HB 1763

relating to repealing certain offenses and removing certain
regulations relating to marihuana, cannabis, cannabinoids,
synthetic cannabinoids, and paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The following provisions are repealed:
(1)  Section 122.103(c), Agriculture Code;
(2)  Section 122.358, Agriculture Code;
(3)  Sections 69.06(e) and 104.01(c), Alcoholic
(4)  Article 13A.553, Code of Criminal Procedure;
(5)  Sections 443.202(a) and 443.2025(a), Health and
(6)  Section 481.002(17), Health and Safety Code;
(7)  Section 481.1031, Health and Safety Code;
(8)  Sections 481.111(c), (e), and (f), Health and
(9)  Sections 481.1131, 481.1161, 481.120, 481.121,
481.125, and 481.183, Health and Safety Code;
(10)  Subchapter G, Chapter 481, Health and Safety
(11)  Chapter 487, Health and Safety Code; and
(12)  Chapter 169, Occupations Code.
SECTION 2.  Section 122.354, Agriculture Code, is amended to
Sec. 122.354.  DEPARTMENT RULES.  The department[, in
consultation with the Department of Public Safety,] shall adopt
rules regulating the transportation of hemp in this state [to
ensure that illegal marihuana is not transported into or through
this state disguised as legal hemp].
SECTION 3.  Section 69.06(a), Alcoholic Beverage Code, is
(a)  The commission shall deny an original application for a
retail dealer's on-premise license if the commission finds that the
applicant or the applicant's spouse, during the five years
immediately preceding the application, was finally convicted of a
felony or one of the following offenses:
(1)  prostitution or solicitation of prostitution;
(2)  a vagrancy offense involving moral turpitude;
(5)  an offense involving controlled substances as
defined in the Texas Controlled Substances Act, including [an
offense involving a synthetic cannabinoid, or] an offense involving
(6)  a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
(7)  more than three violations of this code relating
(9)  an offense involving firearms or a deadly weapon.
SECTION 4.  Section 104.01(a), Alcoholic Beverage Code, is
(a)  A person authorized to sell malt beverages at retail, or
the person's agent, servant, or employee, may not engage in or
permit conduct on the premises of the retailer which is lewd,
immoral, or offensive to public decency, including any of the
(1)  the use of loud and vociferous or obscene, vulgar,
or indecent language, or permitting its use;
(2)  the exposure of a person or permitting a person to
(3)  rudely displaying or permitting a person to rudely
display a pistol or other deadly weapon in a manner calculated to
disturb persons in the retail establishment;
(4)  solicitation of any person to buy drinks for
consumption by the retailer or any of the retailer's employees;
(5)  being intoxicated on the licensed premises;
(6)  permitting lewd or vulgar entertainment or acts;
(7)  permitting solicitations of persons for immoral or
(8)  failing or refusing to comply with state or
municipal health or sanitary laws or ordinances; or
(9)  possession of a narcotic [or synthetic
cannabinoid] or any equipment used or designed for the
administering of a narcotic [or a synthetic cannabinoid] or
permitting a person on the licensed premises to do so.
SECTION 5.  Article 14.06(d), Code of Criminal Procedure, is
(d)  Subsection (c) applies only to a person charged with
(1)  [Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
[(1-a)  Section 481.1161, Health and Safety Code, if
the offense is punishable under Subsection (b)(1) or (2) of that
[(2)]  Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(2) [(3)]  Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) of that section;
(3) [(4)]  Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(4) [(5)]  Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(5) [(5-a)]  Section 37.10, Penal Code, if the offense
is for tampering with a temporary tag issued under Chapter 502 or
(6)  Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7)  Section 521.457, Transportation Code.
