Bill Text: TX HB3620 | 2023-2024 | 88th Legislature | Introduced

Bill Title: Relating to repealing certain offenses and removing certain regulations relating to marihuana, cannabis, cannabinoids, synthetic cannabinoids, and paraphernalia.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Criminal Jurisprudence [HB3620 Detail]

Download: Texas-2023-HB3620-Introduced.html
  88R11703 JSC-D
 
  By: Rosenthal H.B. No. 3620
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to repealing certain offenses and removing certain
  regulations relating to marihuana, cannabis, cannabinoids,
  synthetic cannabinoids, and paraphernalia.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The following provisions are repealed:
               (1)  Section 122.103(c), Agriculture Code;
               (2)  Section 122.358, Agriculture Code;
               (3)  Sections 69.06(e) and 104.01(c), Alcoholic
  Beverage Code;
               (4)  Article 13.22, Code of Criminal Procedure;
               (5)  Sections 443.202(a) and 443.2025(a), Health and
  Safety Code;
               (6)  Section 481.002(17), Health and Safety Code;
               (7)  Section 481.1031, Health and Safety Code;
               (8)  Sections 481.111(c), (e), and (f), Health and
  Safety Code;
               (9)  Sections 481.1131, 481.1161, 481.120, 481.121,
  481.125, and 481.183, Health and Safety Code;
               (10)  Subchapter G, Chapter 481, Health and Safety
  Code;
               (11)  Chapter 487, Health and Safety Code; and
               (12)  Chapter 169, Occupations Code.
         SECTION 2.  Section 122.354, Agriculture Code, is amended to
  read as follows:
         Sec. 122.354.  DEPARTMENT RULES. The department, in
  consultation with the Department of Public Safety, shall adopt
  rules regulating the transportation of hemp in this state [to
  ensure that illegal marihuana is not transported into or through
  this state disguised as legal hemp].
         SECTION 3.  Section 69.06(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  The commission shall deny an original application for a
  retail dealer's on-premise license if the commission finds that the
  applicant or the applicant's spouse, during the five years
  immediately preceding the application, was finally convicted of a
  felony or one of the following offenses:
               (1)  prostitution or solicitation of prostitution;
               (2)  a vagrancy offense involving moral turpitude;
               (3)  bookmaking;
               (4)  gambling or gaming;
               (5)  an offense involving controlled substances as
  defined in the Texas Controlled Substances Act, including [an
  offense involving a synthetic cannabinoid, or] an offense involving
  other dangerous drugs;
               (6)  a violation of this code resulting in the
  cancellation of a license or permit, or a fine of not less than
  $500;
               (7)  more than three violations of this code relating
  to minors;
               (8)  bootlegging; or
               (9)  an offense involving firearms or a deadly weapon.
         SECTION 4.  Section 104.01(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  A person authorized to sell malt beverages at retail, or
  the person's agent, servant, or employee, may not engage in or
  permit conduct on the premises of the retailer which is lewd,
  immoral, or offensive to public decency, including any of the
  following acts:
               (1)  the use of loud and vociferous or obscene, vulgar,
  or indecent language, or permitting its use;
               (2)  the exposure of a person or permitting a person to
  expose himself or herself;
               (3)  rudely displaying or permitting a person to rudely
  display a pistol or other deadly weapon in a manner calculated to
  disturb persons in the retail establishment;
               (4)  solicitation of any person to buy drinks for
  consumption by the retailer or any of the retailer's employees;
               (5)  being intoxicated on the licensed premises;
               (6)  permitting lewd or vulgar entertainment or acts;
               (7)  permitting solicitations of persons for immoral or
  sexual purposes;
               (8)  failing or refusing to comply with state or
  municipal health or sanitary laws or ordinances; or
               (9)  possession of a narcotic [or synthetic
  cannabinoid] or any equipment used or designed for the
  administering of a narcotic [or a synthetic cannabinoid] or
  permitting a person on the licensed premises to do so.
         SECTION 5.  Article 14.06(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  Subsection (c) applies only to a person charged with
  committing an offense under:
               (1)  [Section 481.121, Health and Safety Code, if the
  offense is punishable under Subsection (b)(1) or (2) of that
  section;
               [(1-a)]  Section 481.1161, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1) or (2) of that
  section;
               (2)  Section 28.03, Penal Code, if the offense is
  punishable under Subsection (b)(2) of that section;
               (3)  Section 28.08, Penal Code, if the offense is
  punishable under Subsection (b)(2) or (3) of that section;
               (4)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(2)(A) of that section;
               (5)  Section 31.04, Penal Code, if the offense is
  punishable under Subsection (e)(2) of that section;
               (6)  Section 38.114, Penal Code, if the offense is
  punishable as a Class B misdemeanor; or
               (7)  Section 521.457, Transportation Code.
         SECTION 6.  Article 15.27(h), Code of Criminal Procedure, is
  amended to read as follows:
         (h)  This article applies to any felony offense and the
  following misdemeanors:
               (1)  an offense under Section 20.02, 21.08, 22.01,
  22.05, 22.07, or 71.02, Penal Code;
               (2)  the unlawful use, sale, or possession of a
  controlled substance[, drug paraphernalia, or marihuana], as
  defined by Chapter 481, Health and Safety Code; or
               (3)  the unlawful possession of any of the weapons or
  devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
  weapon listed as a prohibited weapon under Section 46.05, Penal
  Code.
         SECTION 7.  Article 18A.101, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 18A.101.  OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
  ISSUED. A judge of competent jurisdiction may issue an
  interception order only if the prosecutor applying for the order
  shows probable cause to believe that the interception will provide
  evidence of the commission of:
               (1)  a felony under any of the following provisions of
  the Health and Safety Code:
                     (A)  Chapter 481[, other than felony possession of
  marihuana];
                     (B)  Chapter 483; or
                     (C)  Section 485.032;
               (2)  an offense under any of the following provisions
  of the Penal Code:
                     (A)  Section 19.02;
                     (B)  Section 19.03;
                     (C)  Section 20.03;
                     (D)  Section 20.04;
                     (E)  Chapter 20A;
                     (F)  Chapter 34, if the criminal activity giving
  rise to the proceeds involves the commission of an offense under
  Title 5, Penal Code, or an offense under federal law or the laws of
  another state containing elements that are substantially similar to
  the elements of an offense under Title 5;
                     (G)  Section 38.11;
                     (H)  Section 43.04;
                     (I)  Section 43.041;
                     (J)  Section 43.05; or
                     (K)  Section 43.26; or
               (3)  an attempt, conspiracy, or solicitation to commit
  an offense listed in Subdivision (1) or (2).
