Bill Text: TX HB362 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the use, possession, delivery, or manufacture of testing equipment that identifies the presence of fentanyl, alpha-methylfentanyl, or any other derivative of fentanyl.

Spectrum: Slight Partisan Bill (Democrat 17-10)

Status: (Engrossed - Dead) 2023-04-12 - Referred to Criminal Justice [HB362 Detail]

Download: Texas-2023-HB362-Engrossed.html

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88R669 MCF-D
By: Oliverson, Howard, Talarico, Cole, H.B. No. 362
Leo-Wilson, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the use, possession, delivery, or manufacture of
testing equipment that identifies the presence of fentanyl,
alpha-methylfentanyl, or any other derivative of fentanyl.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.125, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j) This section does not apply to a person who uses,
possesses with the intent to use, delivers, possesses with intent
to deliver, or manufactures with intent to deliver testing
equipment that identifies the presence of fentanyl,
alpha-methylfentanyl, or any other derivative of fentanyl.
SECTION 2. 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 3. This Act takes effect September 1, 2023.