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  H.B. No. 946
 
 
 
 
AN ACT
  relating to certain conduct involving controlled substances that
  endangers or is otherwise committed in the presence of or in
  proximity to a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.1122 to read as follows:
         Sec. 481.1122.  MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1:
  PRESENCE OF CHILD. If it is shown at the punishment phase of a trial
  for the manufacture of a controlled substance listed in Penalty
  Group 1 that when the offense was committed a child younger than 18
  years of age was present on the premises where the offense was
  committed:
               (1)  the punishments specified by Sections 481.112(b)
  and (c) are increased by one degree;
               (2)  the minimum term of imprisonment specified by
  Section 481.112(e) is increased to 15 years and the maximum fine
  specified by that section is increased to $150,000; and
               (3)  the minimum term of imprisonment specified by
  Section 481.112(f) is increased to 20 years and the maximum fine
  specified by that section is increased to $300,000.
         SECTION 2.  Section 22.041(c-1), Penal Code, is amended to
  read as follows:
         (c-1)  For purposes of Subsection (c), it is presumed that a
  person engaged in conduct that places a child in imminent danger of
  death, bodily injury, or physical or mental impairment if:
               (1)  the person manufactured, possessed, or in any way
  introduced into the body of any person the controlled substance
  methamphetamine in the presence of the child;
               (2)  the person's conduct related to the proximity or
  accessibility of the controlled substance methamphetamine to the
  child and an analysis of a specimen of the child's blood, urine, or
  other bodily substance indicates the presence of methamphetamine in
  the child's body; or
               (3)  the person injected, ingested, inhaled, or
  otherwise introduced a controlled substance listed in Penalty Group
  1, Section 481.102, Health and Safety Code, into the human body when
  the person was not in lawful possession of the substance as defined
  by Section 481.002(24) of that code.
         SECTION 3.  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 when 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 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 946 was passed by the House on April
  26, 2007, by the following vote:  Yeas 139, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 946 on May 25, 2007, by the following vote:  Yeas 139, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 946 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor