible within the
  specific chemical designation:
                     [Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
  phenethyl)-4-piperidinyl]-N-phenylacetamide);
                     [Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
  thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);]
                     Alphaprodine;
                     Anileridine;
                     [Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
  phenethyl)-4-piperidinyl] -N-phenylpropanamide);
                     [Beta-hydroxy-3-methylfentanyl;]
                     Bezitramide;
                     [Carfentanil;]
                     Dihydrocodeine not listed in Penalty Group 3 or 4;
                     Diphenoxylate not listed in Penalty Group 3 or 4;
                     Isomethadone;
                     Levomethorphan;
                     Levorphanol;
                     Metazocine;
                     Methadone;
                     Methadone-Intermediate, 4-cyano-2-dimethylamino-
  4, 4-diphenyl butane;
                     [3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
  4-piperidyl]-N-phenylpropanamide);
                     [3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
  ethyl-4-piperidinyl]-N-phenylpropanamide);]
                     Moramide-Intermediate, 2-methyl-3-morpholino-1,
  1-diphenyl-propane-carboxylic acid;
                     [Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
  phenylethyl)-4-piperidinylpropanamide);]
                     PEPAP (1-(2-phenethyl)-4-phenyl-4-
  acetoxypiperidine);
                     Pethidine (Meperidine);
                     Pethidine-Intermediate-A, 4-cyano-1-methyl-4-
  phenylpiperidine;
                     Pethidine-Intermediate-B, ethyl-4-
  phenylpiperidine-4 carboxylate;
                     Pethidine-Intermediate-C, 1-methyl-4-
  phenylpiperidine-4-carboxylic acid;
                     Phenazocine;
                     Piminodine;
                     Racemethorphan; and
                     Racemorphan;
                     [Remifentanil; and
                     [Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
  piperidinyl]-propanamide);]
               (5)  Flunitrazepam (trade or other name: Rohypnol);
               (6)  Methamphetamine, including its salts, optical
  isomers, and salts of optical isomers;
               (7)  Phenylacetone and methylamine, if possessed
  together with intent to manufacture methamphetamine;
               (8)  Phencyclidine, including its salts;
               (9)  Gamma hydroxybutyric acid (some trade or other
  names: gamma hydroxybutyrate, GHB), including its salts;
               (10)  Ketamine;
               (11)  Phenazepam;
               (12)  U-47700;
               (13)  AH-7921;
               (14)  ADB-FUBINACA;
               (15)  AMB-FUBINACA; and
               (16)  MDMB-CHMICA.
         SECTION 3.  Section 481.1022, Health and Safety Code, is
  amended to read as follows:
         Sec. 481.1022.  PENALTY GROUP 1-B.  Penalty Group 1-B
  consists of the following opiates, including their isomers, esters,
  ethers, salts, and salts of isomers, esters, and ethers, if the
  existence of these isomers, esters, ethers, and salts is possible
  within the specific chemical designation:
                     Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-
  phenethyl)-4-piperidinyl]-N-phenylacetamide);
                     Alfentanil;
                     Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
  thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
                     Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
  phenethyl)-4-piperidinyl] -N-phenylpropanamide);
                     Beta-hydroxy-3-methylfentanyl;
                     Carfentanil;
                     Fentanyl [fentanyl], alpha-methylfentanyl, and
  any other derivative of fentanyl;
                     3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-
  4-piperidyl]-N-phenylpropanamide);
                     3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
  ethyl-4-piperidinyl]-N-phenylpropanamide);
                     Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-
  phenylethyl)-4-piperidinylpropanamide);
                     Remifentanil; 
                     Sufentanil; and
                     Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-
  piperidinyl]-propanamide).
         SECTION 4.  Sections 481.112(e) and (f), Health and Safety
  Code, are amended to read as follows:
         (e)  An offense under Subsection (a) is a felony of the first
  degree 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 the controlled substance to which the offense applies is, by
  aggregate weight, including adulterants or dilutants, 200 grams or
  more but less than 400 grams.
         (f)  An offense under Subsection (a) is a felony of the first
  degree 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 15 years, and a fine not to exceed $250,000, if the amount
  of the controlled substance to which the offense applies is, by
  aggregate weight, including adulterants or dilutants, 400 grams or
  more.