         SECTION 8.  Article 42A.301(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  Conditions of community supervision may include
  conditions requiring the defendant to:
               (1)  commit no offense against the laws of this state or
  of any other state or of the United States;
               (2)  avoid injurious or vicious habits;
               (3)  report to the supervision officer as directed by
  the judge or supervision officer and obey all rules and regulations
  of the community supervision and corrections department;
               (4)  permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (5)  work faithfully at suitable employment to the
  extent possible;
               (6)  remain within a specified place;
               (7)  pay in one or more amounts:
                     (A)  the defendant's fine, if one is assessed; and
                     (B)  all court costs, regardless of whether a fine
  is assessed;
               (8)  support the defendant's dependents;
               (9)  participate, for a period specified by the judge,
  in any community-based program, including a community service
  project under Article 42A.304;
               (10)  if the judge determines that the defendant has
  financial resources that enable the defendant to offset in part or
  in whole the costs of the legal services provided to the defendant
  in accordance with Article 1.051(c) or (d), including any expenses
  and costs, reimburse the county in which the prosecution was
  instituted for the costs of the legal services in an amount that the
  judge finds the defendant is able to pay, except that the defendant
  may not be ordered to pay an amount that exceeds:
                     (A)  the actual costs, including any expenses and
  costs, paid by the county for the legal services provided by an
  appointed attorney; or
                     (B)  if the defendant was represented by a public
  defender's office, the actual amount, including any expenses and
  costs, that would have otherwise been paid to an appointed attorney
  had the county not had a public defender's office;
               (11)  if under custodial supervision in a community
  corrections facility:
                     (A)  remain under that supervision;
                     (B)  obey all rules and regulations of the
  facility; and
                     (C)  pay a percentage of the defendant's income to
  the facility for room and board;
               (12)  submit to testing for alcohol or controlled
  substances;
               (13)  attend counseling sessions for substance abusers
  or participate in substance abuse treatment services in a program
  or facility approved or licensed by the Department of State Health
  Services;
               (14)  with the consent of the victim of a misdemeanor
  offense or of any offense under Title 7, Penal Code, participate in
  victim-defendant mediation;
               (15)  submit to electronic monitoring;
               (16)  reimburse the compensation to victims of crime
  fund for any amounts paid from that fund to or on behalf of a victim,
  as defined by Article 56B.003, of the offense or if no reimbursement
  is required, make one payment to the compensation to victims of
  crime fund in an amount not to exceed $50 if the offense is a
  misdemeanor or not to exceed $100 if the offense is a felony;
               (17)  reimburse a law enforcement agency for the
  analysis, storage, or disposal of raw materials, controlled
  substances, chemical precursors, [drug paraphernalia,] or other
  materials seized in connection with the offense;
               (18)  reimburse all or part of the reasonable and
  necessary costs incurred by the victim for psychological counseling
  made necessary by the offense or for counseling and education
  relating to acquired immune deficiency syndrome or human
  immunodeficiency virus made necessary by the offense;
               (19)  pay a fine in an amount not to exceed $50 to a
  crime stoppers organization, as defined by Section 414.001,
  Government Code, and as certified by the Texas Crime Stoppers
  Council;
               (20)  submit a DNA sample to the Department of Public
  Safety under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant; and
               (21)  in any manner required by the judge, provide in
  the county in which the offense was committed public notice of the
  offense for which the defendant was placed on community
  supervision.
         SECTION 9.  Article 42A.514(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  If a judge grants community supervision to a defendant
  younger than 18 years of age convicted of an alcohol-related
  offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
  106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
  an offense involving possession of a controlled substance [or
  marihuana] under Section 481.115, 481.1151, 481.116, [481.1161,]
  481.117, or 481.118, [or 481.121,] Health and Safety Code, the
  judge may require the defendant as a condition of community
  supervision to successfully complete, as appropriate:
               (1)  an alcohol awareness program under Section
  106.115, Alcoholic Beverage Code, that is regulated by the Texas
  Department of Licensing and Regulation under Chapter 171,
  Government Code; or
               (2)  a drug education program that is designed to
  educate persons on the dangers of drug abuse in accordance with
  Section 521.374(a)(1), Transportation Code, and that is regulated
  by the Texas Department of Licensing and Regulation under Chapter
  171, Government Code.
         SECTION 10.  Articles 42A.551(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  Except as otherwise provided by Subsection (b) or (c),
  on conviction of a state jail felony under Section 481.115(b),
  481.1151(b)(1), 481.116(b), [481.1161(b)(3), 481.121(b)(3),] or
  481.129(g)(1), Health and Safety Code, that is punished under
  Section 12.35(a), Penal Code, the judge shall suspend the
  imposition of the sentence and place the defendant on community
  supervision.
         (c)  Subsection (a) does not apply to a defendant who[:
               [(1)]  under Section 481.1151(b)(1), Health and Safety
  Code, possessed more than five abuse units of the controlled
  substance[;
               [(2)  under Section 481.1161(b)(3), Health and Safety
  Code, possessed more than one pound, by aggregate weight, including
  adulterants or dilutants, of the controlled substance; or
               [(3)  under Section 481.121(b)(3), Health and Safety
  Code, possessed more than one pound of marihuana].
         SECTION 11.  Article 42A.555(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A judge assessing punishment in a state jail felony case
  may impose as a condition of community supervision that a defendant
  submit at the beginning of the period of community supervision to a
  term of confinement in a state jail felony facility for a term of:
               (1)  not less than 90 days or more than 180 days; or
               (2)  not less than 90 days or more than one year, if the
  defendant is convicted of an offense punishable as a state jail
  felony under Section 481.112, 481.1121, or 481.113, [or 481.120,]
  Health and Safety Code.
         SECTION 12.  Section 37.005(c), Education Code, is amended
  to read as follows:
         (c)  A student who is enrolled in a grade level below grade
  three may not be placed in out-of-school suspension unless while on
  school property or while attending a school-sponsored or
  school-related activity on or off of school property, the student
  engages in:
               (1)  conduct that contains the elements of an offense
  related to weapons under Section 46.02 or 46.05, Penal Code;
               (2)  conduct that contains the elements of a violent
  offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
  or
               (3)  selling, giving, or delivering to another person
  or possessing, using, or being under the influence of any amount of:
                     (A)  [marihuana or] a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                     (B)  a dangerous drug, as defined by Chapter 483,
  Health and Safety Code; or
                     (C)  an alcoholic beverage, as defined by Section
  1.04, Alcoholic Beverage Code.
         SECTION 13.  Section 37.006(a), Education Code, is amended
  to read as follows:
         (a)  A student shall be removed from class and placed in a
  disciplinary alternative education program as provided by Section
  37.008 if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of false alarm or report under
  Section 42.06, Penal Code, or terroristic threat under Section
  22.07, Penal Code; or
               (2)  commits the following on or within 300 feet of
  school property, as measured from any point on the school's real
  property boundary line, or while attending a school-sponsored or
  school-related activity on or off of school property:
                     (A)  engages in conduct punishable as a felony;
                     (B)  engages in conduct that contains the elements
  of the offense of assault under Section 22.01(a)(1), Penal Code;
                     (C)  sells, gives, or delivers to another person
  or possesses or uses or is under the influence of:
                           (i)  [marihuana or] a controlled substance,
  as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.; or
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code;
                     (D)  sells, gives, or delivers to another person
  an alcoholic beverage, as defined by Section 1.04, Alcoholic
  Beverage Code, commits a serious act or offense while under the
  influence of alcohol, or possesses, uses, or is under the influence
  of an alcoholic beverage;
                     (E)  engages in conduct that contains the elements
  of an offense relating to an abusable volatile chemical under
  Sections 485.031 through 485.034, Health and Safety Code;
                     (F)  engages in conduct that contains the elements
  of the offense of public lewdness under Section 21.07, Penal Code,
  or indecent exposure under Section 21.08, Penal Code; or
                     (G)  engages in conduct that contains the elements
  of the offense of harassment under Section 42.07(a)(1), (2), (3),
  or (7), Penal Code, against an employee of the school district.
