|  | 
         
            |  | 
         
            |  | 
         
            |  | AN ACT | 
         
            |  | relating to the designation of fentanyl poisoning or fentanyl | 
         
            |  | toxicity for purposes of the death certificate and to the criminal | 
         
            |  | penalties for certain controlled substance offenses; increasing a | 
         
            |  | criminal penalty. | 
         
            |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
            |  | SECTION 1.  Section 193.005, Health and Safety Code, is | 
         
            |  | amended by adding Subsection (e-1) to read as follows: | 
         
            |  | (e-1)  The medical certification on a death certificate must | 
         
            |  | include either the term "Fentanyl Poisoning" or the term "Fentanyl | 
         
            |  | Toxicity" if: | 
         
            |  | (1)  a toxicology examination reveals a controlled | 
         
            |  | substance listed in Penalty Group 1-B present in the body of the | 
         
            |  | decedent in an amount or concentration that is considered to be | 
         
            |  | lethal by generally accepted scientific standards; and | 
         
            |  | (2)  the results of an autopsy performed on the | 
         
            |  | decedent are consistent with an opioid overdose as the cause of | 
         
            |  | death. | 
         
            |  | SECTION 2.  Section 481.102, Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | Sec. 481.102.  PENALTY GROUP 1.  Penalty Group 1 consists | 
         
