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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of operating a premises |
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for unlawful controlled substance consumption. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.142 to read as follows: |
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Sec. 481.142. OFFENSE: OPERATING PREMISES FOR UNLAWFUL |
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CONTROLLED SUBSTANCE CONSUMPTION. (a) In this section, "premises" |
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has the meaning assigned by Section 46.03, Penal Code. |
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(b) A person commits an offense if the person: |
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(1) owns, rents, leases, manages, or otherwise |
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controls any premises, permanently or temporarily; and |
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(2) knowingly: |
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(A) operates the premises for the purpose of |
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allowing persons on the premises to use a controlled substance in |
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violation of this chapter; |
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(B) rents, leases, or otherwise profits from a |
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premises described by Subdivision (1) that is operated or otherwise |
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made available for the purpose of allowing persons on the premises |
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to use a controlled substance in violation of this chapter; or |
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(C) regardless of whether compensation is |
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expected or received, makes the premises available to others for |
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the purpose of allowing persons on the premises to use a controlled |
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substance in violation of this chapter. |
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(c) An offense under this section is a felony of the second |
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degree. |
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(d) This section does not apply to conduct engaged in with |
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respect to a premises on which controlled substances are consumed |
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pursuant to a valid prescription, including a facility for |
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medication-assisted treatment for opioid or substance use |
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disorder. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2023. |