By: West S.B. No. 868
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use, possession, delivery, or manufacture of
  testing equipment that identifies the presence of fentanyl, or any
  other adulterant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.125, Health and Safety Code, is
  amended by adding Subsection (j) to read as follows:
         (j)  This section does not apply to a person who uses,
  possesses with the intent to use, delivers, possesses with intent
  to deliver, or manufactures with intent to deliver testing
  equipment that identifies the presence of fentanyl, or another
  adulterant.
         SECTION 2.  The change in law made by this Act applies 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 at the time 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 3.  This Act takes effect September 1, 2023.