         SECTION 14.  Section 37.007(b), Education Code, is amended
  to read as follows:
         (b)  A student may be expelled if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of false alarm or report under
  Section 42.06, Penal Code, or terroristic threat under Section
  22.07, Penal Code;
               (2)  while on or within 300 feet of school property, as
  measured from any point on the school's real property boundary
  line, or while attending a school-sponsored or school-related
  activity on or off of school property:
                     (A)  sells, gives, or delivers to another person
  or possesses, uses, or is under the influence of any amount of:
                           (i)  [marihuana or] a controlled substance,
  as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code; or
                           (iii)  an alcoholic beverage, as defined by
  Section 1.04, Alcoholic Beverage Code;
                     (B)  engages in conduct that contains the elements
  of an offense relating to an abusable volatile chemical under
  Sections 485.031 through 485.034, Health and Safety Code;
                     (C)  engages in conduct that contains the elements
  of an offense under Section 22.01(a)(1), Penal Code, against a
  school district employee or a volunteer as defined by Section
  22.053; or
                     (D)  engages in conduct that contains the elements
  of the offense of deadly conduct under Section 22.05, Penal Code;
               (3)  subject to Subsection (d), while within 300 feet
  of school property, as measured from any point on the school's real
  property boundary line:
                     (A)  engages in conduct specified by Subsection
  (a); or
                     (B)  possesses a firearm, as defined by 18 U.S.C.
  Section 921;
               (4)  engages in conduct that contains the elements of
  any offense listed in Subsection (a)(2)(A) or (C) or the offense of
  aggravated robbery under Section 29.03, Penal Code, against another
  student, without regard to whether the conduct occurs on or off of
  school property or while attending a school-sponsored or
  school-related activity on or off of school property; or
               (5)  engages in conduct that contains the elements of
  the offense of breach of computer security under Section 33.02,
  Penal Code, if:
                     (A)  the conduct involves accessing a computer,
  computer network, or computer system owned by or operated on behalf
  of a school district; and
                     (B)  the student knowingly:
                           (i)  alters, damages, or deletes school
  district property or information; or
                           (ii)  commits a breach of any other
  computer, computer network, or computer system.
         SECTION 15.  Section 37.015(a), Education Code, is amended
  to read as follows:
         (a)  The principal of a public or private primary or
  secondary school, or a person designated by the principal under
  Subsection (d), shall notify any school district police department
  and the police department of the municipality in which the school is
  located or, if the school is not in a municipality, the sheriff of
  the county in which the school is located if the principal has
  reasonable grounds to believe that any of the following activities
  occur in school, on school property, or at a school-sponsored or
  school-related activity on or off school property, whether or not
  the activity is investigated by school security officers:
               (1)  conduct that may constitute an offense listed
  under Section 508.149, Government Code;
               (2)  deadly conduct under Section 22.05, Penal Code;
               (3)  a terroristic threat under Section 22.07, Penal
  Code;
               (4)  the use, sale, or possession of a controlled
  substance[, drug paraphernalia, or marihuana] under Chapter 481,
  Health and Safety Code;
               (5)  the possession of any of the weapons or devices
  listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
  Code;
               (6)  conduct that may constitute a criminal offense
  under Section 71.02, Penal Code; or
               (7)  conduct that may constitute a criminal offense for
  which a student may be expelled under Section 37.007(a), (d), or
  (e).
         SECTION 16.  Section 37.016, Education Code, is amended to
  read as follows:
         Sec. 37.016.  REPORT OF DRUG OFFENSES; LIABILITY. A
  teacher, school administrator, or school employee is not liable in
  civil damages for reporting to a school administrator or
  governmental authority, in the exercise of professional judgment
  within the scope of the teacher's, administrator's, or employee's
  duties, a student whom the teacher suspects of using, passing, or
  selling, on school property:
               (1)  [marihuana or] a controlled substance, as defined
  by Chapter 481, Health and Safety Code;
               (2)  a dangerous drug, as defined by Chapter 483,
  Health and Safety Code;
               (3)  an abusable glue or aerosol paint, as defined by
  Chapter 485, Health and Safety Code, or a volatile chemical, as
  listed in Chapter 484, Health and Safety Code, if the substance is
  used or sold for the purpose of inhaling its fumes or vapors; or
               (4)  an alcoholic beverage, as defined by Section 1.04,
  Alcoholic Beverage Code.
         SECTION 17.  Section 53.03(h-1), Family Code, is amended to
  read as follows:
         (h-1)  If the child is alleged to have engaged in delinquent
  conduct or conduct indicating a need for supervision that violates
  Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
  481.118, [or 481.121,] Health and Safety Code, deferred prosecution
  under this section may include a condition that the child
  successfully complete a drug education program that is designed to
  educate persons on the dangers of drug abuse in accordance with
  Section 521.374(a)(1), Transportation Code, and that is regulated
  by the Texas Department of Licensing and Regulation under Chapter
  171, Government Code.
         SECTION 18.  Section 54.047(a), Family Code, is amended to
  read as follows:
         (a)  If the court or jury finds at an adjudication hearing
  for a child that the child engaged in delinquent conduct or conduct
  indicating a need for supervision that constitutes a violation of
  Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
  481.118, [or 481.121,] Health and Safety Code, the court may order
  that the child successfully complete a drug education program that
  is designed to educate persons on the dangers of drug abuse in
  accordance with Section 521.374(a)(1), Transportation Code, and
  that is regulated by the Texas Department of Licensing and
  Regulation under Chapter 171, Government Code.
         SECTION 19.  Section 161.001(c), Family Code, as amended by
  Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
  Legislature, Regular Session, 2021, is reenacted and amended to
  read as follows:
         (c)  Evidence of one or more of the following does not
  constitute clear and convincing evidence sufficient for a court to
  make a finding under Subsection (b) and order termination of the
  parent-child relationship:
               (1)  the parent homeschooled the child;
               (2)  the parent is economically disadvantaged;
               (3)  the parent has been charged with a nonviolent
  misdemeanor offense other than:
                     (A)  an offense under Title 5, Penal Code;
                     (B)  an offense under Title 6, Penal Code; or
                     (C)  an offense that involves family violence, as
  defined by Section 71.004 of this code;
               (4)  the parent provided or administered marihuana or
  [low-THC] cannabis to a child for whom marihuana or [the low-THC]
  cannabis was recommended or prescribed by a medical practitioner
  for a medical condition [under Chapter 169, Occupations Code];
               (5)  the parent declined immunization for the child for
  reasons of conscience, including a religious belief; [or]
               (6)  the parent sought an opinion from more than one
  medical provider relating to the child's medical care, transferred
  the child's medical care to a new medical provider, or transferred
  the child to another health care facility; or
               (7) [(6)]  the parent allowed the child to engage in
  independent activities that are appropriate and typical for the
  child's level of maturity, physical condition, developmental
  abilities, or culture.
