88R13449 CJD-D     By: Lujan H.B. No. 3498       A BILL TO BE ENTITLED   AN ACT   relating to the designation of fentanyl poisoning for purposes of   the death certificate and to the manufacture or delivery of a   controlled substance or marihuana causing death or serious bodily   injury; creating a criminal offense; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 193.005, Health and Safety Code, is   amended by adding Subsection (e-1) to read as follows:          (e-1)  If a toxicology examination reveals a detectable   amount of a controlled substance listed in Penalty Group 1-B in the   body of the decedent, the medical certification on the death   certificate must include the presence of the substance and the term   "Fentanyl Poisoning." This subsection does not apply if the   decedent at the time of death had a valid prescription for the   controlled substance.          SECTION 2.  Section 481.122(c), Health and Safety Code, is   amended to read as follows:          (c)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if   it is shown on the trial of the offense that the person to whom the   actor delivered the controlled substance or marihuana died or   suffered serious bodily injury as a result of injecting, ingesting,   inhaling, or introducing into the person's body any amount of the   controlled substance or marihuana manufactured or delivered by the   actor, regardless of whether the controlled substance or marihuana   was used by itself or with another substance, including a drug,   adulterant, or dilutant.          SECTION 3.  Section 481.141, Health and Safety Code, is   amended to read as follows:          Sec. 481.141.  OFFENSE: MANUFACTURE OR DELIVERY OF   CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY.  (a)  A   person commits an offense if the person knowingly manufactures or   delivers a controlled substance in violation of this chapter and    [If at the guilt or innocence phase of the trial of an offense   described by Subsection (b), the judge or jury, whichever is the   trier of fact, determines beyond a reasonable doubt that] a person   dies [died] or suffers [suffered] serious bodily injury 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 [defendant], regardless of whether the   controlled substance was used by itself or with another substance,   including a drug, adulterant, or dilutant[, the punishment for the   offense is increased by one degree].          (b)  An offense under this section is:                (1)  [This section applies to an offense otherwise   punishable as] a [state jail felony,] felony of the third degree if   the commission of the offense resulted in serious bodily injury to a   person; or                (2)  a [, or] felony of the second degree if the   commission of the offense resulted in the death of a person [under   Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or   481.122].          (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.          (e)  Notwithstanding Article 42.08, Code of Criminal   Procedure, if [punishment for] a defendant is convicted of an   offense [increased] under this section, the court may not order the   sentence for the offense to run concurrently with any other   sentence the court imposes on the defendant.          SECTION 4.  The change in law made by this Act to Section   193.005, Health and Safety Code, applies only to a death that occurs   on or after the effective date of this Act, or a death that occurs   before that date but is discovered on or after the effective date of   this Act.          SECTION 5.  The changes in law made by this Act to Chapter   481, Health and Safety Code, 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 6.  This Act takes effect September 1, 2023.