SECTION 6.  Article 15.27(h), Code of Criminal Procedure, is
(h)  This article applies to any felony offense and the
(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[, 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
SECTION 7.  Article 18.02(a), Code of Criminal Procedure, is
(a)  A search warrant may be issued to search for and seize:
(1)  property acquired by theft or in any other manner
which makes its acquisition a penal offense;
(2)  property specially designed, made, or adapted for
or commonly used in the commission of an offense;
(3)  arms and munitions kept or prepared for the
purposes of insurrection or riot;
(4)  weapons prohibited by the Penal Code;
(5)  gambling devices or equipment, altered gambling
equipment, or gambling paraphernalia;
(6)  obscene materials kept or prepared for commercial
distribution or exhibition, subject to the additional rules set
(7)  a drug, controlled substance, immediate
precursor, chemical precursor, or other controlled substance
property, including an apparatus [or paraphernalia] kept,
prepared, or manufactured in violation of the laws of this state;
(8)  any property the possession of which is prohibited
(9)  implements or instruments used in the commission
(10)  property or items, except the personal writings
by the accused, constituting evidence of an offense or constituting
evidence tending to show that a particular person committed an
(12)  contraband subject to forfeiture under Chapter 59
(13)  electronic customer data held in electronic
storage, including the contents of and records and other
information related to a wire communication or electronic
communication held in electronic storage; or
(14)  a cellular telephone or other wireless
communications device, subject to Article 18.0215.
SECTION 8.  Article 18A.101, Code of Criminal Procedure, is
Art. 18A.101.  OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
ISSUED.  A judge of competent jurisdiction may issue an
interception order only if the prosecutor applying for the order
shows probable cause to believe that the interception will provide
(1)  a felony under any of the following provisions of
(A)  Chapter 481[, other than felony possession of
(2)  an offense under any of the following provisions
(F)  Chapter 34, 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;
(3)  an attempt, conspiracy, or solicitation to commit
an offense listed in Subdivision (1) or (2).
SECTION 9.  Article 42A.301(b), Code of Criminal Procedure,
(b)  Conditions of community supervision may include
conditions requiring the defendant to:
(1)  commit no offense against the laws of this state or
of any other state or of the United States;
(2)  avoid injurious or vicious habits;
(3)  report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(4)  permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(5)  work faithfully at suitable employment to the
(6)  remain within a specified place;
(7)  pay in one or more amounts:
(A)  the defendant's fine, if one is assessed; and
(B)  all court costs, regardless of whether a fine
(8)  support the defendant's dependents;
(9)  participate, for a period specified by the judge,
in any community-based program, including a community service
(10)  if the judge determines that the defendant has
financial resources that enable the defendant to offset in part or
in whole the costs of the legal services provided to the defendant
in accordance with Article 1.051(c) or (d), including any expenses
and costs, reimburse the county in which the prosecution was
instituted for the costs of the legal services in an amount that the
judge finds the defendant is able to pay, except that the defendant
may not be ordered to pay an amount that exceeds:
(A)  the actual costs, including any expenses and
costs, paid by the county for the legal services provided by an
(B)  if the defendant was represented by a public
defender's office, the actual amount, including any expenses and
costs, that would have otherwise been paid to an appointed attorney
had the county not had a public defender's office;
(11)  if under custodial supervision in a community
(A)  remain under that supervision;
(B)  obey all rules and regulations of the
(C)  pay a percentage of the defendant's income to
the facility for room and board;
(12)  submit to testing for alcohol or controlled
(13)  attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
(14)  with the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
(15)  submit to electronic monitoring;
(16)  reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56B.003, of the offense or if no reimbursement
is required, make one payment to the compensation to victims of
crime fund in an amount not to exceed $50 if the offense is a
misdemeanor or not to exceed $100 if the offense is a felony;
(17)  reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, [drug paraphernalia,] or other
materials seized in connection with the offense;
(18)  reimburse all or part of the reasonable and
necessary costs incurred by the victim for psychological counseling
made necessary by the offense or for counseling and education
relating to acquired immune deficiency syndrome or human
immunodeficiency virus made necessary by the offense;
(19)  pay a fine in an amount not to exceed $50 to a
crime stoppers organization, as defined by Section 414.001,
Government Code, and as certified by the Texas Crime Stoppers
(20)  submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant; and
(21)  in any manner required by the judge, provide in
the county in which the offense was committed public notice of the
offense for which the defendant was placed on community
SECTION 10.  Article 42A.514(a), Code of Criminal Procedure,
(a)  If a judge grants community supervision to a defendant
younger than 18 years of age convicted of an alcohol-related
offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
an offense involving possession of a controlled substance [or
marihuana] under Section 481.115, 481.1151, 481.116, [481.1161,]
481.117, or 481.118, [or 481.121,] Health and Safety Code, the
judge may require the defendant as a condition of community
supervision to successfully complete, as appropriate:
(1)  an alcohol awareness program under Section
106.115, Alcoholic Beverage Code, that is regulated by the Texas
Department of Licensing and Regulation under Chapter 171,
(2)  a substance misuse education program that is
designed to educate persons on the dangers of substance misuse in
accordance with Section 521.374(a)(1), Transportation Code, and
that is regulated by the Texas Department of Licensing and
Regulation under Chapter 171, Government Code.
