85R8252 GCB-D     By: Lozano H.B. No. 2606       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment for possession of a   controlled substance listed in Penalty Group 2-A; increasing a   criminal penalty for possession of certain substances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.1161, Health and Safety Code, is   amended by amending Subsection (b) and adding Subsection (c) to   read as follows:          (b)  Except as provided by Subsection (c), an [An] offense   under this section is:                (1)  a Class B misdemeanor if the amount of the   controlled substance possessed is, by aggregate weight, including   adulterants or dilutants, two ounces or less;                (2)  a Class A misdemeanor if the amount of the   controlled substance possessed is, by aggregate weight, including   adulterants or dilutants, four ounces or less but more than two   ounces;                (3)  a state jail felony if the amount of the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, five pounds or less but more than four ounces;                (4)  a felony of the third degree if the amount of the   controlled substance possessed is, by aggregate weight, including   adulterants or dilutants, 50 pounds or less but more than 5 pounds;                (5)  a felony of the second degree if the amount of the   controlled substance possessed is, by aggregate weight, including   adulterants or dilutants, 2,000 pounds or less but more than 50   pounds; and                (6)  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 the controlled substance possessed is, by aggregate weight,   including adulterants or dilutants, more than 2,000 pounds.          (c)  If the controlled substance is in a powdered form, an   offense under this section is:                (1)  a Class A misdemeanor if the amount of the   controlled substance possessed is, excluding any adulterants or   dilutants, two ounces or less;                (2)  a state jail felony if the amount of the controlled   substance possessed is, excluding any adulterants or dilutants,   four ounces or less but more than two ounces;                (3)  a felony of the third degree if the amount of the   controlled substance possessed is, excluding any adulterants or   dilutants, five pounds or less but more than four ounces;                (4)  a felony of the second degree if the amount of the   controlled substance possessed is, excluding any adulterants or   dilutants, 50 pounds or less but more than 5 pounds; and                (5)  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 the controlled substance possessed is, excluding any adulterants   or dilutants, more than 50 pounds.          SECTION 2.  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), (b)(2), or (c)(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 3.  Article 42A.551(a), Code of Criminal Procedure,   is 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) or (c)(2),   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.          SECTION 4.  Sections 481.134(c), (d), and (e), Health and   Safety Code, are amended to read as follows:          (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), 481.113(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), (b)(5), (b)(6),   (c)(3), (c)(4), or (c)(5) [(5), or (6)], 481.117(c), (d), or (e),   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; or                (2)  on a school bus.          (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), 481.116(b), 481.1161(b)(3) or (c)(2),   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; or                (2)  on a school bus.          (e)  An offense otherwise punishable under Section   481.1161(b)(2) or (c)(1), 481.117(b), 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; or                (2)  on a school bus.          SECTION 5.  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 occurred   before that date.          SECTION 6.  This Act takes effect September 1, 2017.