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A BILL TO BE ENTITLED
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AN ACT
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relating to committing the criminal offense of endangering a child, |
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elderly individual, or disabled individual by engaging in certain |
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conduct involving a controlled substance listed in Penalty Group |
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1-B of the Texas Controlled Substances Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.041(c-1), Penal Code, is amended to |
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read as follows: |
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(c-1) For purposes of Subsection (c), it is presumed that a |
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person engaged in conduct that places a child, elderly individual, |
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or disabled individual in imminent danger of death, bodily injury, |
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or physical or mental impairment if: |
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(1) the person manufactured, possessed, or in any way |
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introduced into the body of any person the controlled substance |
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methamphetamine or a controlled substance listed in Penalty Group |
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1-B, Section 481.1022, Health and Safety Code, in the presence of |
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the child, elderly individual, or disabled individual; |
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(2) the person's conduct related to the proximity or |
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accessibility of the controlled substance methamphetamine or a |
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controlled substance listed in Penalty Group 1-B, Section 481.1022, |
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Health and Safety Code, to the child, elderly individual, or |
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disabled individual and an analysis of a specimen of the child's or |
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individual's blood, urine, or other bodily substance indicates the |
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presence of methamphetamine or a controlled substance listed in |
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Penalty Group 1-B in the body of the child or individual; or |
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(3) the person injected, ingested, inhaled, or |
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otherwise introduced a controlled substance listed in Penalty Group |
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1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, |
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Section 481.1022, Health and Safety Code, into the human body when |
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the person was not in lawful possession of the substance as defined |
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by Section 481.002(24) of that code. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |