84R21709 JSC-D
	By: Simpson	H.B. No. 2165
	Substitute the following for H.B. No. 2165:
	By:  Herrero	C.S.H.B. No. 2165

	A BILL TO BE ENTITLED
	AN ACT
	relating to repealing marihuana offenses; prohibiting the sale or
	distribution of marihuana to a minor; creating criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The following provisions are repealed:
	(1)  Article 13.22, Code of Criminal Procedure;
	(2)  Sections 481.002(26), 481.120, and 481.121,
	Health and Safety Code; and
	(3)  Sections 159.001(4) and 159.101(e), Tax Code.
	SECTION 2.  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)(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)(1) 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 3.  Article 15.27(h), Code of Criminal Procedure, is
	amended to read as follows:
	(h)  This article applies to any felony offense and the
	following misdemeanors:
	(1)  an offense under Section 20.02, 21.08, 22.01,
	22.05, 22.07, or 71.02, Penal Code;
	(2)  the unlawful use, sale, or possession of a
	controlled substance or [,] drug paraphernalia, [or marihuana,] as
	defined by Chapter 481, Health and Safety Code; or
	(3)  the unlawful possession of any of the weapons or
	devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
	weapon listed as a prohibited weapon under Section 46.05, Penal
	Code.
	SECTION 4.  Section 4, Article 18.20, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 4.  OFFENSES FOR WHICH INTERCEPTIONS MAY BE
	AUTHORIZED.  A judge of competent jurisdiction may issue an order
	authorizing interception of wire, oral, or electronic
	communications only if the prosecutor applying for the order shows
	probable cause to believe that the interception will provide
	evidence of the commission of:
	(1)  a felony under Section 19.02, 19.03, or 43.26,
	Penal Code;
	(2)  a felony under:
	(A)  Chapter 481, Health and Safety Code[, other
	than felony possession of marihuana];
	(B)  Section 485.032, Health and Safety Code; or
	(C)  Chapter 483, Health and Safety Code;
	(3)  an offense under Section 20.03 or 20.04, Penal
	Code;
	(4)  an offense under Chapter 20A, Penal Code;
	(5)  an offense under Chapter 34, Penal Code, if the
	criminal activity giving rise to the proceeds involves the
	commission of an offense under Title 5, Penal Code, or an offense
	under federal law or the laws of another state containing elements
	that are substantially similar to the elements of an offense under
	Title 5;
	(6)  an offense under Section 38.11, Penal Code; or
	(7)  an attempt, conspiracy, or solicitation to commit
	an offense listed in this section.
	SECTION 5.  Section 15(a)(1), Article 42.12, Code of
	Criminal Procedure, is amended to read as follows:
	(1)  On conviction of a state jail felony under Section
	481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
	[481.121(b)(3),] or 481.129(g)(1), Health and Safety Code, that is
	punished under Section 12.35(a), Penal Code, the judge shall
	suspend the imposition of the sentence and place the defendant on
	community supervision, unless the defendant has previously been
	convicted of a felony, other than a felony punished under Section
	12.44(a), Penal Code, or unless the conviction resulted from an
	adjudication of the guilt of a defendant previously placed on
	deferred adjudication community supervision for the offense, in
	which event the judge may suspend the imposition of the sentence and
	place the defendant on community supervision or may order the
	sentence to be executed.  The provisions of this subdivision
	requiring the judge to suspend the imposition of the sentence and
	place the defendant on community supervision do not apply to a
	defendant who:
	(A)  under Section 481.1151(b)(1), Health and
	Safety Code, possessed more than five abuse units of the controlled
	substance; or
	(B)  under Section 481.1161(b)(3), Health and
	Safety Code, possessed more than one pound, by aggregate weight,
	including adulterants or dilutants, of the controlled substance[;
	or
	[(C)     under Section 481.121(b)(3), Health and
	Safety Code, possessed more than one pound of marihuana].
	SECTION 6.  Section 15(d), Article 42.12, Code of Criminal
	Procedure, is amended to read as follows:
	(d)  A judge may impose as a condition of community
	supervision that a defendant submit at the beginning of the period
	of community supervision to a term of confinement in a state jail
	felony facility for a term of not less than 90 days or more than 180
	days, or a term of not less than 90 days or more than one year if the
	defendant is convicted of an offense punishable as a state jail
	felony under Section 481.112, 481.1121, or 481.113, [or 481.120,]
	Health and Safety Code. A judge may not require a defendant to
	submit to both the term of confinement authorized by this
	subsection and a term of confinement under Section 5 or 12 of this
	article. For the purposes of this subsection, a defendant
	previously has been convicted of a felony regardless of whether the
	sentence for the previous conviction was actually imposed or was
	probated and suspended.
