By: Goldman, Thimesch, Harless, Cook, Lujan, H.B. No. 6       et al.     A BILL TO BE ENTITLED   AN ACT   relating to the designation of poisoning with a controlled   substance included in Penalty Group 1-B for purposes of the death   certificate and to the criminal penalties for certain controlled   substance offenses; creating criminal offenses; 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 Subsections (e-1) and (e-2) to read as follows:          (e-1)  For purposes of Subsection (e-2), "poisoning" occurs   when:                (1)  a toxicology examination reveals one or more   controlled substances included in Penalty Group 1-B present in the   body of the decedent in an amount or concentration that is   considered to be lethal by generally accepted scientific standards;   and                (2)  if an autopsy is performed, the results of the   autopsy performed on the decedent are consistent with one or more   controlled substances included in Penalty Group 1-B as the cause of   death.          (e-2)  In the event of poisoning as described by Subsection   (e-1), the medical certification on the death certificate must:                (1)  list "(name of the Penalty Group 1-B substance or   substances) poisoning" as the cause of death; and                (2)  except as otherwise specifically established by   the medical examiner, list "homicide" as the manner of death.          SECTION 2.  Section 481.102, Health and Safety Code, is   amended to read as follows:          Sec. 481.102.  PENALTY GROUP 1.  Penalty Group 1 consists   of:                (1)  the following opiates, including their isomers,   esters, ethers, salts, and salts of isomers, esters, and ethers,   unless specifically excepted, if the existence of these isomers,   esters, ethers, and salts is possible within the specific chemical   designation:                      [Alfentanil;]                      Allylprodine;                      Alphacetylmethadol;                      Benzethidine;                      Betaprodine;                      Clonitazene;                      Diampromide;                      Diethylthiambutene;                      Difenoxin not listed in Penalty Group 3 or 4;                      Dimenoxadol;                      Dimethylthiambutene;                      Dioxaphetyl butyrate;                      Dipipanone;                      Ethylmethylthiambutene;                      Etonitazene;                      Etoxeridine;                      Furethidine;                      Hydroxypethidine;                      Ketobemidone;                      Levophenacylmorphan;                      Meprodine;                      Methadol;                      Moramide;                      Morpheridine;                      Noracymethadol;                      Norlevorphanol;                      Normethadone;                      Norpipanone;                      Phenadoxone;                      Phenampromide;                      Phenomorphan;                      Phenoperidine;                      Piritramide;                      Proheptazine;                      Properidine;                      Propiram;                      [Sufentanil;]                      Tilidine; and                      Trimeperidine;                (2)  the following opium derivatives, their salts,   isomers, and salts of isomers, unless specifically excepted, if the   existence of these salts, isomers, and salts of isomers is possible   within the specific chemical designation:                      Acetorphine;                      Acetyldihydrocodeine;                      Benzylmorphine;                      Codeine methylbromide;                      Codeine-N-Oxide;                      Cyprenorphine;                      Desomorphine;                      Dihydromorphine;                      Drotebanol;                      Etorphine, except hydrochloride salt;                      Heroin;                      Hydromorphinol;                      Methyldesorphine;                      Methyldihydromorphine;                      Monoacetylmorphine;                      Morphine methylbromide;                      Morphine methylsulfonate;                      Morphine-N-Oxide;                      Myrophine;                      Nicocodeine;                      Nicomorphine;                      Normorphine;                      Pholcodine; and                      Thebacon;                (3)  the following substances, however produced,   except those narcotic drugs listed in another group:                      (A)  Opium and opiate not listed in Penalty Group   3 or 4, and a salt, compound, derivative, or preparation of opium or   opiate, other than thebaine derived butorphanol, nalmefene and its   salts, naloxone and its salts, and naltrexone and its salts, but   including:                            Codeine not listed in Penalty Group 3 or 4;                            Dihydroetorphine;                            Ethylmorphine not listed in Penalty Group 3   or 4;                            Granulated opium;                            Hydrocodone