84R1621 JSC-D
	By: Thompson of Harris	H.B. No. 254

	A BILL TO BE ENTITLED
	AN ACT
	relating to the penalty for certain offenders for possession of a
	small amount of certain controlled substances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 481.115(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
	[state jail felony] if the amount of the controlled substance
	possessed is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	SECTION 2.  Section 481.1151(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under this section is:
	(1)  a Class A misdemeanor [state jail felony] if the
	number of abuse units of the controlled substance is fewer than 20;
	(2)  a felony of the third degree if the number of abuse
	units of the controlled substance is 20 or more but fewer than 80;
	(3)  a felony of the second degree if the number of
	abuse units of the controlled substance is 80 or more but fewer than
	4,000;
	(4)  a felony of the first degree if the number of abuse
	units of the controlled substance is 4,000 or more but fewer than
	8,000; and
	(5)  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 15 years and a fine not to exceed $250,000, if the
	number of abuse units of the controlled substance is 8,000 or more.
	SECTION 3.  Section 481.116(b), Health and Safety Code, is
	amended to read as follows:
	(b)  An offense under Subsection (a) is a Class A misdemeanor
	[state jail felony] if the amount of the controlled substance
	possessed is, by aggregate weight, including adulterants or
	dilutants, less than one gram.
	SECTION 4.  Section 481.134(d), Health and Safety Code, is
	amended to read as follows:
	(d)  An offense otherwise punishable under Section
	481.112(b), 481.113(b), 481.114(b), [481.115(b), 481.116(b),]
	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.
	SECTION 5.  Section 11, Article 42.12, Code of Criminal
	Procedure, is amended by adding Subsection (n) to read as follows:
	(n)  A judge who grants community supervision to a person
	convicted of a Class A misdemeanor under Section 481.115(b),
	481.1151(b)(1), 481.116(b), or 481.1161(b)(2), Health and Safety
	Code, may require, as a condition of community supervision, that
	the person successfully complete an educational program on
	substance abuse awareness approved by the Department of State
	Health Services.
	SECTION 6.  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;
	[(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
	(B) [(C)]  under Section 481.121(b)(3), Health
	and Safety Code, possessed more than one pound of marihuana.
	SECTION 7.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense was
	committed before that date.
	SECTION 8.  This Act takes effect September 1, 2015.