S.B. No. 1152 introduces a new criminal offense in Texas law, specifically addressing the continuous manufacture or delivery of a controlled substance. The bill adds Section 481.142 to the Health and Safety Code, defining the offense as occurring when a person engages in two or more instances of conduct that violates specific sections of the code (481.112, 481.1121, 481.113, or 481.114) within a 12-month period. The bill outlines that if a jury is involved, they do not need to unanimously agree on the specific instances of conduct or the exact dates, but must agree that the defendant engaged in the prohibited conduct during the specified timeframe.

Additionally, the bill stipulates that a defendant cannot be convicted of another offense that includes the same conduct alleged under this new section unless certain conditions are met, such as the other offense being charged in the alternative or occurring outside the specified period. It also limits the prosecution to one count under this new section for conduct occurring within the same timeframe. The offense is classified as a third-degree felony, and the law will apply only to offenses committed on or after the effective date of September 1, 2025. Offenses committed prior to this date will be governed by the existing law.

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