         SECTION 20.  Section 262.116(a), Family Code, as amended by
  Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
  Legislature, Regular Session, 2021, is reenacted and amended to
  read as follows:
         (a)  The Department of Family and Protective Services may not
  take possession of a child under this subchapter based on evidence
  that the parent:
               (1)  homeschooled the child;
               (2)  is economically disadvantaged;
               (3)  has been charged with a nonviolent misdemeanor
  offense other than:
                     (A)  an offense under Title 5, Penal Code;
                     (B)  an offense under Title 6, Penal Code; or
                     (C)  an offense that involves family violence, as
  defined by Section 71.004 of this code;
               (4)  provided or administered marihuana or [low-THC]
  cannabis to a child for whom marihuana or [the low-THC] cannabis was
  recommended or prescribed by a medical practitioner for a medical
  condition [under Chapter 169, Occupations Code];
               (5)  declined immunization for the child for reasons of
  conscience, including a religious belief; [or]
               (6)  sought an opinion from more than one medical
  provider relating to the child's medical care, transferred the
  child's medical care to a new medical provider, or transferred the
  child to another health care facility;
               (7) [(6)]  allowed the child to engage in independent
  activities that are appropriate and typical for the child's level
  of maturity, physical condition, developmental abilities, or
  culture; or
               (8) [(7)]  tested positive for marihuana, unless the
  department has evidence that the parent's use of marihuana has
  caused significant impairment to the child's physical or mental
  health or emotional development.
         SECTION 21.  Section 76.017(b), Government Code, is amended
  to read as follows:
         (b)  The program must:
               (1)  include automatic screening and evaluation of a
  person arrested for an offense, other than a Class C misdemeanor, in
  which an element of the offense is the use or possession of alcohol
  or the use, possession, or sale of a controlled substance [or
  marihuana];
               (2)  include automatic screening and evaluation of a
  person arrested for an offense, other than a Class C misdemeanor, in
  which the use of alcohol or drugs is suspected to have significantly
  contributed to the offense for which the individual has been
  arrested;
               (3)  coordinate the evaluation and referral to
  treatment services; and
               (4)  make referrals for the appropriate treatment of a
  person determined to be in need of treatment, including referrals
  to a community corrections facility as defined by Section 509.001.
         SECTION 22.  Section 123.002, Government Code, is amended to
  read as follows:
         Sec. 123.002.  AUTHORITY TO ESTABLISH PROGRAM. The
  commissioners court of a county or governing body of a municipality
  may establish the following types of drug court programs:
               (1)  drug courts for persons arrested for, charged
  with, or convicted of:
                     (A)  an offense in which an element of the offense
  is the use or possession of alcohol or the use, possession, or sale
  of a controlled substance or[,] a controlled substance analogue[,
  or marihuana]; or
                     (B)  an offense in which the use of alcohol or a
  controlled substance is suspected to have significantly
  contributed to the commission of the offense and the offense did not
  involve:
                           (i)  carrying, possessing, or using a
  firearm or other dangerous weapon;
                           (ii)  the use of force against the person of
  another; or
                           (iii)  the death of or serious bodily injury
  to another;
               (2)  drug courts for juveniles detained for, taken into
  custody for, or adjudicated as having engaged in:
                     (A)  delinquent conduct, including habitual
  felony conduct, or conduct indicating a need for supervision in
  which an element of the conduct is the use or possession of alcohol
  or the use, possession, or sale of a controlled substance or[,] a
  controlled substance analogue[, or marihuana]; or
                     (B)  delinquent conduct, including habitual
  felony conduct, or conduct indicating a need for supervision in
  which the use of alcohol or a controlled substance is suspected to
  have significantly contributed to the commission of the conduct and
  the conduct did not involve:
                           (i)  carrying, possessing, or using a
  firearm or other dangerous weapon;
                           (ii)  the use of force against the person of
  another; or
                           (iii)  the death of or serious bodily injury
  to another;
               (3)  reentry drug courts for persons with a
  demonstrated history of using alcohol or a controlled substance who
  may benefit from a program designed to facilitate the person's
  transition and reintegration into the community on release from a
  state or local correctional facility;
               (4)  family dependency drug treatment courts for family
  members involved in a suit affecting the parent-child relationship
  in which a parent's use of alcohol or a controlled substance is a
  primary consideration in the outcome of the suit; or
               (5)  programs for other persons not precisely described
  by Subdivisions (1)-(4) who may benefit from a program that has the
  essential characteristics described by Section 123.001.
         SECTION 23.  Section 411.0728(a), Government Code, is
  amended to read as follows:
         (a)  This section applies only to a person:
               (1)  who is convicted of or placed on deferred
  adjudication community supervision for an offense under:
                     (A)  [Section 481.120, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1);
                     [(B)  Section 481.121, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1);
                     [(C)]  Section 31.03, Penal Code, if the offense
  is punishable under Subsection (e)(1) or (2); or
                     (B) [(D)]  Section 43.02, Penal Code; and
               (2)  who, if requested by the applicable law
  enforcement agency or prosecuting attorney to provide assistance in
  the investigation or prosecution of an offense under Section
  20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
  containing elements that are substantially similar to the elements
  of an offense under any of those sections:
                     (A)  provided assistance in the investigation or
  prosecution of the offense; or
                     (B)  did not provide assistance in the
  investigation or prosecution of the offense due to the person's age
  or a physical or mental disability resulting from being a victim of
  an offense described by this subdivision.
         SECTION 24.  Section 411.0891(a), Government Code, is
  amended to read as follows:
         (a)  Subject to Section 411.087, the department is
  authorized to obtain and use criminal history record information
  maintained by the Federal Bureau of Investigation or the department
  that relates to a person who:
               (1)  is an applicant for or holds a registration issued
  by the director under Subchapter C, Chapter 481, Health and Safety
  Code, that authorizes the person to manufacture, distribute,
  analyze, or conduct research with a controlled substance;
               (2)  [is an applicant for or holds a registration
  issued by the department under Chapter 487, Health and Safety Code,
  to be a director, manager, or employee of a dispensing
  organization, as defined by Section 487.001, Health and Safety
  Code;
               [(3)]  is an applicant for or holds an authorization
  issued by the department under Section 521.2476, Transportation
  Code, to do business in this state as a vendor of ignition interlock
  devices;
               (3) [(4)]  is an applicant for or holds certification
  by the department as an inspection station or an inspector under
  Subchapter G, Chapter 548, Transportation Code, holds an inspection
  station or inspector certificate issued under that subchapter, or
  is the owner of an inspection station operating under that chapter;
  or
               (4) [(5)]  is an applicant for or holds a certificate
  of registration issued by the department under Chapter 1956,
  Occupations Code, to act as a metal recycling entity.