SECTION 11.  Articles 42A.551(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a)  Except as otherwise provided by Subsection (b) or (c),
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
(c)  Subsection (a) does not apply to a defendant who[:
[(1)]  under Section 481.1151(b)(1), Health and Safety
Code, possessed more than five abuse units of the controlled
[(2)  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
[(3)  under Section 481.121(b)(3), Health and Safety
Code, possessed more than one pound of marihuana].
SECTION 12.  Article 42A.555(a), Code of Criminal Procedure,
(a)  A judge assessing punishment in a state jail felony case
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:
(1)  not less than 90 days or more than 180 days; or
(2)  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,]
SECTION 13.  Section 37.005(c), Education Code, is amended
(c)  A student who is enrolled in a grade level below grade
three may not be placed in out-of-school suspension unless while on
school property or while attending a school-sponsored or
school-related activity on or off of school property, the student
(1)  conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code;
(2)  conduct that contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
(3)  selling, giving, or delivering to another person
or possessing, using, or being under the influence of any amount of:
(A)  [marihuana or] a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
(B)  a dangerous drug, as defined by Chapter 483,
(C)  an alcoholic beverage, as defined by Section
SECTION 14.  Section 37.006(a), Education Code, is amended
(a)  Subject to the requirements of Section 37.009(a), a
student shall be removed from class and placed in a disciplinary
alternative education program as provided by Section 37.008 if the
(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
(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)  a controlled substance, as defined by
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
seq., excluding marihuana, as defined by Section 481.002, Health
and Safety Code, or tetrahydrocannabinol, as defined by rule
adopted under Section 481.003 of that code; or
(ii)  a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(C-1)  [possesses, uses, or is under the influence
of, or sells, gives, or delivers to another person marihuana, as
defined by Section 481.002, Health and Safety Code, or
tetrahydrocannabinol, as defined by rule adopted under Section
[(C-2)]  possesses, uses, sells, gives, or
delivers to another person an e-cigarette, as defined by Section
161.081, 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
(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;
(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; or
(G)  engages in conduct that contains the elements
of the offense of harassment under Section 42.07(a)(1), (2), (3),
or (7), Penal Code, against an employee of the school district.
SECTION 15.  Section 37.007(b), Education Code, is amended
(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
(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., excluding marihuana, as defined by Section
481.002, Health and Safety Code, or tetrahydrocannabinol, as
defined by rule adopted under Section 481.003 of that code;
(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
(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
(A)  engages in conduct specified by Subsection
(B)  possesses a firearm, as defined by 18 U.S.C.
(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,
(A)  the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
(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 16.  Sections 37.009(a-1) and (a-2), Education Code,
are amended to read as follows:
(a-1)  If a disciplinary alternative education program is at
capacity at the time a campus behavior coordinator is deciding
placement under Subsection (a) for a student who engaged in conduct
described under Section 37.006(a)(2)(C-1), [(C-2),] (D), or (E),
(1)  placed in in-school suspension; and
(2)  if a position becomes available in the program
before the expiration of the period of the placement, transferred
to the program for the remainder of the period.