	SECTION 7.  Section 37.006(a), Education Code, is amended to
	read as follows:
	(a)  A student shall be removed from class and placed in a
	disciplinary alternative education program as provided by Section
	37.008 if the student:
	(1)  engages in conduct involving a public school that
	contains the elements of the offense of false alarm or report under
	Section 42.06, Penal Code, or terroristic threat under Section
	22.07, Penal Code; or
	(2)  commits the following on or within 300 feet of
	school property, as measured from any point on the school's real
	property boundary line, or while attending a school-sponsored or
	school-related activity on or off of school property:
	(A)  engages in conduct punishable as a felony;
	(B)  engages in conduct that contains the elements
	of the offense of assault under Section 22.01(a)(1), Penal Code;
	(C)  sells, gives, or delivers to another person
	or possesses or uses or is under the influence of:
	(i)  [marihuana or] a controlled substance,
	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
	Section 801 et seq.; or
	(ii)  a dangerous drug, as defined by
	Chapter 483, Health and Safety Code;
	(D)  sells, gives, or delivers to another person
	an alcoholic beverage, as defined by Section 1.04, Alcoholic
	Beverage Code, commits a serious act or offense while under the
	influence of alcohol, or possesses, uses, or is under the influence
	of an alcoholic beverage;
	(E)  engages in conduct that contains the elements
	of an offense relating to an abusable volatile chemical under
	Sections 485.031 through 485.034, Health and Safety Code; or
	(F)  engages in conduct that contains the elements
	of the offense of public lewdness under Section 21.07, Penal Code,
	or indecent exposure under Section 21.08, Penal Code.
	SECTION 8.  Section 37.007(b), Education Code, is amended to
	read as follows:
	(b)  A student may be expelled if the student:
	(1)  engages in conduct involving a public school that
	contains the elements of the offense of false alarm or report under
	Section 42.06, Penal Code, or terroristic threat under Section
	22.07, Penal Code;
	(2)  while on or within 300 feet of school property, as
	measured from any point on the school's real property boundary
	line, or while attending a school-sponsored or school-related
	activity on or off of school property:
	(A)  sells, gives, or delivers to another person
	or possesses, uses, or is under the influence of any amount of:
	(i)  [marihuana or] a controlled substance,
	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
	Section 801 et seq.;
	(ii)  a dangerous drug, as defined by
	Chapter 483, Health and Safety Code; or
	(iii)  an alcoholic beverage, as defined by
	Section 1.04, Alcoholic Beverage Code;
	(B)  engages in conduct that contains the elements
	of an offense relating to an abusable volatile chemical under
	Sections 485.031 through 485.034, Health and Safety Code;
	(C)  engages in conduct that contains the elements
	of an offense under Section 22.01(a)(1), Penal Code, against a
	school district employee or a volunteer as defined by Section
	22.053; or
	(D)  engages in conduct that contains the elements
	of the offense of deadly conduct under Section 22.05, Penal Code;
	(3)  subject to Subsection (d), while within 300 feet
	of school property, as measured from any point on the school's real
	property boundary line:
	(A)  engages in conduct specified by Subsection
	(a); or
	(B)  possesses a firearm, as defined by 18 U.S.C.
	Section 921;
	(4)  engages in conduct that contains the elements of
	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
	aggravated robbery under Section 29.03, Penal Code, against another
	student, without regard to whether the conduct occurs on or off of
	school property or while attending a school-sponsored or
	school-related activity on or off of school property; or
	(5)  engages in conduct that contains the elements of
	the offense of breach of computer security under Section 33.02,
	Penal Code, if:
	(A)  the conduct involves accessing a computer,
	computer network, or computer system owned by or operated on behalf
	of a school district; and
	(B)  the student knowingly:
	(i)  alters, damages, or deletes school
	district property or information; or
	(ii)  commits a breach of any other
	computer, computer network, or computer system.