            |  | of: | 
         
            |  | (1)  the following opiates, including their isomers, | 
         
            |  | esters, ethers, salts, and salts of isomers, esters, and ethers, | 
         
            |  | unless specifically excepted, if the existence of these isomers, | 
         
            |  | esters, ethers, and salts is possible within the specific chemical | 
         
            |  | designation: | 
         
            |  | [ Alfentanil;] | 
         
            |  | Allylprodine; | 
         
            |  | Alphacetylmethadol; | 
         
            |  | Benzethidine; | 
         
            |  | Betaprodine; | 
         
            |  | Clonitazene; | 
         
            |  | Diampromide; | 
         
            |  | Diethylthiambutene; | 
         
            |  | Difenoxin not listed in Penalty Group 3 or 4; | 
         
            |  | Dimenoxadol; | 
         
            |  | Dimethylthiambutene; | 
         
            |  | Dioxaphetyl butyrate; | 
         
            |  | Dipipanone; | 
         
            |  | Ethylmethylthiambutene; | 
         
            |  | Etonitazene; | 
         
            |  | Etoxeridine; | 
         
            |  | Furethidine; | 
         
            |  | Hydroxypethidine; | 
         
            |  | Ketobemidone; | 
         
            |  | Levophenacylmorphan; | 
         
            |  | Meprodine; | 
         
            |  | Methadol; | 
         
            |  | Moramide; | 
         
            |  | Morpheridine; | 
         
            |  | Noracymethadol; | 
         
            |  | Norlevorphanol; | 
         
            |  | Normethadone; | 
         
            |  | Norpipanone; | 
         
            |  | Phenadoxone; | 
         
            |  | Phenampromide; | 
         
            |  | Phenomorphan; | 
         
            |  | Phenoperidine; | 
         
            |  | Piritramide; | 
         
            |  | Proheptazine; | 
         
            |  | Properidine; | 
         
            |  | Propiram; | 
         
            |  | [ Sufentanil;] | 
         
            |  | Tilidine; and | 
         
            |  | Trimeperidine; | 
         
            |  | (2)  the following opium derivatives, their salts, | 
         
            |  | isomers, and salts of isomers, unless specifically excepted, if the | 
         
            |  | existence of these salts, isomers, and salts of isomers is possible | 
         
            |  | within the specific chemical designation: | 
         
            |  | Acetorphine; | 
         
            |  | Acetyldihydrocodeine; | 
         
            |  | Benzylmorphine; | 
         
            |  | Codeine methylbromide; | 
         
            |  | Codeine-N-Oxide; | 
         
            |  | Cyprenorphine; | 
         
            |  | Desomorphine; | 
         
            |  | Dihydromorphine; | 
         
            |  | Drotebanol; | 
         
            |  | Etorphine, except hydrochloride salt; | 
         
            |  | Heroin; | 
         
            |  | Hydromorphinol; | 
         
            |  | Methyldesorphine; | 
         
            |  | Methyldihydromorphine; | 
         
            |  | Monoacetylmorphine; | 
         
            |  | Morphine methylbromide; | 
         
            |  | Morphine methylsulfonate; | 
         
            |  | Morphine-N-Oxide; | 
         
            |  | Myrophine; | 
         
            |  | Nicocodeine; | 
         
            |  | Nicomorphine; | 
         
            |  | Normorphine; | 
         
            |  | Pholcodine; and | 
         
            |  | Thebacon; | 
         
            |  | (3)  the following substances, however produced, | 
         
            |  | except those narcotic drugs listed in another group: | 
         
            |  | (A)  Opium and opiate not listed in Penalty Group | 
         
            |  | 3 or 4, and a salt, compound, derivative, or preparation of opium or | 
         
            |  | opiate, other than thebaine derived butorphanol, nalmefene and its | 
         
            |  | salts, naloxone and its salts, and naltrexone and its salts, but | 
         
            |  | including: | 
         
            |  | Codeine not listed in Penalty Group 3 or 4; | 
         
            |  | Dihydroetorphine; | 
         
            |  | Ethylmorphine not listed in Penalty Group 3 | 
         
            |  | or 4; | 
         
            |  | Granulated opium; | 
         
            |  | Hydrocodone not listed in Penalty Group 3; | 
         
            |  | Hydromorphone; | 
         
            |  | Metopon; | 
         
            |  | Morphine not listed in Penalty Group 3; | 
         
            |  | Opium extracts; | 
         
            |  | Opium fluid extracts; | 
         
            |  | Oripavine; | 
         
            |  | Oxycodone; | 
         
            |  | Oxymorphone; | 
         
            |  | Powdered opium; | 
         
            |  | Raw opium; | 
         
            |  | Thebaine; and | 
         
            |  | Tincture of opium; | 
         
            |  | (B)  a salt, compound, isomer, derivative, or | 
         
            |  | preparation of a substance that is chemically equivalent or | 
         
            |  | identical to a substance described by Paragraph (A), other than the | 
         
            |  | isoquinoline alkaloids of opium; | 
         
            |  | (C)  Opium poppy and poppy straw; | 
         
            |  | (D)  Cocaine, including: | 
         
            |  | (i)  its salts, its optical, position, and | 
         
            |  | geometric isomers, and the salts of those isomers; | 
         
            |  | (ii)  coca leaves and a salt, compound, | 
         
            |  | derivative, or preparation of coca leaves; and | 
         
            |  | (iii)  a salt, compound, derivative, or | 
         
            |  | preparation of a salt, compound, or derivative that is chemically | 
         
            |  | equivalent or identical to a substance described by Subparagraph | 
         
            |  | (i) or (ii), other than decocainized coca leaves or extractions of | 
         
            |  | coca leaves that do not contain cocaine or ecgonine; and | 
         
            |  | (E)  concentrate of poppy straw, meaning the crude | 
         
            |  | extract of poppy straw in liquid, solid, or powder form that | 
         
