88R8174 CJD-D
 
  By: Kolkhorst S.B. No. 1622
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the manufacture or delivery of a controlled substance
  listed in Penalty Group 1-B causing death; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 481.142 for conduct
  occurring during the same criminal episode.
         SECTION 2.  Subchapter D, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.142 to read as follows:
         Sec. 481.142.  OFFENSE: MANUFACTURE OR DELIVERY OF
  CONTROLLED SUBSTANCE IN PENALTY GROUP 1-B CAUSING DEATH. (a) A
  person commits an offense if the person knowingly manufactures or
  delivers a controlled substance listed in Penalty Group 1-B in
  violation of Section 481.1123 and a person dies as a result of
  injecting, ingesting, inhaling, or introducing into the person'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.
         (b)  An offense under this section is a felony of the first
  degree.
         (c)  It is a defense to prosecution under this section that
  the actor's conduct in manufacturing or delivering the controlled
  substance was authorized under this chapter or other state or
  federal law.
         (d)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this chapter
  or the Penal Code, the actor may be prosecuted under either section
  or both sections.
         SECTION 3.  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 section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2023.