	SECTION 9.  Section 37.015(a), Education Code, is amended to
	read as follows:
	(a)  The principal of a public or private primary or
	secondary school, or a person designated by the principal under
	Subsection (d), shall notify any school district police department
	and the police department of the municipality in which the school is
	located or, if the school is not in a municipality, the sheriff of
	the county in which the school is located if the principal has
	reasonable grounds to believe that any of the following activities
	occur in school, on school property, or at a school-sponsored or
	school-related activity on or off school property, whether or not
	the activity is investigated by school security officers:
	(1)  conduct that may constitute an offense listed
	under Section 508.149, Government Code;
	(2)  deadly conduct under Section 22.05, Penal Code;
	(3)  a terroristic threat under Section 22.07, Penal
	Code;
	(4)  the use, sale, or possession of a controlled
	substance or [,] drug paraphernalia [, or marihuana] under Chapter
	481, Health and Safety Code;
	(5)  the possession of any of the weapons or devices
	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
	Code;
	(6)  conduct that may constitute a criminal offense
	under Section 71.02, Penal Code; or
	(7)  conduct that may constitute a criminal offense for
	which a student may be expelled under Section 37.007(a), (d), or
	(e).
	SECTION 10.  Section 37.016, Education Code, is amended to
	read as follows:
	Sec. 37.016.  REPORT OF DRUG OFFENSES; LIABILITY. A
	teacher, school administrator, or school employee is not liable in
	civil damages for reporting to a school administrator or
	governmental authority, in the exercise of professional judgment
	within the scope of the teacher's, administrator's, or employee's
	duties, a student whom the teacher suspects of using, passing, or
	selling, on school property:
	(1)  [marihuana or] a controlled substance, as defined
	by Chapter 481, Health and Safety Code;
	(2)  a dangerous drug, as defined by Chapter 483,
	Health and Safety Code;
	(3)  an abusable glue or aerosol paint, as defined by
	Chapter 485, Health and Safety Code, or a volatile chemical, as
	listed in Chapter 485 [484], Health and Safety Code, if the
	substance is used or sold for the purpose of inhaling its fumes or
	vapors; or
	(4)  an alcoholic beverage, as defined by Section 1.04,
	Alcoholic Beverage Code.
	SECTION 11.  Section 76.017(b), Government Code, is amended
	to read as follows:
	(b)  The program must:
	(1)  include automatic screening and evaluation of a
	person arrested for an offense, other than a Class C misdemeanor, in
	which an element of the offense is the use or possession of alcohol
	or the use, possession, or sale of a controlled substance [or
	marihuana];
	(2)  include automatic screening and evaluation of a
	person arrested for an offense, other than a Class C misdemeanor, in
	which the use of alcohol or drugs is suspected to have significantly
	contributed to the offense for which the individual has been
	arrested;
	(3)  coordinate the evaluation and referral to
	treatment services; and
	(4)  make referrals for the appropriate treatment of a
	person determined to be in need of treatment, including referrals
	to a community corrections facility as defined by Section 509.001.
	SECTION 12.  Section 123.002, Government Code, is amended to
	read as follows:
	Sec. 123.002.  AUTHORITY TO ESTABLISH PROGRAM.  The
	commissioners court of a county or governing body of a municipality
	may establish the following types of drug court programs:
	(1)  drug courts for persons arrested for, charged
	with, or convicted of:
	(A)  an offense in which an element of the offense
	is the use or possession of alcohol  or the use, possession, or sale
	of a controlled substance or [,] a controlled substance analogue [,
	or marihuana]; or
	(B)  an offense in which the use of alcohol or a
	controlled substance is suspected to have significantly
	contributed to the commission of the offense and the offense did not
	involve:
	(i)  carrying, possessing, or using a
	firearm or other dangerous weapon;
	(ii)  the use of force against the person of
	another; or
	(iii)  the death of or serious bodily injury
	to another;
	(2)  drug courts for juveniles detained for, taken into
	custody for, or adjudicated as having engaged in:
	(A)  delinquent conduct, including habitual
	felony conduct, or conduct indicating a need for supervision in
	which an element of the conduct is the use or possession of alcohol
	or the use, possession, or sale of a controlled substance or [,] a
	controlled substance analogue [, or marihuana]; or
	(B)  delinquent conduct, including habitual
	felony conduct, or conduct indicating a need for supervision in
	which the use of alcohol or a controlled substance is suspected to
	have significantly contributed to the commission of the conduct and
	the conduct did not involve:
	(i)  carrying, possessing, or using a
	firearm or other dangerous weapon;
	(ii)  the use of force against the person of
	another; or
	(iii)  the death of or serious bodily injury
	to another;
	(3)  reentry drug courts for persons with a
	demonstrated history of using alcohol or a controlled substance who
	may benefit from a program designed to facilitate the person's
	transition and reintegration into the community on release from a
	state or local correctional facility;
	(4)  family dependency drug treatment courts for family
	members involved in a suit affecting the parent-child relationship
	in which a parent's use of alcohol or a controlled substance is a
	primary consideration in the outcome of the suit; or
	(5)  programs for other persons not precisely described
	by Subdivisions (1)-(4) who may benefit from a program that has the
	essential characteristics described by Section 123.001.
