87R20631 JSC-D
 
  By: White, Hunter, et al. H.B. No. 3772
 
  Substitute the following for H.B. No. 3772:
 
  By:  Bell of Kaufman C.S.H.B. No. 3772
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal consequences of certain criminal offenses
  involving the possession of marihuana or possession of drug
  paraphernalia; imposing a fee; authorizing a fine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.002(26), Health and Safety Code, is
  amended to read as follows:
               (26)  "Marihuana" means any part of a [the] plant of the
  genus Cannabis [sativa L.], whether growing or not, containing
  delta-9 tetrahydrocannabinol and:
                     (A)  includes:
                           (i)  the seeds of that plant; and
                           (ii)  processed forms of that plant,
  including the resin extracted from the plant and compounds,
  manufactures, salts, derivatives, decarboxylates, mixtures, or
  preparations of the plant; [,] and
                     (B)  [every compound, manufacture, salt,
  derivative, mixture, or preparation of that plant or its seeds.  The
  term] does not include:
                           (i)  any material excluded from the federal
  Controlled Substances Act definition of marihuana under 21 U.S.C.
  Section 802(16)(B);
                           (ii) [(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;
                     [(E)  the sterilized seeds of the plant that are
  incapable of beginning germination; or
                     [(F)]  hemp, as that term is defined by Section
  121.001, Agriculture Code;
                           (iii)  a nonconsumable hemp product, as that
  term is defined by Section 122.001, Agriculture Code; or
                           (iv)  a consumable hemp product, as that
  term is defined by Section 443.001.
         SECTION 2.  Section 481.103, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  Penalty Group 2 does not include any material excluded
  from the definition of marihuana under Section 481.002(26)(B).
         SECTION 3.  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 misdemeanor if the amount of marihuana
  possessed is one ounce or less;
               (1-a)  a Class B misdemeanor if the amount of marihuana
  possessed is two ounces or less but more than one ounce;
               (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 4.  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), 481.120(b)(1), or 481.121(b)(1-a)
  [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 5.  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-a) [(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 6.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.02161 to read as
  follows:
         Art. 45.02161.  EXPUNCTION OF CERTAIN RECORDS. (a)  This
  article applies only to a person charged with an offense under
  Section 481.121(b)(1) or 481.125(a), Health and Safety Code.
         (b)  Records of a person relating to a complaint may be
  expunged under this article if:
               (1)  the complaint was dismissed under Article 45.051
  or 45.052 or other law and:
                     (A)  at least 180 days have elapsed from the date
  of the dismissal; or
                     (B)  at least one year has elapsed from the date of
  the citation; or
               (2)  the person was acquitted of the offense.
         (c)  The person must make a written request to have the
  records expunged.  The request must be under oath.
         (d)  The court shall order all complaints, verdicts,
  sentences, and prosecutorial and law enforcement records and any
  other documents relating to the offense expunged from the person's
  record if the court finds that the person satisfies the
  requirements of this article.
         (e)  The justice or municipal court shall require a person
  who requests expungement under this article to pay a fee in the
  amount of $30 to defray the cost of notifying state agencies of
  orders of expungement under this article.
         (f)  The procedures for expunction provided under this
  article are separate and distinct from the expunction procedures
  under Chapter 55.
         SECTION 7.  Article 45.051, Code of Criminal Procedure, is
  amended by adding Subsection (a-2) to read as follows:
         (a-2)  Unless the defendant has previously received a
  deferral of disposition for an offense under Section 481.121(b)(1)
  or 481.125(a), Health and Safety Code, committed within the
  12-month period preceding the date of the commission of the instant
  offense, on plea of guilty or nolo contendere for either offense,
  the judge shall defer further proceedings without entering an
  adjudication of guilt and place the defendant on probation under
  the provisions of this article.
         SECTION 8.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.0179 to read as
  follows:
         Art. 102.0179.  FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED
  SUBSTANCES ACT CONVICTIONS: MOBILITY FUND.  (a)  In addition to any
  other fees and fines imposed under this subchapter, a defendant
  convicted of an offense described by Section 521.372(a),
  Transportation Code, punishable by fine only shall pay a fine of
  $100.
         (b)  The court shall waive imposition of a fine under this
  article if the defendant's driver's license is suspended under
  Chapter 521, Transportation Code, as a result of the conviction of
  another offense arising from the same criminal episode.
         (c)  The court shall collect the fine under this article in
  the same manner as court costs are collected in the case.
         (d)  A fine collected under this article shall be deposited
  to the credit of the Texas mobility fund.
         SECTION 9.  Section 411.0728(a), Government Code, is amended
  to read as follows:
         (a)  This section applies only to a person:
               (1)  who is convicted of or placed on deferred
  adjudication community supervision for an offense under:
                     (A)  Section 481.120, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1);
                     (B)  Section 481.121, Health and Safety Code, if
  the offense is punishable under Subsection (b)(1-a) [(b)(1)];
                     (C)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(1) or (2); or
                     (D)  Section 43.02, Penal Code; and
               (2)  who, if requested by the applicable law
  enforcement agency or prosecuting attorney to provide assistance in
  the investigation or prosecution of an offense under Section
  20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
  containing elements that are substantially similar to the elements
  of an offense under any of those sections:
                     (A)  provided assistance in the investigation or
  prosecution of the offense; or
                     (B)  did not provide assistance in the
  investigation or prosecution of the offense due to the person's age
  or a physical or mental disability resulting from being a victim of
  an offense described by this subdivision.
         SECTION 10.  Section 521.372, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  This section does not apply to a drug offense punishable
  by fine only under the laws of this state.
         SECTION 11.  The changes in law made 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 was
  committed before that date.
         SECTION 12.  (a)  Except as otherwise provided by this
  section, this Act takes effect September 1, 2021.
         (b)  Article 102.0179, Code of Criminal Procedure, and
  Section 521.372(d), Transportation Code, as added by this Act, take
  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 punishable by fine only 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 as that law relates to offenses punishable by
  fine only; 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 the
  partial repeal of the law required under 23 U.S.C. Section 159.