(a-2)  If a disciplinary alternative education program is at
capacity at the time a campus behavior coordinator is deciding
placement under Subsection (a) for a student who engaged in conduct
described under Section 37.007 that constitutes violent conduct, as
defined by commissioner rule, a student who has been placed in the
program for conduct described under Section 37.006(a)(2)(C-1),
(1)  may be removed from the program and placed in
in-school suspension to make a position in the program available
for the student who engaged in violent conduct; and
(2)  if removed from the program under Subdivision (1)
and a position in the program becomes available before the
expiration of the period of the placement, shall be returned to the
program for the remainder of the period.
SECTION 17.  Section 37.015(a), Education Code, is amended
(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
(4)  the use, sale, or possession of a controlled
substance[, drug paraphernalia, or marihuana] under Chapter 481,
(5)  the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
(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
SECTION 18.  Section 37.016, Education Code, is amended to
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
(1)  [marihuana or] a controlled substance, as defined
by Chapter 481, Health and Safety Code;
(2)  a dangerous drug, as defined by Chapter 483,
(3)  an abusable glue or aerosol paint, as defined by
Chapter 485, Health and Safety Code, or a volatile chemical, as
listed in Chapter 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,
SECTION 19.  Section 53.03(h-1), Family Code, is amended to
(h-1)  If the child is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision that violates
Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
481.118, [or 481.121,] Health and Safety Code, deferred prosecution
under this section may include a condition that the child
successfully complete a substance misuse education program that is
designed to educate persons on the dangers of substance misuse in
accordance with Section 521.374(a)(1), Transportation Code, and
that is regulated by the Texas Department of Licensing and
Regulation under Chapter 171, Government Code.
SECTION 20.  Section 54.047(a), Family Code, is amended to
(a)  If the court or jury finds at an adjudication hearing
for a child that the child engaged in delinquent conduct or conduct
indicating a need for supervision that constitutes a violation of
Section 481.115, 481.1151, 481.116, [481.1161,] 481.117, or
481.118, [or 481.121,] Health and Safety Code, the court may order
that the child successfully complete a substance misuse education
program that is designed to educate persons on the dangers of
substance misuse in accordance with Section 521.374(a)(1),
Transportation Code, and that is regulated by the Texas Department
of Licensing and Regulation under Chapter 171, Government Code.
SECTION 21.  Section 161.001(c), Family Code, is amended to
(c)  Evidence of one or more of the following does not
constitute clear and convincing evidence sufficient for a court to
make a finding under Subsection (b) and order termination of the
(1)  the parent homeschooled the child;
(2)  the parent is economically disadvantaged;
(3)  the parent has been charged with a nonviolent
misdemeanor offense other than:
(A)  an offense under Title 5, Penal Code;
(B)  an offense under Title 6, Penal Code; or
(C)  an offense that involves family violence, as
defined by Section 71.004 of this code;
(4)  the parent provided or administered marihuana or
[low-THC] cannabis to a child for whom marihuana or [the low-THC]
cannabis was recommended or prescribed by a medical practitioner
for a medical condition [under Chapter 169, Occupations Code];
(5)  the parent declined immunization for the child for
reasons of conscience, including a religious belief;
(6)  the parent sought an opinion from more than one
medical provider relating to the child's medical care, transferred
the child's medical care to a new medical provider, or transferred
the child to another health care facility; or
(7)  the parent allowed the child to engage in
independent activities that are appropriate and typical for the
child's level of maturity, physical condition, developmental
SECTION 22.  Section 262.116(a), Family Code, is amended to
(a)  The Department of Family and Protective Services may not
take possession of a child under this subchapter based on evidence
(2)  is economically disadvantaged;
(3)  has been charged with a nonviolent misdemeanor
(A)  an offense under Title 5, Penal Code;
(B)  an offense under Title 6, Penal Code; or
(C)  an offense that involves family violence, as
defined by Section 71.004 of this code;
(4)  provided or administered marihuana or [low-THC]
cannabis to a child for whom marihuana or [the low-THC] cannabis was
recommended or prescribed by a medical practitioner for a medical
condition [under Chapter 169, Occupations Code];
(5)  declined immunization for the child for reasons of
conscience, including a religious belief;
(6)  sought an opinion from more than one medical
provider relating to the child's medical care, transferred the
child's medical care to a new medical provider, or transferred the
child to another health care facility;
(7)  allowed the child to engage in independent
activities that are appropriate and typical for the child's level
of maturity, physical condition, developmental abilities, or
(8)  tested positive for marihuana, unless the
department has evidence that the parent's use of marihuana has
caused significant impairment to the child's physical or mental
health or emotional development.