	SECTION 13.  Chapter 161, Health and Safety Code, is amended
	by adding Subchapter I to read as follows:
	SUBCHAPTER I. SALE OR DISTRIBUTION OF MARIHUANA TO MINORS
	Sec. 161.091.  DEFINITIONS. In this subchapter:
	(1)  "Marihuana" means the plant Cannabis sativa L.,
	whether growing or not, the seeds of that plant, and every compound,
	manufacture, salt, derivative, mixture, or preparation of that
	plant or its seeds. The term does not include:
	(A)  the resin extracted from a part of the plant
	or a compound, manufacture, salt, derivative, mixture, or
	preparation of the resin;
	(B)  the mature stalks of the plant or fiber
	produced from the stalks;
	(C)  oil or cake made from the seeds of the plant;
	(D)  a compound, manufacture, salt, derivative,
	mixture, or preparation of the mature stalks, fiber, oil, or cake;
	or
	(E)  the sterilized seeds of the plant that are
	incapable of beginning germination.
	(2)  "Minor" means a person younger than 18 years of
	age.
	Sec. 161.092.  SALE OR DISTRIBUTION OF MARIHUANA TO MINORS
	PROHIBITED; PROOF OF AGE REQUIRED. (a) A person commits an offense
	if the person, with criminal negligence:
	(1)  sells, gives, or causes to be sold or given
	marihuana to a minor; or
	(2)  sells, gives, or causes to be sold or given
	marihuana to another person who intends to deliver it to a minor.
	(b)  If an offense under this section occurs in connection
	with a sale by an employee of the owner of a store in which marihuana
	is sold at retail, the employee is criminally responsible for the
	offense and is subject to prosecution.
	(c)  An offense under this section is a Class C misdemeanor.
	(d)  It is a defense to prosecution under Subsection (a)(1)
	that the person to whom the marihuana was sold or given presented to
	the defendant apparently valid proof of identification.
	(e)  A proof of identification satisfies the requirements of
	Subsection (d) if it contains a physical description and photograph
	consistent with the person's appearance, purports to establish that
	the person is 18 years of age or older, and was issued by a
	governmental agency. The proof of identification may include a
	driver's license issued by this state or another state, a passport,
	or an identification card issued by a state or the federal
	government.
	(f)  There is a presumption that the defendant was presented
	with an apparently valid proof of identification if the defendant
	shows that a transaction scan device, as defined by Section
	161.0825, used at the time the marihuana was sold or given,
	confirmed that the proof of identification was valid.
	(g)  It is an exception to the application of this section
	that the actor providing marihuana to the minor was the minor's
	parent or guardian, and the parent or guardian directly supervised
	the minor's possession or use of the marihuana.
	Sec. 161.093.  NOTIFICATION OF EMPLOYEES AND AGENTS. (a)
	Each retailer shall notify each individual employed by that
	retailer who is to be engaged in retail sales of marihuana that
	state law prohibits the sale or distribution of marihuana to any
	person who is younger than 18 years of age as provided by Section
	161.092 and that a violation of that section is a Class C
	misdemeanor.
	(b)  The notice required by Subsection (a) must be provided
	within 72 hours of the date an individual begins to engage in retail
	sales of marihuana. The individual shall signify that the
	individual has received the notice required by Subsection (a) by
	signing a form stating that the law has been fully explained, that
	the individual understands the law, and that the individual, as a
	condition of employment, agrees to comply with the law.
	(c)  Each form signed by an individual under this section
	shall indicate the date of the signature and the current address of
	the individual. The retailer shall retain the form signed by each
	individual employed as a retail sales clerk until the 60th day after
	the date the individual has left the employer's employ.