not listed in Penalty Group 3;                            Hydromorphone;                            Metopon;                            Morphine not listed in Penalty Group 3;                            Opium extracts;                            Opium fluid extracts;                            Oripavine;                            Oxycodone;                            Oxymorphone;                            Powdered opium;                            Raw opium;                            Thebaine; and                            Tincture of opium;                      (B)  a salt, compound, isomer, derivative, or   preparation of a substance that is chemically equivalent or   identical to a substance described by Paragraph (A), other than the   isoquinoline alkaloids of opium;                      (C)  Opium poppy and poppy straw;                      (D)  Cocaine, including:                            (i)  its salts, its optical, position, and   geometric isomers, and the salts of those isomers;                            (ii)  coca leaves and a salt, compound,   derivative, or preparation of coca leaves; and                            (iii)  a salt, compound, derivative, or   preparation of a salt, compound, or derivative that is chemically   equivalent or identical to a substance described by Subparagraph   (i) or (ii), other than decocainized coca leaves or extractions of   coca leaves that do not contain cocaine or ecgonine; and                      (E)  concentrate of poppy straw, meaning the crude   extract of poppy straw in liquid, solid, or powder form that   contains the phenanthrine alkaloids of the opium poppy;                (4)  the following opiates, including their isomers,   esters, ethers, salts, and salts of isomers, if the existence of   these isomers, esters, ethers, and salts is possible within the   specific chemical designation:                      [Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-   phenethyl)-4-piperidinyl]-N-phenylacetamide);                      [Alpha-methylthiofentanyl (N-[1-methyl-2-(2-   thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);]                      Alphaprodine;                      Anileridine;                      [Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-   phenethyl)-4-piperidinyl] -N-phenylpropanamide);                      [Beta-hydroxy-3-methylfentanyl;]                      Bezitramide;                      [Carfentanil;]                      Dihydrocodeine not listed in Penalty Group 3 or 4;                      Diphenoxylate not listed in Penalty Group 3 or 4;                      Isomethadone;                      Levomethorphan;                      Levorphanol;                      Metazocine;                      Methadone;                      Methadone-Intermediate, 4-cyano-2-dimethylamino-   4, 4-diphenyl butane;                      [3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-   4-piperidyl]-N-phenylpropanamide);                      [3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)   ethyl-4-piperidinyl]-N-phenylpropanamide);]                      Moramide-Intermediate, 2-methyl-3-morpholino-1,   1-diphenyl-propane-carboxylic acid;                      [Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-   phenylethyl)-4-piperidinylpropanamide);]                      PEPAP (1-(2-phenethyl)-4-phenyl-4-   acetoxypiperidine);                      Pethidine (Meperidine);                      Pethidine-Intermediate-A, 4-cyano-1-methyl-4-   phenylpiperidine;                      Pethidine-Intermediate-B, ethyl-4-   phenylpiperidine-4 carboxylate;                      Pethidine-Intermediate-C, 1-methyl-4-   phenylpiperidine-4-carboxylic acid;                      Phenazocine;                      Piminodine;                      Racemethorphan; and                      Racemorphan;                      [Remifentanil; and                      [Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-   piperidinyl]-propanamide);]                (5)  Flunitrazepam (trade or other name: Rohypnol);                (6)  Methamphetamine, including its salts, optical   isomers, and salts of optical isomers;                (7)  Phenylacetone and methylamine, if possessed   together with intent to manufacture methamphetamine;                (8)  Phencyclidine, including its salts;                (9)  Gamma hydroxybutyric acid (some trade or other   names: gamma hydroxybutyrate, GHB), including its salts;                (10)  Ketamine;                (11)  Phenazepam;                (12)  U-47700;                (13)  AH-7921;                (14)  ADB-FUBINACA;                (15)  AMB-FUBINACA; and                (16)  MDMB-CHMICA.          SECTION 3.  Section 481.1022, Health and Safety Code, is   amended to read as follows:          Sec. 481.1022.  PENALTY GROUP 1-B.  