Bill Text: TX HB1365 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to equipment used or intended for use in testing or analyzing a controlled substance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to Public Health [HB1365 Detail]
Download: Texas-2023-HB1365-Introduced.html
88R670 MCF-D | ||
By: Campos | H.B. No. 1365 |
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relating to equipment used or intended for use in testing or | ||
analyzing a controlled substance. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.002(17), Health and Safety Code, is | ||
amended to read as follows: | ||
(17) "Drug paraphernalia" means equipment, a product, | ||
or material that is used or intended for use in planting, | ||
propagating, cultivating, growing, harvesting, manufacturing, | ||
compounding, converting, producing, processing, preparing, | ||
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or concealing a controlled substance in violation of this chapter | ||
or in injecting, ingesting, inhaling, or otherwise introducing into | ||
the human body a controlled substance in violation of this chapter. | ||
The term includes: | ||
(A) a kit used or intended for use in planting, | ||
propagating, cultivating, growing, or harvesting a species of plant | ||
that is a controlled substance or from which a controlled substance | ||
may be derived; | ||
(B) a material, compound, mixture, preparation, | ||
or kit used or intended for use in manufacturing, compounding, | ||
converting, producing, processing, or preparing a controlled | ||
substance; | ||
(C) an isomerization device used or intended for | ||
use in increasing the potency of a species of plant that is a | ||
controlled substance; | ||
(D) [ |
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in weighing or measuring a controlled substance; | ||
(E) [ |
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quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, | ||
lactose, or absorbent, blotter-type material, that is used or | ||
intended to be used to increase the amount or weight of or to | ||
transfer a controlled substance regardless of whether the dilutant | ||
or adulterant diminishes the efficacy of the controlled substance; | ||
(F) [ |
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intended for use in removing twigs and seeds from or in otherwise | ||
cleaning or refining marihuana; | ||
(G) [ |
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mixing device used or intended for use in compounding a controlled | ||
substance; | ||
(H) [ |
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container used or intended for use in packaging small quantities of | ||
a controlled substance; | ||
(I) [ |
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intended for use in storing or concealing a controlled substance; | ||
(J) [ |
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object used or intended for use in parenterally injecting a | ||
controlled substance into the human body; and | ||
(K) [ |
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ingesting, inhaling, or otherwise introducing marihuana, cocaine, | ||
hashish, or hashish oil into the human body, including: | ||
(i) a metal, wooden, acrylic, glass, stone, | ||
plastic, or ceramic pipe with or without a screen, permanent | ||
screen, hashish head, or punctured metal bowl; | ||
(ii) a water pipe; | ||
(iii) a carburetion tube or device; | ||
(iv) a smoking or carburetion mask; | ||
(v) a chamber pipe; | ||
(vi) a carburetor pipe; | ||
(vii) an electric pipe; | ||
(viii) an air-driven pipe; | ||
(ix) a chillum; | ||
(x) a bong; or | ||
(xi) an ice pipe or chiller. | ||
SECTION 2. Sections 481.125(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A person commits an offense if the person knowingly or | ||
intentionally uses or possesses with intent to use drug | ||
paraphernalia to plant, propagate, cultivate, grow, harvest, | ||
manufacture, compound, convert, produce, process, prepare, [ |
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substance in violation of this chapter or to inject, ingest, | ||
inhale, or otherwise introduce into the human body a controlled | ||
substance in violation of this chapter. | ||
(b) A person commits an offense if the person knowingly or | ||
intentionally delivers, possesses with intent to deliver, or | ||
manufactures with intent to deliver drug paraphernalia knowing that | ||
the person who receives or who is intended to receive the drug | ||
paraphernalia intends that it be used to plant, propagate, | ||
cultivate, grow, harvest, manufacture, compound, convert, produce, | ||
process, prepare, [ |
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conceal a controlled substance in violation of this chapter or to | ||
inject, ingest, inhale, or otherwise introduce into the human body | ||
a controlled substance in violation of this chapter. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2023. |