	(d)  A retailer required by this section to notify employees
	commits an offense if the retailer fails, on demand of a peace
	officer or an agent of the comptroller, to provide the forms
	prescribed by this section. An offense under this section is a
	Class C misdemeanor.
	(e)  It is a defense to prosecution under Subsection (d) to
	show proof that the employee did complete, sign, and date the forms
	required by Subsections (b) and (c). Proof must be shown to the
	comptroller or an agent of the comptroller not later than the
	seventh day after the date of a demand under Subsection (d).
	Sec. 161.094.  VENDOR ASSISTED SALES REQUIRED; VENDING
	MACHINES. (a) Except as provided by Subsection (b), a retailer or
	other person may not:
	(1)  offer marihuana for sale in a manner that permits a
	customer direct access to the marihuana; or
	(2)  install or maintain a vending machine containing
	marihuana.
	(b)  Subsection (a) does not apply to a facility or business
	that is not open to minors at any time.
	(c)  A person commits an offense if the person violates
	Subsection (a). An offense under this subsection is a Class C
	misdemeanor.
	Sec. 161.095.  DISTRIBUTION OF MARIHUANA. (a) A person may
	not distribute to a minor:
	(1)  a free sample of marihuana; or
	(2)  a coupon or other item that the recipient may use
	to receive free or discounted marihuana or a sample of marihuana.
	(b)  A person may not accept or redeem, offer to accept or
	redeem, or hire a person to accept or redeem a coupon or other item
	that the recipient may use to receive free or discounted marihuana
	or a sample of marihuana if the recipient is a minor.
	(c)  A person commits an offense if the person violates this
	section. An offense under this subsection is a Class C misdemeanor.
	Sec. 161.096.  ENFORCEMENT. (a) The comptroller shall
	enforce this subchapter in partnership with local law enforcement
	agencies.
	(b)  The comptroller may make block grants to counties and
	municipalities to be used by local law enforcement agencies to
	enforce this subchapter in a manner that can reasonably be expected
	to reduce the extent to which marihuana is sold or distributed to
	minors. The comptroller shall rely, to the fullest extent
	possible, on local law enforcement agencies to enforce this
	subchapter.
	(c)  To facilitate the effective administration and
	enforcement of this subchapter, the comptroller may enter into
	interagency contracts with other state agencies, and those agencies
	may assist the comptroller in the administration and enforcement of
	this subchapter.
	(d)  The use of a minor to act as a minor decoy to test
	compliance with this subchapter shall be conducted in a fashion
	that promotes fairness. A person may be enlisted by the comptroller
	or a local law enforcement agency to act as a decoy only if the
	following requirements are met:
	(1)  written parental consent is obtained for the use
	of a minor to act as a decoy to test compliance with this
	subchapter;
	(2)  at the time of the inspection, the decoy is younger
	than 17 years of age;
	(3)  the decoy has an appearance that would cause a
	reasonably prudent seller of marihuana to request identification
	and proof of age;
	(4)  the decoy carries either the minor's own
	identification showing the minor's correct date of birth or carries
	no identification, and a decoy who carries identification presents
	it on request to any seller of marihuana; and
	(5)  the decoy answers truthfully any questions about
	the minor's age.
	Sec. 161.097.  REPORTS OF VIOLATION. A local or state law
	enforcement agency or other governmental unit shall notify the
	comptroller, on the 10th day of each month, or the first working day
	after that date, of any violation of this subchapter that occurred
	in the preceding month that the agency or unit detects,
	investigates, or prosecutes.
	SECTION 14.  Sections 481.002(17) and (25), Health and
	Safety Code, are amended to read as follows:
	(17)  "Drug paraphernalia" means equipment, a product,
	or material that is used or intended for use in planting,
	propagating, cultivating, growing, harvesting, manufacturing,
	compounding, converting, producing, processing, preparing,
	testing, analyzing, packaging, repackaging, storing, containing,
	or concealing a controlled substance in violation of this chapter
	or in injecting, ingesting, inhaling, or otherwise introducing into
	the human body a controlled substance in violation of this chapter.
