88R8174 CJD-D     By: Kolkhorst S.B. No. 1622       A BILL TO BE ENTITLED   AN ACT   relating to the manufacture or delivery of a controlled substance   listed in Penalty Group 1-B causing death; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 481.142 for conduct   occurring during the same criminal episode.          SECTION 2.  Subchapter D, Chapter 481, Health and Safety   Code, is amended by adding Section 481.142 to read as follows:          Sec. 481.142.  OFFENSE: MANUFACTURE OR DELIVERY OF   CONTROLLED SUBSTANCE IN PENALTY GROUP 1-B CAUSING DEATH. (a) A   person commits an offense if the person knowingly manufactures or   delivers a controlled substance listed in Penalty Group 1-B in   violation of Section 481.1123 and a person dies as a result of   injecting, ingesting, inhaling, or introducing into the person'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.          (b)  An offense under this section is a felony of the first   degree.          (c)  It is a defense to prosecution under this section that   the actor's conduct in manufacturing or delivering the controlled   substance was authorized under this chapter or other state or   federal law.          (d)  If conduct constituting an offense under this section   also constitutes an offense under another section of this chapter   or the Penal Code, the actor may be prosecuted under either section   or both sections.          SECTION 3.  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 4.  This Act takes effect September 1, 2023.