Bill Text: TX HB2518 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the possession of two ounces or less of marihuana.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB2518 Detail]

Download: Texas-2019-HB2518-Comm_Sub.html
  86R25478 JSC-D
 
  By: Toth, Moody, Canales, Miller, Dutton, H.B. No. 2518
      et al.
 
  Substitute the following for H.B. No. 2518:
 
  By:  González of Dallas C.S.H.B. No. 2518
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the possession of two ounces or less of marihuana.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 14.01, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (a) or (b), a peace officer
  or any other person may not, without a warrant, arrest an offender
  for a misdemeanor punishable by fine only under Section
  481.121(b)(1), Health and Safety Code.
         SECTION 2.  Article 14.03, Code of Criminal Procedure, is
  amended by adding Subsection (h) to read as follows:
         (h)  Notwithstanding Subsection (a), (d), or (g), a peace
  officer may not, without a warrant, arrest a person who only commits
  an offense punishable by fine only under Section 481.121(b)(1),
  Health and Safety Code.
         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 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 5.  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; or
               (2)  on a school bus.
         SECTION 6.  Section 411.0728(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person:
               (1)  who is placed on community supervision under
  Chapter 42A, Code of Criminal Procedure, after conviction 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);
                     (C) [(D)]  Section 43.02, Penal Code; or
                     (D) [(E)]  Section 43.03(a)(2), Penal Code, if
  the offense is punishable as a Class A misdemeanor; and
               (2)  with respect to whom the conviction is
  subsequently set aside by the court under Article 42A.701, Code of
  Criminal Procedure.
         SECTION 7.  Section 521.372, Transportation Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  Notwithstanding Subsection (a), a person's license is
  not automatically suspended on conviction of an offense punishable
  by fine only under Section 481.121(b)(1), Health and Safety Code.
  Notwithstanding Subsection (b), the department is not prohibited
  from issuing a driver's license to a person convicted of an offense
  punishable by fine only under Section 481.121(b)(1), Health and
  Safety Code, who, on the date of the conviction, did not hold a
  driver's license.
         SECTION 8.  Articles 14.01(c) and 14.03(h), Code of Criminal
  Procedure, as added by this Act, apply only to an offense committed
  on or after the effective date of this Act. An offense committed
  before the effective date of this Act is governed by the law in
  effect on the date the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 9.  Sections 481.121 and 481.134, Health and Safety
  Code, as amended by this Act, apply to an offense committed under
  Section 481.121 or an offense committed under Section 481.121 and
  punishable under Section 481.134 before, on, or after September 1,
  2019, except that a final conviction for an offense that exists on
  September 1, 2019, is unaffected by this Act.
         SECTION 10.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2019.
         (b)  Section 521.372(d), Transportation Code, as added by
  this Act, takes effect on the 91st day after the date the office of
  the attorney general publishes in the Texas Register a finding
  that:
               (1)  the legislature of this state has adopted a
  resolution expressing the legislature's opposition to a law meeting
  the requirements of 23 U.S.C. Section 159 in suspending, revoking,
  or denying the driver's license of a person convicted of a drug
  offense for a period of six months;
               (2)  the governor of this state has submitted to the
  United States secretary of transportation:
                     (A)  a written certification of the governor's
  opposition to the enactment or enforcement of a law required under
  23 U.S.C. Section 159; and
                     (B)  a written certification that the legislature
  has adopted the resolution described by Subdivision (1) of this
  subsection; and
               (3)  the United States secretary of transportation has
  responded to the governor's submission and certified that highway
  funds will not be withheld from this state in response to any
  modification to or repeal of the law required under 23 U.S.C.
  Section 159.
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