	The term includes:
	(A)  a kit used or intended for use in planting,
	propagating, cultivating, growing, or harvesting a species of plant
	that is a controlled substance or from which a controlled substance
	may be derived;
	(B)  a material, compound, mixture, preparation,
	or kit used or intended for use in manufacturing, compounding,
	converting, producing, processing, or preparing a controlled
	substance;
	(C)  an isomerization device used or intended for
	use in increasing the potency of a species of plant that is a
	controlled substance;
	(D)  testing equipment used or intended for use in
	identifying or in analyzing the strength, effectiveness, or purity
	of a controlled substance;
	(E)  a scale or balance used or intended for use in
	weighing or measuring a controlled substance;
	(F)  a dilutant or adulterant, such as quinine
	hydrochloride, mannitol, inositol, nicotinamide, dextrose,
	lactose, or absorbent, blotter-type material, that is used or
	intended to be used to increase the amount or weight of or to
	transfer a controlled substance regardless of whether the dilutant
	or adulterant diminishes the efficacy of the controlled substance;
	(G)  [a separation gin or sifter used or intended
	for use in removing twigs and seeds from or in otherwise cleaning or
	refining marihuana;
	[(H)]  a blender, bowl, container, spoon, or
	mixing device used or intended for use in compounding a controlled
	substance;
	(H) [(I)]  a capsule, balloon, envelope, or other
	container used or intended for use in packaging small quantities of
	a controlled substance;
	(I) [(J)]  a container or other object used or
	intended for use in storing or concealing a controlled substance;
	(J) [(K)]  a hypodermic syringe, needle, or other
	object used or intended for use in parenterally injecting a
	controlled substance into the human body; and
	(K) [(L)]  an object used or intended for use in
	ingesting, inhaling, or otherwise introducing [marihuana,]
	cocaine, hashish, or hashish oil into the human body, including:
	(i)  a metal, wooden, acrylic, glass, stone,
	plastic, or ceramic pipe with or without a screen, permanent
	screen, hashish head, or punctured metal bowl;
	(ii)  a water pipe;
	(iii)  a carburetion tube or device;
	(iv)  a smoking or carburetion mask;
	(v)  a chamber pipe;
	(vi)  a carburetor pipe;
	(vii)  an electric pipe;
	(viii)  an air-driven pipe;
	(ix)  a chillum;
	(x)  a bong; or
	(xi)  an ice pipe or chiller.
	(25)  "Manufacture" means the production, preparation,
	propagation, compounding, conversion, or processing of a
	controlled substance [other than marihuana], directly or
	indirectly by extraction from substances of natural origin,
	independently by means of chemical synthesis, or by a combination
	of extraction and chemical synthesis, and includes the packaging or
	repackaging of the substance or labeling or relabeling of its
	container. However, the term does not include the preparation,
	compounding, packaging, or labeling of a controlled substance:
	(A)  by a practitioner as an incident to the
	practitioner's administering or dispensing a controlled substance
	in the course of professional practice; or
	(B)  by a practitioner, or by an authorized agent
	under the supervision of the practitioner, for or as an incident to
	research, teaching, or chemical analysis and not for delivery.
	SECTION 15.  Section 481.111(c), Health and Safety Code, is
	amended to read as follows:
	(c)  A person does not violate Section 481.113, 481.116,
	481.1161, [481.121,] or 481.125 if the person possesses or delivers
	tetrahydrocannabinols or their derivatives, or drug paraphernalia
	to be used to introduce tetrahydrocannabinols or their derivatives
	into the human body, for use in a federally approved therapeutic
	research program.
	SECTION 16.  The heading to Section 481.122, Health and
	Safety Code, is amended to read as follows:
	Sec. 481.122.  OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE [OR
	MARIHUANA] TO CHILD.
	SECTION 17.  Sections 481.122(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  A person commits an offense if the person knowingly
	delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
	or 3 [or knowingly delivers marihuana] and the person delivers the
	controlled substance [or marihuana] to a person:
	(1)  who is a child;
	(2)  who is enrolled in a public or private primary or
	secondary school; or
	(3)  who the actor knows or believes intends to deliver
	the controlled substance [or marihuana] to a person described by
	Subdivision (1) or (2).
	(b)  It is an affirmative defense to prosecution under this
	section that[:
	[(1)]  the actor was a child when the offense was
	committed[; or
	[(2)  the actor:
	[(A)     was younger than 21 years of age when the
	offense was committed;
	[(B)     delivered only marihuana in an amount equal
	to or less than one-fourth ounce; and
	[(C)     did not receive remuneration for the
	delivery].
