88R7037 CJD-D     By: Huffman S.B. No. 645       A BILL TO BE ENTITLED   AN ACT   relating to the criminal penalties for certain controlled substance   offenses; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 481.112(e) and (f), Health and Safety   Code, are amended to read as follows:          (e)  An offense under Subsection (a) is 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 10 years, and a fine not to exceed $100,000, if the amount   of the controlled substance to which the offense applies is, by   aggregate weight, including adulterants or dilutants, 200 grams or   more but less than 400 grams.          (f)  An offense under Subsection (a) is 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 15 years, and a fine not to exceed $250,000, if the amount   of the controlled substance to which the offense applies is, by   aggregate weight, including adulterants or dilutants, 400 grams or   more.          SECTION 2.  Section 481.1121(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under this section is:                (1)  a state jail felony if the number of abuse units of   the controlled substance is fewer than 20;                (2)  a felony of the second degree if the number of   abuse units of the controlled substance is 20 or more but fewer than   80;                (3)  a felony of the first degree if the number of abuse   units of the controlled substance is 80 or more but fewer than   4,000; and                (4)  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 15 years and a   fine not to exceed $250,000, if the number of abuse units of the   controlled substance is 4,000 or more.          SECTION 3.  Sections 481.1123(b), (d), (e), and (f), Health   and Safety Code, are amended to read as follows:          (b)  An offense under Subsection (a) is a [state jail] felony   of the third degree if the amount of the controlled substance to   which the offense applies is, by aggregate weight, including   adulterants or dilutants, less than one gram.          (d)  An offense under Subsection (a) is 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 10 years, and a fine not to exceed $20,000, if the amount   of the controlled substance to which the offense applies is, by   aggregate weight, including adulterants or dilutants, four grams or   more but less than 200 grams.          (e)  An offense under Subsection (a) is 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 15 years, and a fine not to exceed $200,000, if the amount   of the controlled substance to which the offense applies is, by   aggregate weight, including adulterants or dilutants, 200 grams or   more but less than 400 grams.          (f)  An offense under Subsection (a) is 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 20 years, and a fine not to exceed $500,000, if the amount   of the controlled substance to which the offense applies is, by   aggregate weight, including adulterants or dilutants, 400 grams or   more.          SECTION 4.  Section 481.113(e), Health and Safety Code, is   amended to read as follows:          (e)  An offense under Subsection (a) is 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 10 years, and a fine not to exceed $100,000, if the amount   of the controlled substance to which the offense applies is, by   aggregate weight, including adulterants or dilutants, 400 grams or   more.          SECTION 5.  Section 481.114(e), Health and Safety Code, is   amended to read as follows:          (e)  An offense under Subsection (a) is 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 10 years, and a fine not to exceed $100,000, if the amount   of the controlled substance to which the offense applies is, by   aggregate weight, including any adulterants or dilutants, 400 grams   or more.          SECTION 6.  Section 481.115(f), Health and Safety Code, is   amended to read as follows:          (f)  An offense under Subsection (a) is 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 10 years, and a fine not to exceed $100,000, if the amount   of the controlled substance possessed is, by aggregate weight,   including adulterants or dilutants, 400 grams or more.          SECTION 7.  Section 481.1151(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under this section is:                (1)  a state jail felony if the number of abuse units of   the controlled substance is fewer than 20;                (2)  a felony of the third degree if the number of abuse   units of the controlled substance is 20 or more but fewer than 80;                (3)  a felony of the second degree if the number of   abuse units of the controlled substance is 80 or more but fewer than   4,000;                (4)  a felony of the first degree if the number of abuse   units of the controlled substance is 4,000 or more but fewer than   8,000; and                (5)  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 15 years and a   fine not to exceed $250,000, if the number of abuse units of the   controlled substance is 8,000 or more.          SECTION 8.  Section 481.116(e), Health and Safety Code, is   amended to read as follows:          (e)  An offense under Subsection (a) is 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 five 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, 400 grams or more.          SECTION 9.  Section 481.1161(b), Health and Safety Code, is   amended to read as follows:          (b)  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)  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 the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, more than 2,000 pounds.          