88R2566 CJD-D     By: Hinojosa S.B. No. 233       A BILL TO BE ENTITLED   AN ACT   relating to the offense of manslaughter; increasing the criminal   penalty for certain offenders.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 19.04, Penal Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  An offense under this section is a felony of the second   degree, except that an offense is a felony of the first degree if:                (1)  the actor delivered a controlled substance,   simulated controlled substance, or dangerous drug to the individual   in violation of Chapter 481, 482, or 483, Health and Safety Code;                (2)  the controlled substance, simulated controlled   substance, or dangerous drug as delivered consisted wholly or   partly of a substance listed in Section 481.102(1), (2), (3), or   (4) or Section 481.1022, Health and Safety Code;                (3)  the individual consumed the controlled substance,   simulated controlled substance, or dangerous drug without altering   the substance or drug; and                (4)  the individual's death resulted from the   consumption of the controlled substance, simulated controlled   substance, or dangerous drug.          (c)  The enhancement of the penalty under Subsection (b) for   a death caused by the consumption of a controlled substance or   dangerous drug does not apply to an actor who prescribed,   dispensed, or administered a controlled substance or dangerous drug   during the ordinary course of medical treatment of a patient for   legitimate medical purposes.          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 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 3.  This Act takes effect September 1, 2023.