89R1561 CJD-D     By: Bucy H.B. No. 1790       A BILL TO BE ENTITLED   AN ACT   relating to criminal penalties and defenses to prosecution for   certain drug possession and drug paraphernalia offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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:                (1) [(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                (2) [(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), 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 2.  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:                (1) [(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                (2) [(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), 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 3.  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:                (1) [(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                (2) [(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), 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 4.  Section 481.1161(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:                (1) [(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                (2) [(B)]  the actor is committing another offense,   other than an offense punishable under Section 481.115(b),   481.1151(b)(1), 481.116(b), 481.117(b), 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),   481.117(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 5.  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:                (1) [(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                (2) [(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), 481.118(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 6.  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:                (1) [(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                (2) [(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   481.121(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 7.  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:                (1) [(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                (2) [(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),   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 8.  Sections 481.121(a), (b), and (d), Health and   Safety Code, are amended to read as follows:          (a)  Except as authorized by this chapter, a person commits   an offense if the person knowingly or intentionally possesses a   usable quantity of marihuana greater than one ounce.          (b)  An offense under Subsection (a) is:                (1)  a Class B misdemeanor if the amount of marihuana   possessed is two ounces or less but more than one ounce;                (2)  a Class A misdemeanor if the amount of marihuana   possessed is four ounces or less but more than two ounces;                (3)  a state jail felony if the amount of marihuana   possessed is five pounds or less but more than four ounces;                (4)  a felony of the third degree if the amount of   marihuana possessed is 50 pounds or less but more than 5 pounds;                (5)  a felony of the second degree if the amount of   marihuana possessed is 2,000 pounds or less but more than 50 pounds;   and                (6)  a felony of the first degree punishable by   imprisonment in the Texas Department of Criminal Justice for life   or for a term of not more than 99 years or less than 5 years, and a   fine not to exceed $50,000, if the amount of marihuana possessed is   more than 2,000 pounds.          (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:                (1) [(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                (2) [(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 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), 481.118(f), 481.119(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 9.  The heading to Section 481.125, Health and   Safety Code, is amended to read as follows:          Sec. 481.125.  OFFENSE: [POSSESSION OR] DELIVERY OF DRUG   PARAPHERNALIA.          SECTION 10.  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:                (1) [(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                (2) [(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),   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 11.  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:                (1) [(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                (2) [(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),   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 12.  Sections 481.125(a), (d), (g), (h), and (i),   Health and Safety Code, are repealed.          SECTION 13.  (a)  Except as provided by Subsection (b), 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.          (b)  The change in law made by this Act to Section 481.125,   Health and Safety Code, applies to conduct that occurs before, on,   or after the effective date of this Act, except that a final   conviction for an offense that exists on the effective date of this   Act is unaffected by this Act.          SECTION 14.  This Act takes effect September 1, 2025.