BILL ANALYSIS

S.B. 1936

By: Hinojosa, Juan "Chuy"

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, Texas defines an "abuse unit" for Penalty Group 1-A substances, such as LSD, based on how the substance is applied to the carrier medium, typically blotter paper. If the paper is perforated or marked, each individual square is considered one abuse unit. However, the bill sponsor has informed the committee that if the paper is not perforated or marked, the law defines an abuse unit as each quarter-inch square section of paper, requiring laboratories to manually measure and count the dimensions of the sheet, which introduces inconsistency in laboratory analysis and can complicate prosecution, as officers and forensic experts must estimate dosage units based on the physical size of unmarked paper. S.B. 1936 seeks to provide a more uniform and scientifically reliable method for identifying and charging offenses involving LSD by shifting from a dimensional to a weight-based definition. Specifically, the bill replaces the existing language that references square dimensions with a new threshold of 10 milligrams of paper when the carrier medium is unmarked or unperforated.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1936 amends the Health and Safety Code to revise the definition for "abuse unit" for certain controlled substances under the Texas Controlled Substances Act with respect to an adulterant, dilutant, or carrier medium that is paper not marked or perforated into individual abuse units and if the controlled substance is not in liquid or solid form by removing the specification that such a unit is each quarter-inch square section of paper and specifying instead that an abuse unit is each 10 milligrams of paper calculated by rounding the weight down to the nearest whole number.

S.B. 1936 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.