         SECTION 5.  Section 481.1121(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An offense under this section is:
               (1)  a state jail felony if the number of abuse units of
  the controlled substance is fewer than 20;
               (2)  a felony of the second degree if the number of
  abuse units of the controlled substance is 20 or more but fewer than
  80;
               (3)  a felony of the first degree if the number of abuse
  units of the controlled substance is 80 or more but fewer than
  4,000; and
               (4)  a felony of the first degree 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 15 years and a
  fine not to exceed $250,000, if the number of abuse units of the
  controlled substance is 4,000 or more.
         SECTION 6.  Sections 481.1123(b), (d), (e), and (f), Health
  and Safety Code, are amended to read as follows:
         (b)  An offense under Subsection (a) is a [state jail] felony
  of the third degree if the amount of the controlled substance to
  which the offense applies is, by aggregate weight, including
  adulterants or dilutants, less than one gram.
         (d)  An offense under Subsection (a) is a felony of the first
  degree 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 $20,000, if the amount
  of the controlled substance to which the offense applies is, by
  aggregate weight, including adulterants or dilutants, four grams or
  more but less than 200 grams.
         (e)  An offense under Subsection (a) is a felony of the first
  degree 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 15 years, and a fine not to exceed $200,000, if the amount
  of the controlled substance to which the offense applies is, by
  aggregate weight, including adulterants or dilutants, 200 grams or
  more but less than 400 grams.
         (f)  An offense under Subsection (a) is a felony of the first
  degree 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 20 years, and a fine not to exceed $500,000, if the amount
  of the controlled substance to which the offense applies is, by
  aggregate weight, including adulterants or dilutants, 400 grams or
  more.
         SECTION 7.  Section 481.113(e), Health and Safety Code, is
  amended to read as follows:
         (e)  An offense under Subsection (a) is a felony of the first
  degree 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 the controlled substance to which the offense applies is, by
  aggregate weight, including adulterants or dilutants, 400 grams or
  more.
         SECTION 8.  Section 481.114(e), Health and Safety Code, is
  amended to read as follows:
         (e)  An offense under Subsection (a) is a felony of the first
  degree 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 the controlled substance to which the offense applies is, by
  aggregate weight, including any adulterants or dilutants, 400 grams
  or more.
         SECTION 9.  Section 481.115(f), Health and Safety Code, is
  amended to read as follows:
         (f)  An offense under Subsection (a) is a felony of the first
  degree 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 the controlled substance possessed is, by aggregate weight,
  including adulterants or dilutants, 400 grams or more.
         SECTION 10.  Section 481.1151(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An offense under this section is:
               (1)  a state jail felony if the number of abuse units of
  the controlled substance is fewer than 20;
               (2)  a felony of the third degree if the number of abuse
  units of the controlled substance is 20 or more but fewer than 80;
               (3)  a felony of the second degree if the number of
  abuse units of the controlled substance is 80 or more but fewer than
  4,000;
               (4)  a felony of the first degree if the number of abuse
  units of the controlled substance is 4,000 or more but fewer than
  8,000; and
               (5)  a felony of the first degree 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 15 years and a
  fine not to exceed $250,000, if the number of abuse units of the
  controlled substance is 8,000 or more.
         SECTION 11.  Section 481.116(e), Health and Safety Code, is
  amended to read as follows:
         (e)  An offense under Subsection (a) is a felony of the first
  degree 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 five years, and a fine not to exceed $50,000, if the
  amount of the controlled substance possessed is, by aggregate
  weight, including adulterants or dilutants, 400 grams or more.
         SECTION 12.  Section 481.1161(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An offense under this section is:
               (1)  a Class B misdemeanor if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, two ounces or less;
               (2)  a Class A misdemeanor if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, four ounces or less but more than two
  ounces;
               (3)  a state jail felony if the amount of the controlled
  substance possessed is, by aggregate weight, including adulterants
  or dilutants, five pounds or less but more than four ounces;
               (4)  a felony of the third degree if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, 50 pounds or less but more than 5 pounds;
               (5)  a felony of the second degree if the amount of the
  controlled substance possessed is, by aggregate weight, including
  adulterants or dilutants, 2,000 pounds or less but more than 50
  pounds; and
               (6)  a felony of the first degree 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 the controlled
  substance possessed is, by aggregate weight, including adulterants
  or dilutants, more than 2,000 pounds.
         SECTION 13.  Section 481.117(e), Health and Safety Code, is
  amended to read as follows:
         (e)  An offense under Subsection (a) is a felony of the first
  degree 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 five years, and a fine not to exceed $50,000, if the
  amount of the controlled substance possessed is, by aggregate
  weight, including adulterants or dilutants, 400 grams or more.