SECTION 10.  Section 481.117(e), Health and Safety Code, is   amended to read as follows:          (e)  An offense under Subsection (a) is 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 five 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, 400 grams or more.          SECTION 11.  Section 481.118(e), Health and Safety Code, is   amended to read as follows:          (e)  An offense under Subsection (a) is 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 five 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, 400 grams or more.          SECTION 12.  Section 481.120(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is:                (1)  a Class B misdemeanor if the amount of marihuana   delivered is one-fourth ounce or less and the person committing the   offense does not receive remuneration for the marihuana;                (2)  a Class A misdemeanor if the amount of marihuana   delivered is one-fourth ounce or less and the person committing the   offense receives remuneration for the marihuana;                (3)  a state jail felony if the amount of marihuana   delivered is five pounds or less but more than one-fourth ounce;                (4)  a felony of the second degree if the amount of   marihuana delivered is 50 pounds or less but more than five pounds;                (5)  a felony of the first degree if the amount of   marihuana delivered 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 10 years, and a   fine not to exceed $100,000, if the amount of marihuana delivered is   more than 2,000 pounds.          SECTION 13.  Section 481.121(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is:                (1)  a Class B misdemeanor if the amount of marihuana   possessed is two ounces or less;                (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.          SECTION 14.  Section 481.126(a), Health and Safety Code, is   amended to read as follows:          (a)  A person commits an offense if the person:                (1)  barters property or expends funds the person knows   are derived from the commission of a first degree felony [an]   offense under this chapter punishable by imprisonment in the Texas   Department of Criminal Justice for life;                (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).          SECTION 15.  Section 481.134(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, is reenacted and 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), 481.1123(b), (c) [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),   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 16.  Section 71.02(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if, with the intent to   establish, maintain, or participate in a combination or in the   profits of a combination or as a member of a criminal street gang,   the person commits or conspires to commit one or more of the   following:                (1)  murder, capital murder, arson, aggravated   robbery, robbery, burglary, theft, aggravated kidnapping,   kidnapping, aggravated assault, aggravated sexual assault, sexual   assault, continuous sexual abuse of young child or disabled   individual, solicitation of a minor, forgery, deadly conduct,   assault punishable as a Class A misdemeanor, burglary of a motor   vehicle, or unauthorized use of a motor vehicle;                (2)  any gambling offense punishable as a Class A   misdemeanor;                (3)  promotion of prostitution, aggravated promotion   of prostitution, or compelling prostitution;                (4)  unlawful manufacture, transportation, repair, or   sale of firearms or prohibited weapons;                (5)  unlawful manufacture, delivery, dispensation, or   distribution of a controlled substance or dangerous drug, or   unlawful possession of a controlled substance or dangerous drug   through forgery, fraud, misrepresentation, or deception;                (5-a) causing the unlawful delivery, dispensation, or   distribution of a controlled substance or dangerous drug in   violation of Subtitle B, Title 3, Occupations Code;                (5-b) unlawful possession with intent to deliver a   controlled substance listed in Penalty Group 1-B under Section   481.1022, Health and Safety Code;                (6)  any unlawful wholesale promotion or possession of   any obscene material or obscene device with the intent to wholesale   promote the same;                (7)  any offense under Subchapter B, Chapter 43,   depicting or involving conduct by or directed toward a child   younger than 18 years of age;                (8)  any felony offense under Chapter 32;                (9)  any offense under Chapter 36;                (10)  any offense under Chapter 34, 35, or 35A;                (11)  any offense under Section 37.11(a);                (12)  any offense under Chapter 20A;                (13)  any offense under Section 37.10;                (14)  any offense under Section 38.06, 38.07, 38.09, or   38.11;                (15)  any offense under Section 42.10;                (16)  any offense under Section 46.06(a)(1) or 46.14;                (17)  any offense under Section 20.05 or 20.06;                (18)  any offense under Section 16.02; or                (19)  any offense classified as a felony under the Tax   Code.          SECTION 17.  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 18.  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 19.  This Act takes effect September 1, 2023.