	SECTION 18.  Section 481.126, Health and Safety Code, is
	amended to read as follows:
	Sec. 481.126.  OFFENSE: ILLEGAL BARTER, EXPENDITURE, OR
	INVESTMENT. (a) A person commits an offense if the person:
	(1)  barters property or expends funds the person knows
	are derived from the commission of an offense under this chapter
	punishable by imprisonment in the Texas Department of Criminal
	Justice for life; or
	(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)].
	(b)  An offense under Subsection (a) [(a)(1) or (3)] is a
	felony of the first degree. [An offense under Subsection (a)(2) or
	(4) is a felony of the second degree.]
	SECTION 19.  Section 481.133(c), Health and Safety Code, is
	amended to read as follows:
	(c)  In this section, "drug test" means a lawfully
	administered test designed to detect the presence of a controlled
	substance [or marihuana].
	SECTION 20.  Sections 481.134(b), (c), (d), (e), and (f),
	Health and Safety Code, are amended to read as follows:
	(b)  An offense otherwise punishable as a state jail felony
	under Section 481.112, 481.113, or 481.114 [, or 481.120] is
	punishable as a felony of the third degree, and an offense otherwise
	punishable as a felony of the second degree under any of those
	sections is punishable as a felony of the first degree, if it is
	shown at the punishment phase of the trial of the offense that the
	offense was committed:
	(1)  in, on, or within 1,000 feet of premises owned,
	rented, or leased by an institution of higher learning, the
	premises of a public or private youth center, or a playground; or
	(2)  in, on, or within 300 feet of the premises of a
	public swimming pool or video arcade facility.
	(c)  The minimum term of confinement or imprisonment for an
	offense otherwise punishable under Section 481.112(c), (d), (e), or
	(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
	481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or
	(6), 481.117(c), (d), or (e), or 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; or
	(2)  on a school bus.
	(d)  An offense otherwise punishable under Section
	481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), or
	481.1161(b)(3) [, 481.120(b)(3), or 481.121(b)(3)] is a felony of
	the third degree 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; or
	(2)  on a school bus.
	(e)  An offense otherwise punishable under Section
	481.117(b) or [,] 481.119(a) [, 481.120(b)(2), or 481.121(b)(2)] is
	a state jail felony 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; or
	(2)  on a school bus.
	(f)  An offense otherwise punishable under Section
	481.118(b) or [,] 481.119(b) [, 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; or
	(2)  on a school bus.
	SECTION 21.  Section 481.140(a), Health and Safety Code, is
	amended to read as follows:
	(a)  If it is shown at the punishment phase of the trial of an
	offense otherwise punishable as a state jail felony, felony of the
	third degree, or felony of the second degree under Section 481.112,
	481.1121, 481.113, 481.114, [481.120,] or 481.122 that the
	defendant used or attempted to use a child younger than 18 years of
	age to commit or assist in the commission of the offense, the
	punishment is increased by one degree, unless the defendant used or
	threatened to use force against the child or another to gain the
	child's assistance, in which event the punishment for the offense
	is a felony of the first degree.
	SECTION 22.  Section 31.0031(d), Human Resources Code, as
	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
	2015, is amended to read as follows:
	(d)  The responsibility agreement shall require that:
	(1)  the parent of a dependent child cooperate with the
	commission and the Title IV-D agency if necessary to establish the
	paternity of the dependent child and to establish or enforce child
	support;
	(2)  if adequate and accessible providers of the
	services are available in the geographic area and subject to the
	availability of funds, each dependent child, as appropriate,
	complete early and periodic screening, diagnosis, and treatment
	checkups on schedule and receive the immunization series prescribed
	by Section 161.004, Health and Safety Code, unless the child is
	exempt under that section;
	(3)  each adult recipient, or teen parent recipient who
	has completed the requirements regarding school attendance in
	Subdivision (6), not voluntarily terminate paid employment of at
	least 30 hours each week without good cause in accordance with rules
	adopted by the executive commissioner;
	(4)  each adult recipient for whom a needs assessment
	is conducted participate in an activity to enable that person to
	become self-sufficient by:
	(A)  continuing the person's education or
	becoming literate;
	(B)  entering a job placement or employment skills
	training program;
	(C)  serving as a volunteer in the person's
	community; or
	(D)  serving in a community work program or other
	work program approved by the commission;
	(5)  each caretaker relative or parent receiving
	assistance not use, sell, or possess [marihuana or] a controlled
	substance in violation of Chapter 481, Health and Safety Code, or
	abuse alcohol;
	(6)  each dependent child younger than 18 years of age
	or teen parent younger than 19 years of age attend school regularly,
	unless the child has a high school diploma or high school
	equivalency certificate or is specifically exempted from school
	attendance under Section 25.086, Education Code;
	(7)  each recipient comply with commission rules
	regarding proof of school attendance; and
	(8)  each recipient attend appropriate parenting
	skills training classes, as determined by the needs assessment.
