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AN ACT
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relating to increasing the criminal penalties for the offenses of |
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providing or possessing with the intent to provide an alcoholic |
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beverage, a controlled substance, or a dangerous drug to a person in |
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the custody of a correctional facility, taking an alcoholic |
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beverage, a controlled substance, or a dangerous drug into a |
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correctional facility, and taking a controlled substance or |
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dangerous drug on property owned, used, or controlled by a |
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correctional facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.11, Penal Code, is amended by |
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amending Subsection (g) and adding Subsections (g-1) and (g-2) to |
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read as follows: |
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(g) Except as otherwise provided by Subsections (g-1) and |
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(g-2), an [An] offense under this section is a felony of the third |
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degree. |
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(g-1) Except as otherwise provided by Subsection (g-2), an |
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offense under Subsection (a)(1), (b), or (c) committed with respect |
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to a correctional facility is a felony of the second degree if the |
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actor is employed by the correctional facility. |
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(g-2) An offense under Subsection (a)(1), (b), or (c) |
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committed with respect to a correctional facility is a felony of the |
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first degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 15 years, and a fine not to exceed $250,000 if: |
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(1) the actor is employed by the correctional |
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facility; and |
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(2) the ingestion, inhalation, injection, or other |
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administration of the controlled substance or dangerous drug that |
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is the subject of the offense causes the death of a person in the |
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custody of the correctional facility. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3464 was passed by the House on May 6, |
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2025, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3464 on May 28, 2025, by the following vote: Yeas 128, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3464 was passed by the Senate, with |
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amendments, on May 23, 2025, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |