The bill, H.B. No. 5467, proposes the creation of a new criminal offense titled "continuous manufacture or delivery of a controlled substance" by adding Section 481.142 to Subchapter D, Chapter 481 of the Health and Safety Code. Under this new section, a person would be guilty of an offense if they engage in conduct that constitutes an offense under specified sections of the law (481.112, 481.1121, 481.113, or 481.114) two or more times within a 12-month period. The bill also outlines specific jury requirements regarding the agreement on the conduct and timing of the offenses, as well as stipulations on how defendants can be charged in relation to this new offense.

Additionally, the bill establishes that a defendant cannot be convicted of another offense that includes conduct alleged under the new section unless certain conditions are met, such as the other offense being charged in the alternative or occurring outside the specified time frame. It also limits the number of counts a defendant can face under this new section for conduct occurring during the same period. The offense is classified as a third-degree felony, and the law will only apply to offenses committed on or after the effective date of September 1, 2025.

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