         SECTION 14.  Section 481.118(e), Health and Safety Code, is
  amended to read as follows:
         (e)  An offense under Subsection (a) is a felony of the first
  degree 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 five years, and a fine not to exceed $50,000, if the
  amount of the controlled substance possessed is, by aggregate
  weight, including adulterants or dilutants, 400 grams or more.
         SECTION 15.  Section 481.120(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An offense under Subsection (a) is:
               (1)  a Class 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;
               (2)  a Class 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;
               (3)  a state jail felony if the amount of marihuana
  delivered is five pounds or less but more than one-fourth ounce;
               (4)  a felony of the second degree if the amount of
  marihuana delivered is 50 pounds or less but more than five pounds;
               (5)  a felony of the first degree if the amount of
  marihuana delivered is 2,000 pounds or less but more than 50 pounds;
  and
               (6)  a felony of the first degree 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 16.  Section 481.121(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An offense under Subsection (a) is:
               (1)  a Class B misdemeanor if the amount of marihuana
  possessed is two ounces or less;
               (2)  a Class A misdemeanor if the amount of marihuana
  possessed is four ounces or less but more than two ounces;
               (3)  a state jail felony if the amount of marihuana
  possessed is five pounds or less but more than four ounces;
               (4)  a felony of the third degree if the amount of
  marihuana possessed is 50 pounds or less but more than 5 pounds;
               (5)  a felony of the second degree if the amount of
  marihuana possessed is 2,000 pounds or less but more than 50 pounds;
  and
               (6)  a felony of the first degree 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.
         SECTION 17.  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 a first degree felony [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 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
  Section 481.121(b)(5).
         SECTION 18.  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(b), (c) [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)(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 19.  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.
         SECTION 20.  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 21.  Section 71.02(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if, with the intent to
  establish, maintain, or participate in a combination or in the
  profits of a combination or as a member of a criminal street gang,
  the person commits or conspires to commit one or more of the
  following:
               (1)  murder, capital murder, arson, aggravated
  robbery, robbery, burglary, theft, aggravated kidnapping,
  kidnapping, aggravated assault, aggravated sexual assault, sexual
  assault, continuous sexual abuse of young child or disabled
  individual, solicitation of a minor, forgery, deadly conduct,
  assault punishable as a Class A misdemeanor, burglary of a motor
  vehicle, or unauthorized use of a motor vehicle;
               (2)  any gambling offense punishable as a Class A
  misdemeanor;
               (3)  promotion of prostitution, aggravated promotion
  of prostitution, or compelling prostitution;
               (4)  unlawful manufacture, transportation, repair, or
  sale of firearms or prohibited weapons;
               (5)  unlawful manufacture, delivery, dispensation, or
  distribution of a controlled substance or dangerous drug, or
  unlawful possession of a controlled substance or dangerous drug
  through forgery, fraud, misrepresentation, or deception;
               (5-a) causing the unlawful delivery, dispensation, or
  distribution of a controlled substance or dangerous drug in
  violation of Subtitle B, Title 3, Occupations Code;
               (5-b) unlawful possession with intent to deliver a
  controlled substance listed in Penalty Group 1-B under Section
  481.1022, Health and Safety Code;
               (6)  any unlawful wholesale promotion or possession of
  any obscene material or obscene device with the intent to wholesale
  promote the same;
               (7)  any offense under Subchapter B, Chapter 43,
  depicting or involving conduct by or directed toward a child
  younger than 18 years of age;
               (8)  any felony offense under Chapter 32;
               (9)  any offense under Chapter 36;
               (10)  any offense under Chapter 34, 35, or 35A;
               (11)  any offense under Section 37.11(a);
               (12)  any offense under Chapter 20A;
               (13)  any offense under Section 37.10;
               (14)  any offense under Section 38.06, 38.07, 38.09, or
  38.11;
               (15)  any offense under Section 42.10;
               (16)  any offense under Section 46.06(a)(1) or 46.14;
               (17)  any offense under Section 20.05 or 20.06;
               (18)  any offense under Section 16.02; or
               (19)  any offense classified as a felony under the Tax
  Code.
         SECTION 22.  The change in law made by this Act to Section
  193.005, Health and Safety Code, applies only to a death that occurs
  on or after the effective date of this Act, or a death that occurs
  before that date but is discovered on or after the effective date of
  this Act.
         SECTION 23.  The changes in law made by this Act to Chapter
  481, Health and Safety Code, and Sections 19.02 and 71.02, Penal
  Code, 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 24.  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 25.  This Act takes effect September 1, 2023.