88R3685 CJD-D     By: Thompson of Harris H.B. No. 388       A BILL TO BE ENTITLED   AN ACT   relating to the criminal penalty for the possession of a small   amount of marihuana.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.121(b), Health and Safety Code, is   amended to read as follows:          (b)  An offense under Subsection (a) is:                (1)  a Class C [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)  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 2.  Section 481.134(f), Health and Safety Code, is   amended to read as follows:          (f)  An offense otherwise punishable under Section   481.118(b), 481.119(b), or 481.120(b)(1) [, or 481.121(b)(1)] is a   Class A misdemeanor if it is shown on the trial of the offense that   the offense was committed:                (1)  in, on, or within 1,000 feet of any real property   that is owned, rented, or leased to a school or school board, 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 3.  Article 14.06(d), Code of Criminal Procedure, is   amended to read as follows:          (d)  Subsection (c) applies only to a person charged with   committing an offense under:                (1)  Section 481.121, Health and Safety Code, if the   offense is punishable under Subsection (b)(2) [(b)(1) or (2)] of   that section;                (1-a)  Section 481.1161, Health and Safety Code, if the   offense is punishable under Subsection (b)(1) or (2) of that   section;                (2)  Section 28.03, Penal Code, if the offense is   punishable under Subsection (b)(2) of that section;                (3)  Section 28.08, Penal Code, if the offense is   punishable under Subsection (b)(2) or (3) of that section;                (4)  Section 31.03, Penal Code, if the offense is   punishable under Subsection (e)(2)(A) of that section;                (5)  Section 31.04, Penal Code, if the offense is   punishable under Subsection (e)(2) of that section;                (6)  Section 38.114, Penal Code, if the offense is   punishable as a Class B misdemeanor; or                (7)  Section 521.457, Transportation Code.          SECTION 4.  Section 411.0728(a), Government Code, is amended   to read as follows:          (a)  This section applies only to a person:                (1)  who is convicted of or placed on deferred   adjudication community supervision for an offense under:                      (A)  Section 481.120, Health and Safety Code, if   the offense is punishable under Subsection (b)(1) of that section;                      (B)  [Section 481.121, Health and Safety Code, if   the offense is punishable under Subsection (b)(1);                      [(C)] Section 31.03, Penal Code, if the offense is   punishable under Subsection (e)(1) or (2) of that section; or                      (C) [(D)]  Section 43.02, Penal Code; and                (2)  who, if requested by the applicable law   enforcement agency or prosecuting attorney to provide assistance in   the investigation or prosecution of an offense under Section   20A.02, 20A.03, or 43.05, Penal Code, or a federal offense   containing elements that are substantially similar to the elements   of an offense under any of those sections:                      (A)  provided assistance in the investigation or   prosecution of the offense; or                      (B)  did not provide assistance in the   investigation or prosecution of the offense due to the person's age   or a physical or mental disability resulting from being a victim of   an offense described by this subdivision.          SECTION 5.  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 occurred   before that date.          SECTION 6.  This Act takes effect September 1, 2023.