         SECTION 25.  Section 411.502, Government Code, is amended to
  read as follows:
         Sec. 411.502.  APPLICABILITY. This subchapter applies to a
  program, and persons regulated under the program, administered by
  the department under the following laws, including rules adopted
  under those laws:
               (1)  Section 411.0625;
               (2)  [Chapter 487, Health and Safety Code;
               [(3)]  Chapter 1702, Occupations Code;
               (3) [(4)]  Chapter 1956, Occupations Code;
               (4) [(5)]  Section 521.2476, Transportation Code; and
               (5) [(6)]  Subchapter G, Chapter 548, Transportation
  Code.
         SECTION 26.  Sections 481.002(5), (6), (8), and (25), Health
  and Safety Code, are amended to read as follows:
               (5)  "Controlled substance" means a substance,
  including a drug, an adulterant, and a dilutant, listed in
  Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, [2-A,] 3, or
  4.  The term includes the aggregate weight of any mixture,
  solution, or other substance containing a controlled
  substance.  The term does not include hemp, as defined by Section
  121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
               (6)  "Controlled substance analogue" means:
                     (A)  a substance with a chemical structure
  substantially similar to the chemical structure of a controlled
  substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, or 2[, or
  2-A]; or
                     (B)  a substance specifically designed to produce
  an effect substantially similar to, or greater than, the effect of a
  controlled substance in Schedule I or II or Penalty Group 1, 1-A,
  1-B, or 2[, or 2-A].
               (8)  "Deliver" means to transfer, actually or
  constructively, to another a controlled substance or [,]
  counterfeit substance, [or drug paraphernalia,] regardless of
  whether there is an agency relationship. The term includes
  offering to sell a controlled substance or [,] counterfeit
  substance[, or drug paraphernalia].
               (25)  "Manufacture" means the production, preparation,
  propagation, compounding, conversion, or processing of a
  controlled substance [other than marihuana,] directly or
  indirectly by extraction from substances of natural origin,
  independently by means of chemical synthesis, or by a combination
  of extraction and chemical synthesis, and includes the packaging or
  repackaging of the substance or labeling or relabeling of its
  container. However, the term does not include the preparation,
  compounding, packaging, or labeling of a controlled substance:
                     (A)  by a practitioner as an incident to the
  practitioner's administering or dispensing a controlled substance
  in the course of professional practice; or
                     (B)  by a practitioner, or by an authorized agent
  under the supervision of the practitioner, for or as an incident to
  research, teaching, or chemical analysis and not for delivery.
         SECTION 27.  Section 481.062, Health and Safety Code, is
  amended to read as follows:
         Sec. 481.062.  EXEMPTIONS. [(a)] The following persons may
  possess a controlled substance under this chapter without
  registering with the Federal Drug Enforcement Administration:
               (1)  an agent or employee of a manufacturer,
  distributor, analyzer, or dispenser of the controlled substance who
  is registered with the Federal Drug Enforcement Administration and
  acting in the usual course of business or employment;
               (2)  a common or contract carrier, a warehouseman, or
  an employee of a carrier or warehouseman whose possession of the
  controlled substance is in the usual course of business or
  employment;
               (3)  an ultimate user or a person in possession of the
  controlled substance under a lawful order of a practitioner or in
  lawful possession of the controlled substance if it is listed in
  Schedule V; or
               (4)  an officer or employee of this state, another
  state, a political subdivision of this state or another state, or
  the United States who is lawfully engaged in the enforcement of a
  law relating to a controlled substance or drug or to a customs law
  and authorized to possess the controlled substance in the discharge
  of the person's official duties[;
               [(5)  if the substance is tetrahydrocannabinol or one
  of its derivatives:
                     [(A)  a Department of State Health Services
  official, a medical school researcher, or a research program
  participant possessing the substance as authorized under
  Subchapter G; or
                     [(B)  a practitioner or an ultimate user
  possessing the substance as a participant in a federally approved
  therapeutic research program that the commissioner has reviewed and
  found, in writing, to contain a medically responsible research
  protocol; or
               [(6)  a dispensing organization licensed under Chapter
  487 that possesses low-THC cannabis].
         SECTION 28.  Section 481.103(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Penalty Group 2 consists of:
               (1)  any quantity of the following hallucinogenic
  substances, their salts, isomers, and salts of isomers, unless
  specifically excepted, if the existence of these salts, isomers,
  and salts of isomers is possible within the specific chemical
  designation:
         5-(2-aminopropyl)benzofuran (5-APB);
         6-(2-aminopropyl)benzofuran (6-APB);
         5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
         6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
         5-(2-aminopropyl)indole (5-IT,5-API);
         6-(2-aminopropyl)indole (6-IT,6-API);
         1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
         1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
         Benzothiophenylcyclohexylpiperidine (BTCP);
         8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
  4-ethanamine (trade or other name: Bromo-DragonFLY);
         Desoxypipradrol (2-benzhydrylpiperidine);
         2, 5-dimethoxyamphetamine (some trade or other names: 2,
  5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
         Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol,
  D2PM);
         Dronabinol (synthetic) in sesame oil and encapsulated in a
  soft gelatin capsule in a U.S. Food and Drug Administration
  approved drug product (some trade or other names for Dronabinol:
  (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
  trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
  (trans)- tetrahydrocannabinol);
         Ethylamine Analog of Phencyclidine (some trade or other
  names: N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl)
  ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
  PCE);
         2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or
  other name: methoxetamine);
         Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8,
  9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1',
  2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
         5-iodo-2-aminoindane (5-IAI);
         Mescaline;
         5-methoxy-3, 4-methylenedioxy amphetamine;
         4-methoxyamphetamine (some trade or other names:
  4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
  PMA);
         4-methoxymethamphetamine (PMMA);
         2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some
  trade and other names: 2-MeO-ketamine; methoxyketamine);
         1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);
         4-methyl-2, 5-dimethoxyamphetamine (some trade and other
  names: 4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine;
  "DOM"; "STP");
         3,4-methylenedioxy methamphetamine (MDMA, MDM);
         3,4-methylenedioxy amphetamine;
         3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl
  MDA);
         5,6-methylenedioxy-2-aminoindane (MDAI);
         Nabilone (Another name for nabilone: (+)-trans-
  3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
  6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
         N-benzylpiperazine (some trade or other names: BZP;
  1-benzylpiperazine);
         N-ethyl-3-piperidyl benzilate;
         N-hydroxy-3,4-methylenedioxyamphetamine (Also known as
  N-hydroxy MDA);
         4-methylaminorex;
         N-methyl-3-piperidyl benzilate;
         Parahexyl (some trade or other names: 3-Hexyl-1- hydroxy-7,
  8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran;
  Synhexyl);
         1-Phenylcyclohexylamine;
         1-Piperidinocyclohexanecarbonitrile (PCC);
         Pyrrolidine Analog of Phencyclidine (some trade or other
  names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
         [Tetrahydrocannabinols, other than marihuana, and synthetic
