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A BILL TO BE ENTITLED
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AN ACT
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relating to adding certain substances to Penalty Group 2 of the |
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Texas Controlled Substances Act for purposes of criminal |
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prosecutions involving those substances, increasing penalties for |
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the manufacture of, delivery of, or possession with the intent to |
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deliver certain controlled substances, and a pilot program for |
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field testing for controlled substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. FIELD TESTING PILOT PROGRAM |
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Sec. 411.451. PURPOSE. The field testing pilot program is |
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intended to examine the feasibility and desirability of equipping |
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peace officers with field testing kits that identify whether a |
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substance is a controlled substance prohibited under Chapter 481, |
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Health and Safety Code. |
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Sec. 411.452. PARTICIPATION. The department shall |
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designate at least five local law enforcement agencies in various |
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regions of the state to participate in the program and equip |
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officers in those agencies with field testing kits. |
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Sec. 411.453. ADMISSIBILITY. The result of a test from a |
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field testing kit is not admissible in any criminal, civil, or |
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administrative proceeding. |
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Sec. 411.454. REPORT. Not later than December 1, 2016, the |
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department shall submit to the governor, lieutenant governor, |
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speaker of the house of representatives, and standing committees of |
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the senate and house of representatives with jurisdiction over |
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criminal justice issues a report evaluating: |
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(1) the technical capabilities and accuracy of the |
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technology used in the pilot program; |
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(2) the potential impact on criminal justice in this |
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state if field testing were implemented statewide; |
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(3) any cost savings anticipated from the use of the |
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field testing kits; and |
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(4) the acceptance of field testing as evidence in the |
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courts of this state. |
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Sec. 411.455. EXPIRATION. This subchapter expires August |
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31, 2017. |
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SECTION 2. Section 481.103(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Penalty Group 2 consists of: |
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(1) any quantity of the following hallucinogenic |
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substances, their salts, isomers, and salts of isomers, unless |
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specifically excepted, if the existence of these salts, isomers, |
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and salts of isomers is possible within the specific chemical |
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designation: |
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alpha-ethyltryptamine; |
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alpha-methyltryptamine; |
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4-bromo-2, 5-dimethoxyamphetamine (some trade or |
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other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine; |
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4-bromo-2, 5-DMA); |
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4-bromo-2, 5-dimethoxyphenethylamine; |
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Bufotenine (some trade and other names: 3-(beta- |
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Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5- |
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indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- |
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dimethyltryptamine; mappine); |
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Diethyltryptamine (some trade and other |
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names: N, N-Diethyltryptamine, DET); |
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2, 5-dimethoxyamphetamine (some trade or other |
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names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); |
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2, 5-dimethoxy-4-ethylamphetamine (trade or other |
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name: DOET); |
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2, 5-dimethoxy-4-(n)-propylthiophenethylamine |
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(trade or other name: 2C-T-7); |
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Dimethyltryptamine (trade or other name: DMT); |
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Dronabinol (synthetic) in sesame oil and |
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encapsulated in a soft gelatin capsule in a U.S. Food and Drug |
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Administration approved drug product (some trade or other names for |
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Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- |
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trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- |
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(trans)- tetrahydrocannabinol); |
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Ethylamine Analog of Phencyclidine (some trade or |
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other names: N-ethyl-1-phenylcyclohexylamine, (1- |
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phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, |
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cyclohexamine, PCE); |
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Ibogaine (some trade or other names: 7-Ethyl-6, |
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6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- |
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pyrido [1', 2':1, 2] azepino [5, 4-b] indole; tabernanthe iboga.); |
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Mescaline; |
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5-methoxy-N, N-diisopropyltryptamine; |
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5-methoxy-3, 4-methylenedioxy amphetamine; |
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4-methoxyamphetamine (some trade or other |
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names: 4-methoxy-alpha-methylphenethylamine; |
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paramethoxyamphetamine; PMA); |
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methyl 2-(1-(cyclohexylmethyl)-1H-indole-3- |
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carboxamido)-3,3-dimethylbutanoate; |
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1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, |
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PPMP); |
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4-methyl-2, 5-dimethoxyamphetamine (some trade |
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and other names: 4-methyl-2, 5-dimethoxy-alpha- |
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methylphenethylamine; "DOM"; "STP"); |
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3,4-methylenedioxy methamphetamine (MDMA, MDM); |
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3,4-methylenedioxy amphetamine; |
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3,4-methylenedioxy N-ethylamphetamine (Also |
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known as N-ethyl MDA); |
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Nabilone (Another name for nabilone: (+)-trans- |
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3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, |
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6-dimethyl-9H-dibenzo[b,d] pyran-9-one; |
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N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5- |
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fluoropentyl)-1H-indole-3-carboxamide; |
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N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5- |
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fluoropentyl)-1H-indazole-3-carboxamide; |
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N-benzylpiperazine (some trade or other |
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names: BZP; 1-benzylpiperazine); |
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N-ethyl-3-piperidyl benzilate; |
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N-hydroxy-3,4-methylenedioxyamphetamine (Also |
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known as N-hydroxy MDA); |
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4-methylaminorex; |
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N-methyl-3-piperidyl benzilate; |
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Parahexyl (some trade or other names: 3-Hexyl-1- |
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hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] |
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pyran; Synhexyl); |
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1-Phenylcyclohexylamine; |
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1-Piperidinocyclohexanecarbonitrile (PCC); |
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Psilocin; |
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Psilocybin; |
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Pyrrolidine Analog of Phencyclidine (some trade |