            |  | contains the phenanthrine alkaloids of the opium poppy; | 
         
            |  | (4)  the following opiates, including their isomers, | 
         
            |  | esters, ethers, salts, and salts of isomers, if the existence of | 
         
            |  | these isomers, esters, ethers, and salts is possible within the | 
         
            |  | specific chemical designation: | 
         
            |  | [ Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-  | 
         
            |  | phenethyl)-4-piperidinyl]-N-phenylacetamide); | 
         
            |  | [ Alpha-methylthiofentanyl (N-[1-methyl-2-(2-  | 
         
            |  | thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);] | 
         
            |  | Alphaprodine; | 
         
            |  | Anileridine; | 
         
            |  | [ Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-  | 
         
            |  | phenethyl)-4-piperidinyl] -N-phenylpropanamide); | 
         
            |  | [ Beta-hydroxy-3-methylfentanyl;] | 
         
            |  | Bezitramide; | 
         
            |  | [ Carfentanil;] | 
         
            |  | Dihydrocodeine not listed in Penalty Group 3 or 4; | 
         
            |  | Diphenoxylate not listed in Penalty Group 3 or 4; | 
         
            |  | Isomethadone; | 
         
            |  | Levomethorphan; | 
         
            |  | Levorphanol; | 
         
            |  | Metazocine; | 
         
            |  | Methadone; | 
         
            |  | Methadone-Intermediate, 4-cyano-2-dimethylamino- | 
         
            |  | 4, 4-diphenyl butane; | 
         
            |  | [ 3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-  | 
         
            |  | 4-piperidyl]-N-phenylpropanamide); | 
         
            |  | [ 3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)  | 
         
            |  | ethyl-4-piperidinyl]-N-phenylpropanamide);] | 
         
            |  | Moramide-Intermediate, 2-methyl-3-morpholino-1, | 
         
            |  | 1-diphenyl-propane-carboxylic acid; | 
         
            |  | [ Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-  | 
         
            |  | phenylethyl)-4-piperidinylpropanamide);] | 
         
            |  | PEPAP (1-(2-phenethyl)-4-phenyl-4- | 
         
            |  | acetoxypiperidine); | 
         
            |  | Pethidine (Meperidine); | 
         
            |  | Pethidine-Intermediate-A, 4-cyano-1-methyl-4- | 
         
            |  | phenylpiperidine; | 
         
            |  | Pethidine-Intermediate-B, ethyl-4- | 
         
            |  | phenylpiperidine-4 carboxylate; | 
         
            |  | Pethidine-Intermediate-C, 1-methyl-4- | 
         
            |  | phenylpiperidine-4-carboxylic acid; | 
         
            |  | Phenazocine; | 
         
            |  | Piminodine; | 
         
            |  | Racemethorphan; and | 
         
            |  | Racemorphan; | 
         
            |  | [ Remifentanil; and | 
         
            |  | [ Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-  | 
         
            |  | piperidinyl]-propanamide);] | 
         
            |  | (5)  Flunitrazepam (trade or other name: Rohypnol); | 
         
            |  | (6)  Methamphetamine, including its salts, optical | 
         
            |  | isomers, and salts of optical isomers; | 
         
            |  | (7)  Phenylacetone and methylamine, if possessed | 
         
            |  | together with intent to manufacture methamphetamine; | 
         
            |  | (8)  Phencyclidine, including its salts; | 
         
            |  | (9)  Gamma hydroxybutyric acid (some trade or other | 
         
            |  | names: gamma hydroxybutyrate, GHB), including its salts; | 
         
            |  | (10)  Ketamine; | 
         
            |  | (11)  Phenazepam; | 
         
            |  | (12)  U-47700; | 
         
            |  | (13)  AH-7921; | 
         
            |  | (14)  ADB-FUBINACA; | 
         
            |  | (15)  AMB-FUBINACA; and | 
         
            |  | (16)  MDMB-CHMICA. | 
         
            |  | SECTION 3.  Section 481.1022, Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | Sec. 481.1022.  PENALTY GROUP 1-B.  Penalty Group 1-B | 
         
            |  | consists of the following opiates, including their isomers, esters, | 
         
            |  | ethers, salts, and salts of isomers, esters, and ethers, if the | 
         
            |  | existence of these isomers, esters, ethers, and salts is possible | 
         
            |  | within the specific chemical designation: | 
         
            |  | Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- | 
         
            |  | phenethyl)-4-piperidinyl]-N-phenylacetamide); | 
         
            |  | Alfentanil; | 
         
            |  | Alpha-methylthiofentanyl (N-[1-methyl-2-(2- | 
         
            |  | thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); | 
         
            |  | Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- | 
         
            |  | phenethyl)-4-piperidinyl] -N-phenylpropanamide); | 
         
            |  | Beta-hydroxy-3-methylfentanyl; | 
         
            |  | Carfentanil; | 
         
            |  | Fentanyl [ fentanyl], alpha-methylfentanyl, and | 
         
            |  | any other derivative of fentanyl; | 
         
            |  | 3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- | 
         
            |  | 4-piperidyl]-N-phenylpropanamide); | 
         
            |  | 3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) | 
         
            |  | ethyl-4-piperidinyl]-N-phenylpropanamide); | 
         
            |  | Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- | 
         
            |  | phenylethyl)-4-piperidinylpropanamide); | 
         
            |  | Remifentanil; | 
         
            |  | Sufentanil; and | 
         
            |  | Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4- | 
         
            |  | piperidinyl]-propanamide). | 
         
            |  | SECTION 4.  Sections 481.112(e) and (f), Health and Safety | 
         
            |  | Code, are amended to read as follows: | 
         
            |  | (e)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 10 years, and a fine not to exceed $100,000, if the amount | 
         