  equivalents of the substances contained in the plant, or in the
  resinous extractives of Cannabis, or synthetic substances,
  derivatives, and their isomers with similar chemical structure and
  pharmacological activity such as:
         [delta-1 cis or trans tetrahydrocannabinol, and their
  optical isomers;
         [delta-6 cis or trans tetrahydrocannabinol, and their
  optical isomers;
         [delta-3, 4 cis or trans tetrahydrocannabinol, and its
  optical isomers; or
         [compounds of these structures, regardless of numerical
  designation of atomic positions, since nomenclature of these
  substances is not internationally standardized;]
         Thiophene Analog of Phencyclidine (some trade or other names:
  1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of
  Phencyclidine; TPCP, TCP);
         1-pyrrolidine (some trade or other name: TCPy);
         1-(3-trifluoromethylphenyl)piperazine (trade or other name:
  TFMPP); and
         3,4,5-trimethoxy amphetamine;
               (2)  Phenylacetone (some trade or other names:
  Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
  ketone);
               (3)  unless specifically excepted or unless listed in
  another Penalty Group, a material, compound, mixture, or
  preparation that contains any quantity of the following substances
  having a potential for abuse associated with a depressant or
  stimulant effect on the central nervous system:
         Aminorex (some trade or other names: aminoxaphen;
  2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
  phenyl-2-oxazolamine);
         Amphetamine, its salts, optical isomers, and salts of optical
  isomers;
         Cathinone (some trade or other names: 2-amino-1-
  phenyl-1-propanone, alpha-aminopropiophenone, 2-
  aminopropiophenone);
         Etaqualone and its salts;
         Etorphine Hydrochloride;
         Fenethylline and its salts;
         Lisdexamfetamine, including its salts, isomers, and salts of
  isomers;
         Mecloqualone and its salts;
         Methaqualone and its salts;
         Methcathinone (some trade or other names: 2-
  methylamino-propiophenone; alpha-(methylamino)propriophenone;
  2-(methylamino)-1-phenylpropan-1-one; alpha-N-
  methylaminopropriophenone; monomethylpropion; ephedrone, N-
  methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
  1431);
         N-Ethylamphetamine, its salts, optical isomers, and salts of
  optical isomers; and
         N,N-dimethylamphetamine (some trade or other names:
  N,N,alpha-trimethylbenzeneethanamine;
  N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
  and salts of optical isomers;
               (4)  any compound structurally derived from
  2-aminopropanal by substitution at the 1-position with any
  monocyclic or fused-polycyclic ring system, including:
                     (A)  compounds further modified by:
                           (i)  substitution in the ring system to any
  extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
  halide substituents), whether or not further substituted in the
  ring system by other substituents;
                           (ii)  substitution at the 3-position with an
  alkyl substituent; or
                           (iii)  substitution at the 2-amino nitrogen
  atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
  inclusion of the 2-amino nitrogen atom in a cyclic structure; and
                     (B)  by example, compounds such as:
                           4-Methylmethcathinone (Also known as
  Mephedrone);
                           3,4-Dimethylmethcathinone (Also known as
  3,4-DMMC);
                           3-Fluoromethcathinone (Also known as 3-FMC);
                           4-Fluoromethcathinone (Also known as
  Flephedrone);
                           3,4-Methylenedioxy-N-methylcathinone (Also
  known as Methylone);
                           3,4-Methylenedioxypyrovalerone (Also known
  as MDPV);
                           alpha-Pyrrolidinopentiophenone (Also known
  as alpha-PVP);
                           Naphthylpyrovalerone (Also known as
  Naphyrone);
                           alpha-Methylamino-valerophenone (Also known
  as Pentedrone);
                           beta-Keto-N-methylbenzodioxolylpropylamine
  (Also known as Butylone);
                           beta-Keto-N-methylbenzodioxolylpentanamine
  (Also known as Pentylone);
                           beta-Keto-Ethylbenzodioxolylbutanamine
  (Also known as Eutylone); and
                           3,4-methylenedioxy-N-ethylcathinone (Also
  known as Ethylone);
               (5)  any compound structurally derived from tryptamine
  (3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
                     (A)  by modification in any of the following ways:
                           (i)  by substitution at the amine nitrogen
  atom of the sidechain to any extent with alkyl or alkenyl groups or
  by inclusion of the amine nitrogen atom of the side chain (and no
  other atoms of the side chain) in a cyclic structure;
                           (ii)  by substitution at the carbon atom
  adjacent to the nitrogen atom of the side chain (alpha-position)
  with an alkyl or alkenyl group;
                           (iii)  by substitution in the 6-membered
  ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
  alkylenedioxy, or halide substituents; or
                           (iv)  by substitution at the 2-position of
  the tryptamine ring system with an alkyl substituent; and
                     (B)  including:
                           (i)  ethers and esters of the controlled
  substances listed in this subdivision; and
                           (ii)  by example, compounds such as:
                           alpha-ethyltryptamine;
                           alpha-methyltryptamine;
                           Bufotenine (some trade and other names:
  3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
  3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
  5-hydroxy-N, N- dimethyltryptamine; mappine);
                           Diethyltryptamine (some trade and other
  names: N, N-Diethyltryptamine, DET);
                           Dimethyltryptamine (trade or other name:
  DMT);
                           5-methoxy-N, N-diisopropyltryptamine
  (5-MeO-DiPT);
                           O-Acetylpsilocin (Trade or other name:
  4-Aco-DMT);
                           Psilocin; and
                           Psilocybin;
               (6)  2,5-Dimethoxyphenethylamine and any compound
  structurally derived from 2,5-Dimethoxyphenethylamine by
  substitution at the 4-position of the phenyl ring to any extent
  (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
  substituents), including, by example, compounds such as:
         4-Bromo-2,5-dimethoxyphenethylamine (trade or other name:
  2C-B);
         4-Chloro-2,5-dimethoxyphenethylamine (trade or other name:
  2C-C);
         2,5-Dimethoxy-4-methylphenethylamine (trade or other name:
  2C-D);
         4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name:
  2C-E);
         4-Iodo-2,5-dimethoxyphenethylamine (trade or other name:
  2C-I);
         2,5-Dimethoxy-4-nitrophenethylamine (trade or other name:
  2C-N);
         2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other
  name: 2C-P);
         4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other
  name: 2C-T-2);
         4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other
  name: 2C-T-4); and
         2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or
  other name: 2C-T-7); and
               (7)  2,5-Dimethoxyamphetamine and any compound
  structurally derived from 2,5-Dimethoxyamphetamine by substitution
  at the 4-position of the phenyl ring to any extent (including alkyl,
  alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
  including, by example, compounds such as:
         4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name:
  Aleph-2);
         4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other
  name: Aleph-4);
         4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);
         4-Chloro-2,5-dimethoxyamphetamine (trade or other name:
  DOC);
         2,5-Dimethoxy-4-ethylamphetamine (trade or other name:
  DOET);
         4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);
         2,5-Dimethoxy-4-methylamphetamine (trade or other name:
  DOM);
         2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);
         4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name:
  DOIP); and
         2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name:
  DOPR).
         SECTION 29.  The heading to Section 481.113, Health and
  Safety Code, is amended to read as follows:
         Sec. 481.113.  OFFENSE: MANUFACTURE OR DELIVERY OF
  SUBSTANCE IN PENALTY GROUP 2 [OR 2-A].