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or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP); |
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Tetrahydrocannabinols, other than marihuana, and |
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synthetic equivalents of the substances contained in the plant, or |
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in the resinous extractives of Cannabis, or synthetic substances, |
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derivatives, and their isomers with similar chemical structure and |
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pharmacological activity such as: |
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delta-1 cis or trans tetrahydrocannabinol, |
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and their optical isomers; |
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delta-6 cis or trans tetrahydrocannabinol, |
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and their optical isomers; |
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delta-3, 4 cis or trans |
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tetrahydrocannabinol, and its optical isomers; |
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compounds of these structures, regardless of |
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numerical designation of atomic positions, since nomenclature of |
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these substances is not internationally standardized; |
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Thiophene Analog of Phencyclidine (some trade or |
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other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl |
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Analog of Phencyclidine; TPCP, TCP); |
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1-pyrrolidine (some trade or other name: TCPy); |
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1-(3-trifluoromethylphenyl)piperazine (trade or |
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other name: TFMPP); and |
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3,4,5-trimethoxy amphetamine; |
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(2) Phenylacetone (some trade or other |
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names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl |
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ketone); |
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(3) unless specifically excepted or unless listed in |
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another Penalty Group, a material, compound, mixture, or |
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preparation that contains any quantity of the following substances |
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having a potential for abuse associated with a depressant or |
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stimulant effect on the central nervous system: |
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Aminorex (some trade or other |
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names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- |
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phenyl-2-oxazolamine); |
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Amphetamine, its salts, optical isomers, and |
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salts of optical isomers; |
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Cathinone (some trade or other names: 2-amino-1- |
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phenyl-1-propanone, alpha-aminopropiophenone, 2- |
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aminopropiophenone); |
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Etorphine Hydrochloride; |
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Fenethylline and its salts; |
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Lisdexamfetamine, including its salts, isomers, |
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and salts of isomers; |
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Mecloqualone and its salts; |
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Methaqualone and its salts; |
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Methcathinone (some trade or other names: 2- |
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methylamino-propiophenone; alpha-(methylamino)propriophenone; |
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2-(methylamino)-1-phenylpropan-1-one; alpha-N- |
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methylaminopropriophenone; monomethylpropion; ephedrone, N- |
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methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR |
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1431); |
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N-Ethylamphetamine, its salts, optical isomers, |
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and salts of optical isomers; and |
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N,N-dimethylamphetamine (some trade or other |
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names: N,N,alpha-trimethylbenzeneethaneamine; |
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N,N,alpha-trimethylphenethylamine), its salts, optical isomers, |
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and salts of optical isomers; and |
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(4) any compound structurally derived from |
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2-aminopropanal by substitution at the 1-position with any |
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monocyclic or fused-polycyclic ring system, including: |
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(A) compounds further modified by: |
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(i) substitution in the ring system to any |
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extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or |
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halide substituents), whether or not further substituted in the |
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ring system by other substituents; |
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(ii) substitution at the 3-position with an |
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alkyl substituent; or |
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(iii) substitution at the 2-amino nitrogen |
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atom with alkyl or dialkyl groups, or inclusion of the 2-amino |
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nitrogen atom in a cyclic structure; and |
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(B) by example, compounds such as: |
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4-Methylmethcathinone (Also known as |
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Mephedrone); |
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3,4-Dimethylmethcathinone (Also known as |
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3,4-DMMC); |
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3-Fluoromethcathinone (Also known as 3-FMC); |
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4-Fluoromethcathinone (Also known as |
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Flephedrone); |
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3,4-Methylenedioxy-N-methylcathinone (Also |
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known as Methylone); |
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3,4-Methylenedioxypyrovalerone (Also known |
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as MDPV); |
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alpha-Pyrrolidinopentiophenone (Also known |
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as alpha-PVP); |
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Naphthylpyrovalerone (Also known as |
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Naphyrone); |
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beta-Keto-N-methylbenzodioxolylpropylamine |
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(Also known as Butylone); |
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beta-Keto-N-methylbenzodioxolylpentanamine |
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(Also known as Pentylone); |
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beta-Keto-Ethylbenzodioxolylbutanamine |
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(Also known as Eutylone); and |
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3,4-methylenedioxy-N-ethylcathinone (Also |
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known as Ethylone). |
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SECTION 3. Section 481.119(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly |
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manufactures, delivers, or possesses with intent to deliver a |
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controlled substance listed in a schedule by an action of the |
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commissioner under this chapter but not listed in a penalty group. |
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An offense under this subsection is a state jail felony [Class A
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misdemeanor]. |
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SECTION 4. Sections 481.134(d) and (e), Health and Safety |
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Code, are amended to read as follows: |
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(d) An offense otherwise punishable under Section |
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481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), |
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481.1161(b)(3), 481.119(a), 481.120(b)(3), or 481.121(b)(3) is a |
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felony of the third degree if it is shown on the trial of the offense |
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that the offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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(e) An offense otherwise punishable under Section |
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481.117(b), [481.119(a),] 481.120(b)(2), or 481.121(b)(2) is a |
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state jail felony if it is shown on the trial of the offense that the |
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offense was committed: |
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(1) in, on, or within 1,000 feet of any real property |
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that is owned, rented, or leased to a school or school board, the |
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premises of a public or private youth center, or a playground; or |
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(2) on a school bus. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2015. |