Penalty Group 1-B   consists of the following opiates, including their isomers, esters,   ethers, salts, and salts of isomers, esters, and ethers, if the   existence of these isomers, esters, ethers, and salts is possible   within the specific chemical designation:                      Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-   phenethyl)-4-piperidinyl]-N-phenylacetamide);                      Alfentanil;                      Alpha-methylthiofentanyl (N-[1-methyl-2-(2-   thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);                      Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-   phenethyl)-4-piperidinyl] -N-phenylpropanamide);                      Beta-hydroxy-3-methylfentanyl;                      Carfentanil;                      Fentanyl [fentanyl], alpha-methylfentanyl, and   any other derivative of fentanyl;                      3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-   4-piperidyl]-N-phenylpropanamide);                      3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)   ethyl-4-piperidinyl]-N-phenylpropanamide);                      Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-   phenylethyl)-4-piperidinylpropanamide);                      Remifentanil;                       Sufentanil; and                      Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-   piperidinyl]-propanamide).          SECTION 4.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  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 14.  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 15.  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 16.  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 17.  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 18.  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 19.  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 19.02(b)(4),   19.04(a-1), or 19.05(a-1), Penal Code, for conduct occurring during   the same criminal episode.          SECTION 20.  Section 19.02, Penal Code, is amended by   amending Subsection (b) and adding Subsection (e) to read as   follows:          (b)  A person commits an offense if the person [he]:                (1)  intentionally or knowingly causes the death of an   individual;                (2)  intends to cause serious bodily injury and commits   an act clearly dangerous to human life that causes the death of an   individual; [or]                (3)  commits or attempts to commit a felony, other than   manslaughter, and in the course of and in furtherance of the   commission or attempt, or in immediate flight from the commission   or attempt, the person [he] commits or attempts to commit an act   clearly dangerous to human life that causes the death of an   individual; or                (4)  knowingly manufactures or delivers a controlled   substance included in Penalty Group 1-B under Section 481.1022,   Health and Safety Code, in violation of Section 481.1123, Health   and Safety Code, and an individual dies as a result of injecting,   ingesting, inhaling, or introducing into the individual'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.          (e)  It is a defense to prosecution under Subsection (b)(4)   that the actor's conduct in manufacturing or delivering the   controlled substance was authorized under Chapter 481, Health and   Safety Code, or other state or federal law.          SECTION 21.  Section 19.04, Penal Code, is amended by adding   Subsections (a-1) and (c) to read as follows:          (a-1)  A person commits an offense if the person recklessly   manufactures or delivers a controlled substance included in Penalty   Group 1-B under Section 481.1022, Health and Safety Code, in   violation of Section 481.1123, Health and Safety Code, and an   individual dies as a result of injecting, ingesting, inhaling, or   introducing into the individual'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.          (c)  It is a defense to prosecution under Subsection (a-1)   that the actor's conduct in manufacturing or delivering the   controlled substance was authorized under Chapter 481, Health and   Safety Code, or other state or federal law.          SECTION 22.  Section 19.05, Penal Code, is amended by adding   Subsections (a-1) and (c) to read as follows:          (a-1)  A person commits an offense if the person with   criminal negligence manufactures or delivers a controlled   substance included in Penalty Group 1-B under Section 481.1022,   Health and Safety Code, in violation of Section 481.1123, Health   and Safety Code, and an individual dies as a result of injecting,   ingesting, inhaling, or introducing into the individual'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.          (c)  It is a defense to prosecution under Subsection (a-1)   that the actor's conduct in manufacturing or delivering the   controlled substance was authorized under Chapter 481, Health and   Safety Code, or other state or federal law.          SECTION 23.  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 24.  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 25.  The changes in law made by this Act to Chapter   481, Health and Safety Code, and Sections 19.02, 19.04, 19.05, and   71.02, Penal 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 26.  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 27.  This Act takes effect September 1, 2023.