         SECTION 30.  Section 481.113(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as authorized by this chapter, a person commits
  an offense if the person knowingly manufactures, delivers, or
  possesses with intent to deliver a controlled substance listed in
  Penalty Group 2 [or 2-A].
         SECTION 31.  Section 481.115(h), Health and Safety Code, is
  amended to read as follows:
         (h)  The defense to prosecution provided by Subsection (g) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.1151(b)(1),
  481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
  [or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
  [481.125(a),] 483.041(a), or 485.031(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.1151(c), 481.116(f), [481.1161(c),]
  481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 32.  Section 481.1151(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 481.118(b),
  [or 481.121(b)(1) or (2),] or an offense under Section 481.119(b),
  [481.125(a),] 483.041(a), or 485.031(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.116(f), [481.1161(c),]
  481.117(f), 481.118(f), 481.119(c),[481.121(c), 481.125(g),]
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 33.  Section 481.116(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The defense to prosecution provided by Subsection (f) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), [481.1161(b)(1) or (2),] 481.117(b), or
  481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
  481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), [481.1161(c),]
  481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 34.  Section 481.117(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The defense to prosecution provided by Subsection (f) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
  481.118(b), [or 481.121(b)(1) or (2),] or an offense under Section
  481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  [481.1161(c),] 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 35.  Section 481.118(g), Health and Safety Code, is
  amended to read as follows:
         (g)  The defense to prosecution provided by Subsection (f) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), or [481.1161(b)(1) or (2),]
  481.117(b), [or 481.121(b)(1) or (2),] or an offense under Section
  481.119(b), [481.125(a),] 483.041(a), or 485.031(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  [481.1161(c),] 481.117(f), 481.119(c), [481.121(c), 481.125(g),]
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 36.  Section 481.119(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
  or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
  Section [481.125(a),] 483.041(a)[,] or 485.031(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 483 or 485;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  [481.1161(c),] 481.117(f), 481.118(f), [481.121(c), 481.125(g),]
  483.041(e), or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 37.  The heading to Section 481.122, Health and
  Safety Code, is amended to read as follows:
         Sec. 481.122.  OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR
  MARIHUANA] TO CHILD.
         SECTION 38.  Sections 481.122(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  A person commits an offense if the person knowingly
  delivers a controlled substance listed in Penalty Group 1, 1-A,
  1-B, 2, or 3 [or knowingly delivers marihuana] and the person
  delivers the controlled substance [or marihuana] to a person:
               (1)  who is a child;
               (2)  who is enrolled in a public or private primary or
  secondary school; or
               (3)  who the actor knows or believes intends to deliver
  the controlled substance [or marihuana] to a person described by
  Subdivision (1) or (2).
         (b)  It is an affirmative defense to prosecution under this
  section that[:
               [(1)]  the actor was a child when the offense was
  committed[; or
               [(2)  the actor:
                     [(A)  was younger than 21 years of age when the
  offense was committed;
                     [(B)  delivered only marihuana in an amount equal
  to or less than one-fourth ounce; and
                     [(C)  did not receive remuneration for the
  delivery].
         SECTION 39.  Section 481.126, Health and Safety Code, is
  amended to read as follows:
         Sec. 481.126.  OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
  INVESTMENT. (a) A person commits an offense if the person:
               (1)  barters property or expends funds the person knows
  are derived from the commission of an offense under this chapter
  punishable by imprisonment in the Texas Department of Criminal
  Justice for life; or
               (2)  [barters property or expends funds the person
  knows are derived from the commission of an offense under Section
  481.121(a) that is punishable under Section 481.121(b)(5);
               [(3)]  barters property or finances or invests funds
  the person knows or believes are intended to further the commission
  of an offense for which the punishment is described by Subdivision
  (1)[; or
               [(4)  barters property or finances or invests funds the
  person knows or believes are intended to further the commission of
  an offense under Section 481.121(a) that is punishable under
  Section 481.121(b)(5)].
         (b)  An offense under this section [Subsection (a)(1) or (3)]
  is a felony of the first degree. [An offense under Subsection
  (a)(2) or (4) is a felony of the second degree.]
         SECTION 40.  Section 481.133(c), Health and Safety Code, is
  amended to read as follows:
         (c)  In this section, "drug test" means a lawfully
  administered test designed to detect the presence of a controlled
  substance [or marihuana].
         SECTION 41.  Sections 481.134(b) and (c), Health and Safety
  Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540),
  Acts of the 87th Legislature, Regular Session, 2021, are reenacted
  and amended to read as follows:
         (b)  An offense otherwise punishable as a state jail felony
  under Section 481.112, 481.1121, 481.1123, 481.113, or 481.114[, or
  481.120] is punishable as a felony of the third degree, an offense
  otherwise punishable as a felony of the third degree under any of
  those sections is punishable as a felony of the second degree, and
  an offense otherwise punishable as a felony of the second degree
  under any of those sections is punishable as a felony of the first
  degree, if it is shown at the punishment phase of the trial of the
  offense that the offense was committed:
               (1)  in, on, or within 1,000 feet of premises owned,
  rented, or leased by an institution of higher learning, the
  premises of a public or private youth center, or a playground;
               (2)  in, on, or within 300 feet of the premises of a
  public swimming pool or video arcade facility; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         (c)  The minimum term of confinement or imprisonment for an
  offense otherwise punishable under Section 481.112(c), (d), (e), or
  (f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
  481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
  481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
  [481.1161(b)(4), (5), or (6),] 481.117(c), (d), or (e), or
  481.118(c), (d), or (e)[, 481.120(b)(4), (5), or (6), or
  481.121(b)(4), (5), or (6)] is increased by five years and the
  maximum fine for the offense is doubled if it is shown on the trial
  of the offense that the offense was committed:
               (1)  in, on, or within 1,000 feet of the premises of a
  school, the premises of a public or private youth center, or a
  playground;
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         SECTION 42.  Sections 481.134(d), (e), and (f), Health and
  Safety Code, are amended to read as follows:
         (d)  An offense otherwise punishable under Section
  481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), 481.115(b),
  481.1151(b)(1), or 481.116(b)[, 481.1161(b)(3), 481.120(b)(3), or
  481.121(b)(3)] is a felony of the third degree if it is shown on the
  trial of the offense that the offense was committed:
               (1)  in, on, or within 1,000 feet of any real property
  that is owned, rented, or leased to a school or school board, the
  premises of a public or private youth center, or a playground;
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         (e)  An offense otherwise punishable under Section
  481.117(b) or [,] 481.119(a)[, 481.120(b)(2), or 481.121(b)(2)] is
  a state jail felony if it is shown on the trial of the offense that
  the offense was committed:
               (1)  in, on, or within 1,000 feet of any real property
  that is owned, rented, or leased to a school or school board, the
  premises of a public or private youth center, or a playground;
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         (f)  An offense otherwise punishable under Section
  481.118(b) or [,] 481.119(b)[, 481.120(b)(1), or 481.121(b)(1)] is
  a Class A misdemeanor if it is shown on the trial of the offense that
  the offense was committed:
               (1)  in, on, or within 1,000 feet of any real property
  that is owned, rented, or leased to a school or school board, the
  premises of a public or private youth center, or a playground;
               (2)  on a school bus; or
               (3)  by any unauthorized person 18 years of age or
  older, in, on, or within 1,000 feet of premises owned, rented, or
  leased by a general residential operation operating as a
  residential treatment center.
