SB156 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 4 section(s) of the Texas statutes: Section 481.121(b), Health and Safety Code, Section 481.125, Health and Safety Code, Section 51.03(a), Family Code, Section 118.124, Local Government Code.

• Section 481.121(b), Health and Safety Code

  but more than one ounce

  amended

• Sec. 481.1211. CIVIL PENALTY: POSSESSION OF SMALL AMOUNT OF MARIHUANA. (a) Notwithstanding Section 481.121 and except as otherwise provided by Section 481.1212, a person who knowingly or intentionally possesses a usable quantity of marihuana in an amount that is one ounce or less does not commit an offense but is liable to the state for a civil penalty not to exceed $250. (b) The imposition of a civil penalty under this section is not a conviction and may not be considered a conviction for any purpose. Sec. 481.1212. OFFENSE: SUBSEQUENT POSSESSION OF SMALL AMOUNT OF MARIHUANA. (a) A person commits an offense if the person: (1) knowingly or intentionally possesses a usable quantity of marihuana in an amount that is one ounce or less; and (2) has previously been assessed a civil penalty three times under Section 481.1211. (b) An offense under this section is a Class C misdemeanor.

  amended

• Section 481.125, Health and Safety Code

  (g) It is a defense to prosecution under this section that drug paraphernalia was knowingly or intentionally used, possessed, or delivered solely in furtherance of a violation of Section 481.1211 or an offense under Section 481.1212.

  amended

• Art. 45.062. PROCEEDINGS FOR CERTAIN MARIHUANA POSSESSION VIOLATIONS AND OFFENSES. (a) A peace officer may not make an arrest solely because of a violation of Section 481.1211, Health and Safety Code, regardless of whether the person may be subject to prosecution under Section 481.1212 of that code. A peace officer may issue to a person a citation that contains written notice of the time and place the person must appear before a justice court, the name and address of the person charged, and the violation charged. The citation must notify the person that the person may be subject to prosecution for a Class C misdemeanor under Section 481.1212, Health and Safety Code, if the person has previously been assessed a civil penalty three times under Section 481.1211, Health and Safety Code. (b) The district or county attorney of the county in which the conduct described by Section 481.1211, Health and Safety Code, is alleged to have occurred may: (1) bring an action in the justice court of the county to collect the civil penalty of a person who receives a citation under this section; or (2) charge the person with an offense under Section 481.1212, Health and Safety Code, if the person has previously been assessed a civil penalty three times under Section 481.1211 of that code. (c) Except as otherwise provided by this article, a civil action under this article for a violation of Section 481.1211, Health and Safety Code, shall be conducted in the manner provided by this chapter as if an offense were charged. (d) The court may not: (1) issue an arrest warrant under Article 45.014 for a violation of Section 481.1211, Health and Safety Code, or an offense under Section 481.1212 of that code; or (2) require the person who violates Section 481.1211, Health and Safety Code, or commits an offense under Section 481.1212 of that code, to give bail under Article 45.016. (e) A citation issued under this article is considered to be a sufficient complaint for purposes of Articles 45.018 and 45.019 if the citation is filed with the court by a district or county attorney. (f) A person liable for a civil penalty under Section 481.1211, Health and Safety Code, may not appeal under Article 45.042. (g) Before imposing a civil penalty under Section 481.1211, Health and Safety Code, the court shall determine whether the person subject to the penalty is indigent. If the court determines the person is indigent, the court shall waive the penalty and may order the person to complete not more than 10 hours of community service. (h) Subsections (n), (p), and (q) apply to a person for whom a court waives a penalty under Subsection (g). (i) The court may waive or reduce the civil penalty for a person other than a person described by Subsection (g) if: (1) the person subject to a civil penalty under Section 481.1211, Health and Safety Code, attends a program that provides education in substance abuse and is approved by the Department of State Health Services, the Texas Department of Licensing and Regulation, or the Texas Department of Public Safety; or (2) the person performs not more than 10 hours of community service, as ordered by the court. (j) If during a proceeding for a violation of Section 481.1211, Health and Safety Code, the court finds that the person has previously been assessed a civil penalty under that section one or two times, the court shall, in addition to assessing a civil penalty, order the person to attend a program that provides education in substance abuse and is approved by the Department of State Health Services, the Texas Department of Licensing and Regulation, or the Texas Department of Public Safety. (k) If during a proceeding for a violation of Section 481.1211, Health and Safety Code, the court finds that the person has previously been assessed a civil penalty under that section three times, the court shall suspend the proceedings and notify the appropriate prosecuting attorney so that the person may be charged with an offense under Sec

  amended

• Section 51.03(a), Family Code

  or → ; or (5) conduct for which a person is subject to a civil penalty under Section 481.1211, Health and Safety Code, or that violates Section 481.1212 of that code

  amended

• Section 118.124, Local Government Code

  or → ; or (6) the filing of a civil action by the state under Section 481.1211, Health and Safety Code

  amended

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