SECTION 23.  Section 76.017(b), Government Code, is amended
(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
(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
(3)  coordinate the evaluation and referral to
(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 24.  Section 123.002, Government Code, is amended to
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
(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[,
(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
(i)  carrying, possessing, or using a
firearm or other dangerous weapon;
(ii)  the use of force against the person of
(iii)  the death of or serious bodily injury
(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
(i)  carrying, possessing, or using a
firearm or other dangerous weapon;
(ii)  the use of force against the person of
(iii)  the death of or serious bodily injury
(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 25.  Section 411.0728(a), Government Code, is
(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);
[(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); or
(B) [(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
(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 26.  Section 411.0891(a), Government Code, is
(a)  The department may obtain as provided by Subsection
(a-1) criminal history record information that relates to a person
(1)  is an applicant for or holds a registration issued
by the director under Subchapter C, Chapter 481, Health and Safety
Code, that authorizes the person to manufacture, distribute,
analyze, or conduct research with a controlled substance;
(2)  [is an applicant for or holds a registration
issued by the department under Chapter 487, Health and Safety Code,
to be a director, manager, or employee of a dispensing
organization, as defined by Section 487.001, Health and Safety
[(3)]  is an applicant for or holds an authorization
issued by the department under Section 521.2476, Transportation
Code, to do business in this state as a vendor of ignition interlock
(3) [(4)]  is an applicant for or holds certification
by the department as an inspection station or an inspector under
Subchapter G, Chapter 548, Transportation Code, holds an inspection
station or inspector certificate issued under that subchapter, or
is the owner of an inspection station operating under that chapter;
(4) [(5)]  is an applicant for or holds a certificate of
registration issued by the department under Chapter 1956,
Occupations Code, to act as a metal recycling entity;
(5) [(6)]  is an applicant for or holds a license to
carry a handgun issued by the department under Subchapter H, or is
an applicant for or holds a certification as an instructor issued by
the department under this chapter;
(6) [(7)]  is an applicant for or holds a Capitol access
pass issued by the department under Section 411.0625; or
(7) [(8)]  is an applicant for or holds a license or
commission issued by the department under Chapter 1702, Occupations
SECTION 27.  Section 411.502, Government Code, is amended to
Sec. 411.502.  APPLICABILITY.  This subchapter applies to a
program, and persons regulated under the program, administered by
the department under the following laws, including rules adopted
(2)  [Chapter 487, Health and Safety Code;
[(3)]  Chapter 1702, Occupations Code;
(3) [(4)]  Chapter 1956, Occupations Code;
(4) [(5)]  Section 521.2476, Transportation Code; and
(5) [(6)]  Subchapter G, Chapter 548, Transportation
SECTION 28.  Sections 481.002(5), (6), (8), and (25), Health
and Safety Code, are amended to read as follows:
(5)  "Controlled substance" means a substance,
including a drug, an adulterant, and a dilutant, listed in
Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, [2-A,] 3, or
4.  The term includes the aggregate weight of any mixture,
solution, or other substance containing a controlled
substance.  The term does not include hemp, as defined by Section
121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.
(6)  "Controlled substance analogue" means:
(A)  a substance with a chemical structure
substantially similar to the chemical structure of a controlled
substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, or 2[, or
(B)  a substance specifically designed to produce
an effect substantially similar to, or greater than, the effect of a
controlled substance in Schedule I or II or Penalty Group 1, 1-A,
(8)  "Deliver" means to transfer, actually or
constructively, to another a controlled substance or [,]
counterfeit substance, [or drug paraphernalia,] regardless of
whether there is an agency relationship.  The term includes
offering to sell a controlled substance or [,] counterfeit
substance[, or drug paraphernalia].
