By: Jones of Harris H.B. No. 4914       A BILL TO BE ENTITLED   AN ACT   relating to removing criminal penalties for possession of certain   small amounts of controlled substances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.115(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is a state jail felony   if the amount of the controlled substance possessed is, by   aggregate weight, including adulterants or dilutants, less than one   gram.          (c)An offense under Subsection (a) is a felony of the third   degreeClass B misdemeanor if the amount of the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, one gram or more but less than four grams.          (d)An offense under Subsection (a) is a felony of the second   degreeClass A misdemeanor if the amount of the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, four grams or more but less than 200 grams.          SECTION 2.  Section 481.116(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is a state jail felony   if the amount of the controlled substance possessed is, by   aggregate weight, including adulterants or dilutants, less than one   gram.          (c)An offense under Subsection (a) is a felony of the third   degreeClass B misdemeanor if the amount of the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, one gram or more but less than four grams.          (d)An offense under Subsection (a) is a felony of the second   degreeClass A misdemeanor if the amount of the controlled   substance possessed is, by aggregate weight, including adulterants   or dilutants, four grams or more but less than 200 grams.          SECTION 3.  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 but more than 1 gram;                (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.          SECTION 4.  Section 481.117(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is a Class B misdemeanor   if the amount of the controlled substance possessed is, by   aggregate weight, including adulterants or dilutants, less than 4   grams but more than 1 grams.          (b)(c)  An offense under Subsection (a) is a Class A   misdemeanor if the amount of the controlled substance possessed is,   by aggregate weight, including adulterants or dilutants, less than   28 grams but more than 4 grams.          (c)(d)  An offense under Subsection (a) is a felony of the   third degree if the amount of the controlled substance possessed   is, by aggregate weight, including adulterants or dilutants, 28   grams or more but less than 200 grams.          (d)(e)  An offense under Subsection (a) is a felony of the   second degree, if the amount of the controlled substance possessed   is, by aggregate weight, including adulterants or dilutants, 200   grams or more but less than 400 grams.          (e)(f)  An offense under Subsection (a) is 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.          (f)(g)  It is a defense to prosecution for an offense   punishable under Subsection (b) that the actor:                (1)was the first person to request emergency medical   assistance in response to the possible overdose of another person   and:                      (A)  made the request for medical assistance   during an ongoing medical emergency;                      (B)  remained on the scene until the medical   assistance arrived; and                      (C)  cooperated with medical assistance and law   enforcement personnel; or                (2)  was the victim of a possible overdose for which   emergency medical assistance was requested, by the actor or by   another person, during an ongoing medical emergency.          (g)(h)  The defense to prosecution provided by Subsection   (f) is not available if:                (1)  at the time the request for emergency medical   assistance was made:                      (A)  a peace officer was in the process of   arresting the actor or executing a search warrant describing the   actor or the place from which the request for medical assistance was   made; or                      (B)  the actor is committing another offense,   other than an offense punishable under Section 481.115(b),   481.1151(b)(1), 481.116(b), 481.1161(b)(1) or (2), 481.118(b), or   481.121(b)(1) or (2), or an offense under Section 481.119(b),   481.125(a), 483.041(a), or 485.031(a);                (2)  the actor has been previously convicted of or   placed on deferred adjudication community supervision for an   offense under this chapter or Chapter 483 or 485;                (3)  the actor was acquitted in a previous proceeding   in which the actor successfully established the defense under that   subsection or Section 481.115(g), 481.1151(c), 481.116(f),   481.1161(c), 481.118(f), 481.119(c), 481.121(c), 481.125(g),   483.041(e), or 485.031(c); or                (4)at any time during the 18-month period preceding the   date of the commission of the instant offense, the actor requested   emergency medical assistance in response to the possible overdose   of the actor or another person.          (h)(i) The defense to prosecution provided by Subsection (f)   does not preclude the admission of evidence obtained by law   enforcement resulting from the request for emergency medical   assistance if that evidence pertains to an offense for which the   defense described by Subsection (f) is not available.          SECTION 5.  Section 481.118(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is a Class B misdemeanor   if the amount of the controlled substance possessed is, by   aggregate weight, including adulterants or dilutants, less than 28   grams but more than 1 gram.          SECTION 6.  Section 481.119(b), Health and Safety Code, is   amended to read as follows:          (b) A person commits an offense if the person knowingly or   intentionally possesses a controlled substance in an amount   exceeding 1 gram listed in a schedule by an action of the   commissioner under this chapter but not listed in a penalty group.   An offense under this subsection is a Class B misdemeanor.          SECTION 7.  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 but more than 1 gram;                (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)  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 8.  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 was   committed before that date.          SECTION 9.  This Act takes effect September 1, 2023.