88R6852 CJD-D     By: Cook H.B. No. 3644       A BILL TO BE ENTITLED   AN ACT   relating to the offense of murder committed by the manufacture or   delivery of certain controlled substances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 19.02, Penal Code, is amended by   amending Subsection (b) and adding Subsection (e) to read as   follows:          (b)  A person commits an offense if the person [he]:                (1)  intentionally or knowingly causes the death of an   individual;                (2)  intends to cause serious bodily injury and commits   an act clearly dangerous to human life that causes the death of an   individual; [or]                (3)  commits or attempts to commit a felony, other than   manslaughter, and in the course of and in furtherance of the   commission or attempt, or in immediate flight from the commission   or attempt, the person [he] commits or attempts to commit an act   clearly dangerous to human life that causes the death of an   individual; or                (4)  knowingly manufactures or delivers a controlled   substance listed in Penalty Group 1-B under Section 481.1022,   Health and Safety Code, in violation of Section 481.1123, Health   and Safety Code, and an individual dies as a result of injecting,   ingesting, inhaling, or introducing into the individual's body any   amount of the controlled substance manufactured or delivered by the   actor, regardless of whether the controlled substance was used by   itself or with another substance, including a drug, adulterant, or   dilutant.          (e)  It is a defense to prosecution under Subsection (b)(4)   that the actor's conduct in manufacturing or delivering the   controlled substance was authorized under Chapter 481, Health and   Safety Code, or other state or federal law.          SECTION 2.  Section 481.141, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:          (d)  Punishment may not be increased under this section if   the defendant is also prosecuted under Section 19.02(b)(4), Penal   Code, for conduct occurring during the same criminal episode.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect 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 was   committed before that date.          SECTION 4.  This Act takes effect September 1, 2023.