(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 29.  Section 481.062, Health and Safety Code, is
Sec. 481.062.  EXEMPTIONS.  [(a)]  The following persons may
possess a controlled substance under this chapter without
registering with the Federal Drug Enforcement Administration:
(1)  an agent or employee of a manufacturer,
distributor, analyzer, or dispenser of the controlled substance who
is registered with the Federal Drug Enforcement Administration and
acting in the usual course of business or employment;
(2)  a common or contract carrier, a warehouseman, or
an employee of a carrier or warehouseman whose possession of the
controlled substance is in the usual course of business or
(3)  an ultimate user or a person in possession of the
controlled substance under a lawful order of a practitioner or in
lawful possession of the controlled substance if it is listed in
(4)  an officer or employee of this state, another
state, a political subdivision of this state or another state, or
the United States who is lawfully engaged in the enforcement of a
law relating to a controlled substance or drug or to a customs law
and authorized to possess the controlled substance in the discharge
of the person's official duties[;
[(5)  if the substance is tetrahydrocannabinol or one
[(A)  a Department of State Health Services
official, a medical school researcher, or a research program
participant possessing the substance as authorized under
[(B)  a practitioner or an ultimate user
possessing the substance as a participant in a federally approved
therapeutic research program that the commissioner has reviewed and
found, in writing, to contain a medically responsible research
[(6)  a dispensing organization licensed under Chapter
487 that possesses low-THC cannabis].
SECTION 30.  Section 481.103(a), Health and Safety Code, is
(a)  Penalty Group 2 consists of:
(1)  any quantity of the following hallucinogenic
substances, 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
5-(2-aminopropyl)benzofuran (5-APB);
6-(2-aminopropyl)benzofuran (6-APB);
5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
5-(2-aminopropyl)indole (5-IT,5-API);
6-(2-aminopropyl)indole (6-IT,6-API);
1-(benzofuran-5-yl)-N-methylpropan-2-amine (5-MAPB);
1-(benzofuran-6-yl)-N-methylpropan-2-amine (6-MAPB);
Benzothiophenylcyclohexylpiperidine (BTCP);
8-bromo-alpha-methyl-benzo[1,2-b:4,5-b']difuran-
4-ethanamine (trade or other name: Bromo-DragonFLY);
Desoxypipradrol (2-benzhydrylpiperidine);
2, 5-dimethoxyamphetamine (some trade or other names:  2,
5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
Diphenylprolinol (diphenyl(pyrrolidin-2-yl) methanol,
Dronabinol (synthetic) in sesame oil and encapsulated in a
soft gelatin capsule in a U.S. Food and Drug Administration
approved drug product (some trade or other names for Dronabinol:
(a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9-
trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9-
(trans)- tetrahydrocannabinol);
Ethylamine Analog of Phencyclidine (some trade or other
names:  N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (trade or
Ibogaine (some trade or other names:  7-Ethyl-6, 6, beta 7, 8,
9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1',
2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);
5-methoxy-3, 4-methylenedioxy amphetamine;
4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
4-methoxymethamphetamine (PMMA);
2-(2-methoxyphenyl)-2-(methylamino)cyclohexanone (some
trade and other names: 2-MeO-ketamine; methoxyketamine);
1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);
4-methyl-2, 5-dimethoxyamphetamine (some trade and other
names:  4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine;
3,4-methylenedioxy methamphetamine (MDMA, MDM);
3,4-methylenedioxy amphetamine;
3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl
5,6-methylenedioxy-2-aminoindane (MDAI);
Nabilone (Another name for nabilone:  (+)-trans-
3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6,
6-dimethyl-9H-dibenzo[b,d] pyran-9-one;
N-benzylpiperazine (some trade or other names:  BZP;
N-hydroxy-3,4-methylenedioxyamphetamine (Also known as
N-methyl-3-piperidyl benzilate;
Parahexyl (some trade or other names:  3-Hexyl-1- hydroxy-7,