            |  | of the controlled substance to which the offense applies is, by | 
         
            |  | aggregate weight, including adulterants or dilutants, 200 grams or | 
         
            |  | more but less than 400 grams. | 
         
            |  | (f)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 amount | 
         
            |  | of the controlled substance to which the offense applies is, by | 
         
            |  | aggregate weight, including adulterants or dilutants, 400 grams or | 
         
            |  | more. | 
         
            |  | SECTION 5.  Section 481.1121(b), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (b)  An offense under this section is: | 
         
            |  | (1)  a state jail felony if the number of abuse units of | 
         
            |  | the controlled substance is fewer than 20; | 
         
            |  | (2)  a felony of the second degree if the number of | 
         
            |  | abuse units of the controlled substance is 20 or more but fewer than | 
         
            |  | 80; | 
         
            |  | (3)  a felony of the first degree if the number of abuse | 
         
            |  | units of the controlled substance is 80 or more but fewer than | 
         
            |  | 4,000; and | 
         
            |  | (4)  a felony of the first degree 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 4,000 or more. | 
         
            |  | SECTION 6.  Sections 481.1123(b), (d), (e), and (f), Health | 
         
            |  | and Safety Code, are amended to read as follows: | 
         
            |  | (b)  An offense under Subsection (a) is a [ state jail] felony | 
         
            |  | of the third degree if the amount of the controlled substance to | 
         
            |  | which the offense applies is, by aggregate weight, including | 
         
            |  | adulterants or dilutants, less than one gram. | 
         
            |  | (d)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 10 years, and a fine not to exceed $20,000, if the amount | 
         
            |  | of the controlled substance to which the offense applies is, by | 
         
            |  | aggregate weight, including adulterants or dilutants, four grams or | 
         
            |  | more but less than 200 grams. | 
         
            |  | (e)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 $200,000, if the amount | 
         
            |  | of the controlled substance to which the offense applies is, by | 
         
            |  | aggregate weight, including adulterants or dilutants, 200 grams or | 
         
            |  | more but less than 400 grams. | 
         
            |  | (f)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 20 years, and a fine not to exceed $500,000, if the amount | 
         
            |  | of the controlled substance to which the offense applies is, by | 
         
            |  | aggregate weight, including adulterants or dilutants, 400 grams or | 
         
            |  | more. | 
         
            |  | SECTION 7.  Section 481.113(e), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (e)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 10 years, and a fine not to exceed $100,000, if the amount | 
         
            |  | of the controlled substance to which the offense applies is, by | 
         
            |  | aggregate weight, including adulterants or dilutants, 400 grams or | 
         
            |  | more. | 
         
            |  | SECTION 8.  Section 481.114(e), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (e)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 10 years, and a fine not to exceed $100,000, if the amount | 
         
            |  | of the controlled substance to which the offense applies is, by | 
         
            |  | aggregate weight, including any adulterants or dilutants, 400 grams | 
         
            |  | or more. | 
         
            |  | SECTION 9.  Section 481.115(f), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (f)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 10 years, and a fine not to exceed $100,000, if the amount | 
         
            |  | of the controlled substance possessed is, by aggregate weight, | 
         
            |  | including adulterants or dilutants, 400 grams or more. | 
         
            |  | SECTION 10.  Section 481.1151(b), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (b)  An offense under this section is: | 
         
            |  | (1)  a 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)  a felony of the first degree 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 11.  Section 481.116(e), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (e)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 five years, and a fine not to exceed $50,000, if the | 
         
            |  | amount of the controlled substance possessed is, by aggregate | 
         
            |  | weight, including adulterants or dilutants, 400 grams or more. | 
         
            |  | SECTION 12.  Section 481.1161(b), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (b)  An offense under this section is: | 
         