	SECTION 23.  Section 1355.006, Insurance Code, is amended to
	read as follows:
	Sec. 1355.006.  COVERAGE FOR CERTAIN CONDITIONS RELATED TO
	CONTROLLED SUBSTANCE [OR MARIHUANA] NOT REQUIRED. (a) In this
	section, "controlled substance" has [and "marihuana" have] the
	meaning [meanings] assigned by Section 481.002, Health and Safety
	Code.
	(b)  This subchapter does not require a group health benefit
	plan to provide coverage for the treatment of:
	(1)  addiction to a controlled substance [or marihuana]
	that is used in violation of law; or
	(2)  mental illness that results from the use of a
	controlled substance [or marihuana] in violation of law.
	SECTION 24.  Section 71.023(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if the person, as part of the
	identifiable leadership of a criminal street gang, knowingly
	finances, directs, or supervises the commission of, or a conspiracy
	to commit, one or more of the following offenses by members of a
	criminal street gang:
	(1)  a felony offense that is listed in Section
	3g(a)(1), Article 42.12, Code of Criminal Procedure;
	(2)  a felony offense for which it is shown that a
	deadly weapon, as defined by Section 1.07, was used or exhibited
	during the commission of the offense or during immediate flight
	from the commission of the offense; or
	(3)  an offense that is punishable under Section
	481.112(e), 481.112(f), 481.1121(b)(4), or 481.115(f), [or
	481.120(b)(6),] Health and Safety Code.
	SECTION 25.  Sections 159.001(3) and (7), Tax Code, are
	amended to read as follows:
	(3)  "Dealer" means a person who in violation of the law
	of this state imports into this state or manufactures, produces,
	acquires, or possesses in this state:
	(A)  seven grams or more of a taxable substance
	consisting of or containing a controlled substance, counterfeit
	substance, or simulated controlled substance; or
	(B)  fifty dosage units or more of a taxable
	substance not commonly sold by weight, consisting of or containing
	a controlled substance, counterfeit substance, or simulated
	controlled substance[; or
	[(C)     more than four ounces of a taxable substance
	consisting of or containing marihuana].
	(7)  "Taxable substance" means a controlled substance,
	a counterfeit substance, or a simulated controlled substance, [or
	marihuana,] or a mixture of any materials that contains a
	controlled substance, counterfeit substance, or simulated
	controlled substance [, or marihuana].
	SECTION 26.  Section 159.004, Tax Code, is amended to read as
	follows:
	Sec. 159.004.  NO DEFENSE OR IMMUNITY. Nothing in this
	chapter provides a defense or affirmative defense to, exception to,
	or immunity from prosecution under the penal laws of this state
	relating to controlled substances, counterfeit substances, or
	simulated controlled substances [, or marihuana].
	SECTION 27.  Section 159.101(b), Tax Code, is amended to
	read as follows:
	(b)  The rate of the tax is:
	(1)  $200 for each gram of a taxable substance
	consisting of or containing a controlled substance, counterfeit
	substance, or simulated controlled substance; and
	(2)  [$3.50 for each gram of a taxable substance
	consisting of or containing marihuana; and
	[(3)]  $2,000 on each 50 dosage units, or portion of 50
	dosage units, if the total amount is less than 50 dosage units, of a
	controlled substance that is not sold by weight.
	SECTION 28.  (a) An offense under Section 481.120 or
	481.121, Health and Safety Code, may not be prosecuted after the
	effective date of this Act. If on the effective date of this Act a
	criminal action is pending for an offense under one of those
	sections, the action is dismissed on that date. However, a final
	conviction for an offense under one of those sections that exists on
	the effective date of this Act is unaffected by this Act.
	(b)  The change in law made by this Act applies to an offense
	under Section 481.122, 481.125, or 481.126, Health and Safety Code,
	or Section 71.023, Penal Code, committed before, on, or after the
	effective date of this Act, except that a final conviction for an
	offense that exists on the effective date of this Act is unaffected
	by this Act.
	SECTION 29.  This Act takes effect September 1, 2015.