8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran;
1-Piperidinocyclohexanecarbonitrile (PCC);
Pyrrolidine Analog of Phencyclidine (some trade or other
names:  1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
[Tetrahydrocannabinols, other than marihuana, and synthetic
equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, or synthetic substances,
derivatives, and their isomers with similar chemical structure and
pharmacological activity such as:
[delta-1 cis or trans tetrahydrocannabinol, and their
[delta-6 cis or trans tetrahydrocannabinol, and their
[delta-3, 4 cis or trans tetrahydrocannabinol, and its
[compounds of these structures, regardless of numerical
designation of atomic positions, since nomenclature of these
substances is not internationally standardized;]
Thiophene Analog of Phencyclidine (some trade or other names:
1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of
1-pyrrolidine (some trade or other name:  TCPy);
1-(3-trifluoromethylphenyl)piperazine (trade or other name:
(2)  Phenylacetone (some trade or other names:
Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl
(3)  unless specifically excepted or unless listed in
another Penalty Group, a material, compound, mixture, or
preparation that contains any quantity of the following substances
having a potential for abuse associated with a depressant or
stimulant effect on the central nervous system:
Aminorex (some trade or other names:  aminoxaphen;
2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-
Amphetamine, its salts, optical isomers, and salts of optical
Cathinone (some trade or other names:  2-amino-1-
phenyl-1-propanone, alpha-aminopropiophenone, 2-
Lisdexamfetamine, including its salts, isomers, and salts of
Methcathinone (some trade or other names:  2-
methylamino-propiophenone; alpha-(methylamino)propriophenone;
2-(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropriophenone; monomethylpropion; ephedrone, N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
N-Ethylamphetamine, its salts, optical isomers, and salts of
N,N-dimethylamphetamine (some trade or other names:
N,N,alpha-trimethylbenzeneethanamine;
N,N,alpha-trimethylphenethylamine), its salts, optical isomers,
(4)  any compound structurally derived from
2-aminopropanal by substitution at the 1-position with any
monocyclic or fused-polycyclic ring system, including:
(A)  compounds further modified by:
(i)  substitution in the ring system to any
extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or
halide substituents), whether or not further substituted in the
ring system by other substituents;
(ii)  substitution at the 3-position with an
(iii)  substitution at the 2-amino nitrogen
atom with alkyl, benzyl, dialkyl, or methoxybenzyl groups, or
inclusion of the 2-amino nitrogen atom in a cyclic structure; and
(B)  by example, compounds such as:
4-Methylmethcathinone (Also known as
3,4-Dimethylmethcathinone (Also known as
3-Fluoromethcathinone (Also known as 3-FMC);
4-Fluoromethcathinone (Also known as
3,4-Methylenedioxy-N-methylcathinone (Also
3,4-Methylenedioxypyrovalerone (Also known
alpha-Pyrrolidinopentiophenone (Also known
Naphthylpyrovalerone  (Also known as
alpha-Methylamino-valerophenone (Also known
beta-Keto-N-methylbenzodioxolylpropylamine
beta-Keto-N-methylbenzodioxolylpentanamine
beta-Keto-Ethylbenzodioxolylbutanamine
3,4-methylenedioxy-N-ethylcathinone (Also
(5)  any compound structurally derived from tryptamine
(3-(2-aminoethyl)indole) or a ring-hydroxy tryptamine:
(A)  by modification in any of the following ways:
(i)  by substitution at the amine nitrogen
atom of the sidechain to any extent with alkyl or alkenyl groups or
by inclusion of the amine nitrogen atom of the side chain (and no
other atoms of the side chain) in a cyclic structure;
(ii)  by substitution at the carbon atom
adjacent to the nitrogen atom of the side chain (alpha-position)
with an alkyl or alkenyl group;
(iii)  by substitution in the 6-membered
ring to any extent with alkyl, alkoxy, haloalkyl, thioaklyl,
alkylenedioxy, or halide substituents; or
(iv)  by substitution at the 2-position of
the tryptamine ring system with an alkyl substituent; and
(i)  ethers and esters of the controlled