         SECTION 43.  Section 481.140(a), Health and Safety Code, is
  amended to read as follows:
         (a)  If it is shown at the punishment phase of the trial of an
  offense otherwise punishable as a state jail felony, felony of the
  third degree, or felony of the second degree under Section 481.112,
  481.1121, 481.1123, 481.113, 481.114, [481.120,] or 481.122 that
  the defendant used or attempted to use a child younger than 18 years
  of age to commit or assist in the commission of the offense, the
  punishment is increased by one degree, unless the defendant used or
  threatened to use force against the child or another to gain the
  child's assistance, in which event the punishment for the offense
  is a felony of the first degree.
         SECTION 44.  Section 481.151(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Controlled substance property" means a
  controlled substance, mixture containing a controlled substance,
  controlled substance analogue, counterfeit controlled substance,
  [drug paraphernalia,] chemical precursor, chemical laboratory
  apparatus, or raw material.
         SECTION 45.  Section 483.041(f), Health and Safety Code, is
  amended to read as follows:
         (f)  The defense to prosecution provided by Subsection (e) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
  or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
  Section 481.119(b)[, 481.125(a),] or 485.031(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 481 or 485;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  [481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
  481.125(g),] or 485.031(c); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 46.  Section 485.031(d), Health and Safety Code, is
  amended to read as follows:
         (d)  The defense to prosecution provided by Subsection (c) is
  not available if:
               (1)  at the time the request for emergency medical
  assistance was made:
                     (A)  a peace officer was in the process of
  arresting the actor or executing a search warrant describing the
  actor or the place from which the request for medical assistance was
  made; or
                     (B)  the actor is committing another offense,
  other than an offense punishable under Section 481.115(b),
  481.1151(b)(1), 481.116(b), [481.1161(b)(1) or (2),] 481.117(b),
  or 481.118(b), [or 481.121(b)(1) or (2),] or an offense under
  Section 481.119(b)[, 481.125(a),] or 483.041(a);
               (2)  the actor has been previously convicted of or
  placed on deferred adjudication community supervision for an
  offense under this chapter or Chapter 481 or 483;
               (3)  the actor was acquitted in a previous proceeding
  in which the actor successfully established the defense under that
  subsection or Section 481.115(g), 481.1151(c), 481.116(f),
  [481.1161(c),] 481.117(f), 481.118(f), 481.119(c), [481.121(c),
  481.125(g),] or 483.041(e); or
               (4)  at any time during the 18-month period preceding
  the date of the commission of the instant offense, the actor
  requested emergency medical assistance in response to the possible
  overdose of the actor or another person.
         SECTION 47.  Section 31.0031(d), Human Resources Code, is
  amended to read as follows:
         (d)  The responsibility agreement shall require that:
               (1)  the parent of a dependent child cooperate with the
  commission and the Title IV-D agency if necessary to establish the
  paternity of the dependent child and to establish or enforce child
  support;
               (2)  if adequate and accessible providers of the
  services are available in the geographic area and subject to the
  availability of funds, each dependent child, as appropriate,
  complete early and periodic screening, diagnosis, and treatment
  checkups on schedule and receive the immunization series prescribed
  by Section 161.004, Health and Safety Code, unless the child is
  exempt under that section;
               (3)  each adult recipient, or teen parent recipient who
  has completed the requirements regarding school attendance in
  Subdivision (6), not voluntarily terminate paid employment of at
  least 30 hours each week without good cause in accordance with rules
  adopted by the executive commissioner;
               (4)  each adult recipient for whom a needs assessment
  is conducted participate in an activity to enable that person to
  become self-sufficient by:
                     (A)  continuing the person's education or
  becoming literate;
                     (B)  entering a job placement or employment skills
  training program;
                     (C)  serving as a volunteer in the person's
  community; or
                     (D)  serving in a community work program or other
  work program approved by the commission;
               (5)  each caretaker relative or parent receiving
  assistance not use, sell, or possess [marihuana or] a controlled
  substance in violation of Chapter 481, Health and Safety Code, or
  abuse alcohol;
               (6)  each dependent child younger than 18 years of age
  or teen parent younger than 19 years of age attend school regularly,
  unless the child has a high school diploma or high school
  equivalency certificate or is specifically exempted from school
  attendance under Section 25.086, Education Code;
               (7)  each recipient comply with commission rules
  regarding proof of school attendance; and
               (8)  each recipient attend appropriate parenting
  skills training classes, as determined by the needs assessment.
         SECTION 48.  Section 1355.006, Insurance Code, is amended to
  read as follows:
         Sec. 1355.006.  COVERAGE FOR CERTAIN CONDITIONS RELATED TO
  CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. (a) In this
  section, "controlled substance" has [and "marihuana" have] the
  meaning [meanings] assigned by Section 481.002, Health and Safety
  Code.
         (b)  This subchapter does not require a group health benefit
  plan to provide coverage for the treatment of:
               (1)  addiction to a controlled substance [or marihuana]
  that is used in violation of law; or
               (2)  mental illness that results from the use of a
  controlled substance [or marihuana] in violation of law.
         SECTION 49.  Section 551.004(a), Occupations Code, is
  amended to read as follows:
         (a)  This subtitle does not apply to:
               (1)  a practitioner licensed by the appropriate state
  board who supplies a patient of the practitioner with a drug in a
  manner authorized by state or federal law and who does not operate a
  pharmacy for the retailing of prescription drugs;
               (2)  a member of the faculty of a college of pharmacy
  recognized by the board who is a pharmacist and who performs the
  pharmacist's services only for the benefit of the college;
               (3)  a person who procures prescription drugs for
  lawful research, teaching, or testing and not for resale; or
               (4)  a home and community support services agency that
  possesses a dangerous drug as authorized by Section 142.0061,
  142.0062, or 142.0063, Health and Safety Code[; or
               [(5)  a dispensing organization, as defined by Section
  487.001, Health and Safety Code, that cultivates, processes, and
  dispenses low-THC cannabis, as authorized by Chapter 487, Health
  and Safety Code, to a patient listed in the compassionate-use
  registry established under that chapter].
         SECTION 50.  Section 71.023(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person, as part of the
  identifiable leadership of a criminal street gang, knowingly
  finances, directs, or supervises the commission of, or a conspiracy
  to commit, one or more of the following offenses by members of a
  criminal street gang:
               (1)  a felony offense that is listed in Article
  42A.054(a), Code of Criminal Procedure;
               (2)  a felony offense for which it is shown that a
  deadly weapon, as defined by Section 1.07, was used or exhibited
  during the commission of the offense or during immediate flight
  from the commission of the offense; or
               (3)  an offense that is punishable under Section
  481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), or
  481.115(f), [or 481.120(b)(6),] Health and Safety Code.
         SECTION 51.  The changes in law made by this Act apply 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 on the date 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 52.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 53.  This Act takes effect September 1, 2023.

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