            |  | (1)  a Class B misdemeanor if the amount of the | 
         
            |  | controlled substance possessed is, by aggregate weight, including | 
         
            |  | adulterants or dilutants, two ounces or less; | 
         
            |  | (2)  a Class A misdemeanor if the amount of the | 
         
            |  | controlled substance possessed is, by aggregate weight, including | 
         
            |  | adulterants or dilutants, four ounces or less but more than two | 
         
            |  | ounces; | 
         
            |  | (3)  a state jail felony if the amount of the controlled | 
         
            |  | substance possessed is, by aggregate weight, including adulterants | 
         
            |  | or dilutants, five pounds or less but more than four ounces; | 
         
            |  | (4)  a felony of the third degree if the amount of the | 
         
            |  | controlled substance possessed is, by aggregate weight, including | 
         
            |  | adulterants or dilutants, 50 pounds or less but more than 5 pounds; | 
         
            |  | (5)  a felony of the second degree if the amount of the | 
         
            |  | controlled substance possessed is, by aggregate weight, including | 
         
            |  | adulterants or dilutants, 2,000 pounds or less but more than 50 | 
         
            |  | pounds; and | 
         
            |  | (6)  a felony of the first degree 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 the controlled | 
         
            |  | substance possessed is, by aggregate weight, including adulterants | 
         
            |  | or dilutants, more than 2,000 pounds. | 
         
            |  | SECTION 13.  Section 481.117(e), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (e)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 five years, and a fine not to exceed $50,000, if the | 
         
            |  | amount of the controlled substance possessed is, by aggregate | 
         
            |  | weight, including adulterants or dilutants, 400 grams or more. | 
         
            |  | SECTION 14.  Section 481.118(e), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (e)  An offense under Subsection (a) is a felony of the first | 
         
            |  | degree 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 five years, and a fine not to exceed $50,000, if the | 
         
            |  | amount of the controlled substance possessed is, by aggregate | 
         
            |  | weight, including adulterants or dilutants, 400 grams or more. | 
         
            |  | SECTION 15.  Section 481.120(b), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (b)  An offense under Subsection (a) is: | 
         
            |  | (1)  a Class B misdemeanor if the amount of marihuana | 
         
            |  | delivered is one-fourth ounce or less and the person committing the | 
         
            |  | offense does not receive remuneration for the marihuana; | 
         
            |  | (2)  a Class A misdemeanor if the amount of marihuana | 
         
            |  | delivered is one-fourth ounce or less and the person committing the | 
         
            |  | offense receives remuneration for the marihuana; | 
         
            |  | (3)  a state jail felony if the amount of marihuana | 
         
            |  | delivered is five pounds or less but more than one-fourth ounce; | 
         
            |  | (4)  a felony of the second degree if the amount of | 
         
            |  | marihuana delivered is 50 pounds or less but more than five pounds; | 
         
            |  | (5)  a felony of the first degree if the amount of | 
         
            |  | marihuana delivered is 2,000 pounds or less but more than 50 pounds; | 
         
            |  | and | 
         
            |  | (6)  a felony of the first degree 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 10 years, and a | 
         
            |  | fine not to exceed $100,000, if the amount of marihuana delivered is | 
         
            |  | more than 2,000 pounds. | 
         
            |  | SECTION 16.  Section 481.121(b), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (b)  An offense under Subsection (a) is: | 
         
            |  | (1)  a Class 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)  a felony of the first degree 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 17.  Section 481.126(a), Health and Safety Code, is | 
         
            |  | amended to read as follows: | 
         
            |  | (a)  A person commits an offense if the person: | 
         
            |  | (1)  barters property or expends funds the person knows | 
         
            |  | are derived from the commission of a first degree felony [ an] | 
         
            |  | offense under this chapter punishable by imprisonment in the Texas | 
         
            |  | Department of Criminal Justice for life; | 
         
            |  | (2)  barters property or expends funds the person knows | 
         
            |  | are derived from the commission of an offense under Section | 
         
            |  | 481.121(a) that is punishable under Section 481.121(b)(5); | 
         
            |  | (3)  barters property or finances or invests funds the | 
         
            |  | person knows or believes are intended to further the commission of | 
         
            |  | an offense for which the punishment is described by Subdivision | 
         
            |  | (1); or | 
         
            |  | (4)  barters property or finances or invests funds the | 
         
            |  | person knows or believes are intended to further the commission of | 
         
            |  | an offense under Section 481.121(a) that is punishable under | 
         
            |  | Section 481.121(b)(5). | 
         
            |  | SECTION 18.  Section 481.134(c), Health and Safety Code, as | 
         
            |  | amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the | 
         
            |  | 87th Legislature, Regular Session, 2021, is reenacted and amended | 
         
            |  | to read as follows: | 
         
            |  | (c)  The minimum term of confinement or imprisonment for an | 
         
            |  | offense otherwise punishable under Section 481.112(c), (d), (e), or | 
         
            |  | (f), 481.1121(b)(2), (3), or (4), 481.1123(b), (c) [ 481.1123(c)], | 
         
            |  | (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), | 
         
            |  | 481.115(c)-(f), 481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), | 
         
