89R11223 CJD-F     By: Kitzman H.B. No. 5467       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offense of continuous manufacture   or delivery of a controlled substance.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 481, Health and Safety   Code, is amended by adding Section 481.142 to read as follows:          Sec. 481.142.  CONTINUOUS MANUFACTURE OR DELIVERY OF   CONTROLLED SUBSTANCE. (a) A person commits an offense if, during a   period that is 12 months or less in duration, the person engages two   or more times in conduct that constitutes an offense under Section   481.112, 481.1121, 481.113, or 481.114.          (b)  If a jury is the trier of fact, members of the jury are   not required to agree unanimously on which specific conduct engaged   in by the defendant constituted an offense described by Subsection   (a), the exact date on which that conduct occurred, or the county in   which each instance of the conduct occurred. The jury must agree   unanimously that the defendant, during a period that is 12 months or   less in duration, engaged two or more times in conduct that   constitutes an offense under Section 481.112, 481.1121, 481.113, or   481.114.          (c)  The defendant may not be convicted in the same criminal   action of another offense an element of which is any conduct that is   alleged as an element of the offense under Subsection (a) unless the   other offense:                (1)  is charged in the alternative;                (2)  occurred outside the period in which the offense   alleged under Subsection (a) was committed; or                (3)  is considered by the trier of fact to be a lesser   included offense of the offense alleged under Subsection (a).          (d)  A defendant may not be charged with more than one count   under Subsection (a) for conduct occurring during the same period   described by Subsection (a).          (e)  An offense under this section is a felony of the third   degree.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect at the time the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.