substances listed in this subdivision; and
(ii)  by example, compounds such as:
Bufotenine (some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin;
5-hydroxy-N, N- dimethyltryptamine; mappine);
Diethyltryptamine (some trade and other
names: N, N-Diethyltryptamine, DET);
Dimethyltryptamine (trade or other name:
5-methoxy-N, N-diisopropyltryptamine
O-Acetylpsilocin (Trade or other name:
(6)  2,5-Dimethoxyphenethylamine and any compound
structurally derived from 2,5-Dimethoxyphenethylamine by
substitution at the 4-position of the phenyl ring to any extent
(including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide
substituents), including, by example, compounds such as:
4-Bromo-2,5-dimethoxyphenethylamine (trade or other name:
4-Chloro-2,5-dimethoxyphenethylamine (trade or other name:
2,5-Dimethoxy-4-methylphenethylamine (trade or other name:
4-Ethyl-2,5-dimethoxyphenethylamine (trade or other name:
4-Iodo-2,5-dimethoxyphenethylamine (trade or other name:
2,5-Dimethoxy-4-nitrophenethylamine (trade or other name:
2,5-Dimethoxy-4-(n)-propylphenethylamine (trade or other
4-Ethylthio-2,5-dimethoxyphenethylamine (trade or other
4-Isopropylthio-2,5-dimethoxyphenethylamine (trade or other
2,5-Dimethoxy-4-(n)-propylthiophenethylamine (trade or
(7)  2,5-Dimethoxyamphetamine and any compound
structurally derived from 2,5-Dimethoxyamphetamine by substitution
at the 4-position of the phenyl ring to any extent (including alkyl,
alkoxy, alkylenedioxy, haloalkyl, or halide substituents),
including, by example, compounds such as:
4-Ethylthio-2,5-dimethoxyamphetamine (trade or other name:
4-Isopropylthio-2,5-dimethoxyamphetamine (trade or other
4-Bromo-2,5-dimethoxyamphetamine (trade or other name: DOB);
4-Chloro-2,5-dimethoxyamphetamine (trade or other name:
2,5-Dimethoxy-4-ethylamphetamine (trade or other name:
4-Iodo-2,5-dimethoxyamphetamine (trade or other name: DOI);
2,5-Dimethoxy-4-methylamphetamine (trade or other name:
2,5-Dimethoxy-4-nitroamphetamine (trade or other name: DON);
4-Isopropyl-2,5-dimethoxyamphetamine (trade or other name:
2,5-Dimethoxy-4-(n)-propylamphetamine (trade or other name:
SECTION 31.  Section 481.106, Health and Safety Code, is
Sec. 481.106.  CLASSIFICATION OF CONTROLLED SUBSTANCE
ANALOGUE.  For the purposes of the prosecution of an offense under
this subchapter involving the manufacture, delivery, or possession
of a controlled substance, Penalty Groups 1, 1-A, 1-B, and 2[, and
2-A] include a controlled substance analogue that:
(1)  has a chemical structure substantially similar to
the chemical structure of a controlled substance listed in the
(2)  is specifically designed to produce an effect
substantially similar to, or greater than, a controlled substance
listed in the applicable penalty group.
SECTION 32.  The heading to Section 481.113, Health and
Safety Code, is amended to read as follows:
Sec. 481.113.  OFFENSE:  MANUFACTURE OR DELIVERY OF
SUBSTANCE IN PENALTY GROUP 2 [OR 2-A].
SECTION 33.  Section 481.113(a), Health and Safety Code, is
(a)  Except as authorized by this chapter, a person commits
an offense if the person knowingly manufactures, delivers, or
possesses with intent to deliver a controlled substance listed in
SECTION 34.  Section 481.115(h), Health and Safety Code, is
(h)  The defense to prosecution provided by Subsection (g) is
(1)  at the time the request for emergency medical
(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
(B)  the actor is committing another offense,
other than an offense punishable under Section 481.1151(b)(1),
481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 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 481.1151(c), 481.116(f), [481.1161(c),]
481.117(f), 481.118(f), 481.119(c), [481.121(c), 481.125(g),]
(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.
SECTION 35.  Section 481.1151(d), Health and Safety Code, is
(d)  The defense to prosecution provided by Subsection (c) is
(1)  at the time the request for emergency medical
(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
(B)  the actor is committing another offense,
other than an offense punishable under Section 481.115(b),
481.116(b), [481.1161(b)(1) or (2),] 481.117(b), or 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