            |  | or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), | 
         
            |  | 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or | 
         
            |  | 481.121(b)(4), (5), or (6) is increased by five years and the | 
         
            |  | maximum fine for the offense is doubled if it is shown on the trial | 
         
            |  | of the offense that the offense was committed: | 
         
            |  | (1)  in, on, or within 1,000 feet of the premises of a | 
         
            |  | school, the premises of a public or private youth center, or a | 
         
            |  | playground; | 
         
            |  | (2)  on a school bus; or | 
         
            |  | (3)  by any unauthorized person 18 years of age or | 
         
            |  | older, in, on, or within 1,000 feet of premises owned, rented, or | 
         
            |  | leased by a general residential operation operating as a | 
         
            |  | residential treatment center. | 
         
            |  | SECTION 19.  Section 481.141, Health and Safety Code, is | 
         
            |  | amended by adding Subsection (d) to read as follows: | 
         
            |  | (d)  Punishment may not be increased under this section if | 
         
            |  | the defendant is also prosecuted under Section 19.02(b)(4), Penal | 
         
            |  | Code, for conduct occurring during the same criminal episode. | 
         
            |  | SECTION 20.  Section 19.02, Penal Code, is amended by | 
         
            |  | amending Subsection (b) and adding Subsection (e) to read as | 
         
            |  | follows: | 
         
            |  | (b)  A person commits an offense if the person [ he]: | 
         
            |  | (1)  intentionally or knowingly causes the death of an | 
         
            |  | individual; | 
         
            |  | (2)  intends to cause serious bodily injury and commits | 
         
            |  | an act clearly dangerous to human life that causes the death of an | 
         
            |  | individual; [ or] | 
         
            |  | (3)  commits or attempts to commit a felony, other than | 
         
            |  | manslaughter, and in the course of and in furtherance of the | 
         
            |  | commission or attempt, or in immediate flight from the commission | 
         
            |  | or attempt, the person [ he] commits or attempts to commit an act | 
         
            |  | clearly dangerous to human life that causes the death of an | 
         
            |  | individual; or | 
         
            |  | (4)  knowingly manufactures or delivers a controlled | 
         
            |  | substance included in Penalty Group 1-B under Section 481.1022, | 
         
            |  | Health and Safety Code, in violation of Section 481.1123, Health | 
         
            |  | and Safety Code, and an individual dies as a result of injecting, | 
         
            |  | ingesting, inhaling, or introducing into the individual's body any | 
         
            |  | amount of the controlled substance manufactured or delivered by the | 
         
            |  | actor, regardless of whether the controlled substance was used by | 
         
            |  | itself or with another substance, including a drug, adulterant, or | 
         
            |  | dilutant. | 
         
            |  | (e)  It is a defense to prosecution under Subsection (b)(4) | 
         
            |  | that the actor's conduct in manufacturing or delivering the | 
         
            |  | controlled substance was authorized under Chapter 481, Health and | 
         
            |  | Safety Code, or other state or federal law. | 
         
            |  | SECTION 21.  Section 71.02(a), Penal Code, is amended to | 
         
            |  | read as follows: | 
         
            |  | (a)  A person commits an offense if, with the intent to | 
         
            |  | establish, maintain, or participate in a combination or in the | 
         
            |  | profits of a combination or as a member of a criminal street gang, | 
         
            |  | the person commits or conspires to commit one or more of the | 
         
            |  | following: | 
         
            |  | (1)  murder, capital murder, arson, aggravated | 
         
            |  | robbery, robbery, burglary, theft, aggravated kidnapping, | 
         
            |  | kidnapping, aggravated assault, aggravated sexual assault, sexual | 
         
            |  | assault, continuous sexual abuse of young child or disabled | 
         
            |  | individual, solicitation of a minor, forgery, deadly conduct, | 
         
            |  | assault punishable as a Class A misdemeanor, burglary of a motor | 
         
            |  | vehicle, or unauthorized use of a motor vehicle; | 
         
            |  | (2)  any gambling offense punishable as a Class A | 
         
            |  | misdemeanor; | 
         
            |  | (3)  promotion of prostitution, aggravated promotion | 
         
            |  | of prostitution, or compelling prostitution; | 
         
            |  | (4)  unlawful manufacture, transportation, repair, or | 
         
            |  | sale of firearms or prohibited weapons; | 
         
            |  | (5)  unlawful manufacture, delivery, dispensation, or | 
         
            |  | distribution of a controlled substance or dangerous drug, or | 
         
            |  | unlawful possession of a controlled substance or dangerous drug | 
         
            |  | through forgery, fraud, misrepresentation, or deception; | 
         
            |  | (5-a)  causing the unlawful delivery, dispensation, or | 
         
            |  | distribution of a controlled substance or dangerous drug in | 
         
            |  | violation of Subtitle B, Title 3, Occupations Code; | 
         
            |  | (5-b)  unlawful possession with intent to deliver a | 
         
            |  | controlled substance listed in Penalty Group 1-B under Section | 
         
            |  | 481.1022, Health and Safety Code; | 
         
            |  | (6)  any unlawful wholesale promotion or possession of | 
         
            |  | any obscene material or obscene device with the intent to wholesale | 
         
            |  | promote the same; | 
         
            |  | (7)  any offense under Subchapter B, Chapter 43, | 
         
            |  | depicting or involving conduct by or directed toward a child | 
         
            |  | younger than 18 years of age; | 
         
            |  | (8)  any felony offense under Chapter 32; | 
         
            |  | (9)  any offense under Chapter 36; | 
         
            |  | (10)  any offense under Chapter 34, 35, or 35A; | 
         
            |  | (11)  any offense under Section 37.11(a); | 
         
            |  | (12)  any offense under Chapter 20A; | 
         
            |  | (13)  any offense under Section 37.10; | 
         
            |  | (14)  any offense under Section 38.06, 38.07, 38.09, or | 
         
            |  | 38.11; | 
         
            |  | (15)  any offense under Section 42.10; | 
         
            |  | (16)  any offense under Section 46.06(a)(1) or 46.14; | 
         
            |  | (17)  any offense under Section 20.05 or 20.06; | 
         
            |  | (18)  any offense under Section 16.02; or | 
         
            |  | (19)  any offense classified as a felony under the Tax | 
         
            |  | Code. | 
         
            |  | SECTION 22.  The change in law made by this Act to Section | 
         
            |  | 193.005, Health and Safety Code, applies only to a death that occurs | 
         
            |  | on or after the effective date of this Act, or a death that occurs | 
         
            |  | before that date but is discovered on or after the effective date of | 
         
            |  | this Act. | 
         
            |  | SECTION 23.  The changes in law made by this Act to Chapter | 
         
            |  | 481, Health and Safety Code, and Sections 19.02 and 71.02, Penal | 
         
            |  | Code, 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 24.  To the extent of any conflict, this Act prevails | 
         
            |  | over another Act of the 88th Legislature, Regular Session, 2023, | 
         
            |  | relating to nonsubstantive additions to and corrections in enacted | 
         
            |  | codes. | 
         
            |  | SECTION 25.  This Act takes effect September 1, 2023. | 
         
            |  | 
         
            |  | 
         
            |  | ______________________________ | ______________________________ | 
         
            |  | President of the Senate | Speaker of the House | 
         
            |  | 
         
            |  | 
         
            |  | I certify that H.B. No. 6 was passed by the House on April 28, | 
         
            |  | 2023, by the following vote:  Yeas 124, Nays 21, 1 present, not | 
         
            |  | voting; and that the House concurred in Senate amendments to H.B. | 
         
            |  | No. 6 on May 19, 2023, by the following vote:  Yeas 125, Nays 10, 2 | 
         
            |  | present, not voting. | 
         
            |  |  | 
         
            |  | ______________________________ | 
         
            |  | Chief Clerk of the House | 
         
            |  | 
         
            |  | I certify that H.B. No. 6 was passed by the Senate, with | 
         
            |  | amendments, on May 16, 2023, by the following vote:  Yeas 30, Nays | 
         
            |  | 1. | 
         
            |  |  | 
         
            |  | ______________________________ | 
         
            |  | Secretary of the Senate | 
         
            |  | APPROVED: __________________ | 
         
            |  | Date | 
         
            |  |  | 
         
            |  | __________________ | 
         
            |  | Governor |