reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 481.132 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.132. Multiple Prosecutions

Sec. 481.132.  MULTIPLE PROSECUTIONS.  (a)  In this section, "criminal episode" means the commission of two or more offenses under this chapter under the following circumstances:(1)  the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme, plan, or continuing course of conduct;  or(2)  the offenses are the repeated commission of the same or similar offenses.(b)  A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode.  If a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, not later than the 30th day before the date of the trial, the state shall file written notice of the action.(c)  If a judgment of guilt is reversed, set aside, or vacated and a new trial is ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was not known to the appropriate prosecution official at the time the first prosecution began.(d)  If the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, sentence for each offense for which the accused has been found guilty shall be pronounced, and those sentences run concurrently.(e)  If it appears that a defendant or the state is prejudiced by a joinder of offenses, the court may order separate trials of the offenses or provide other relief as justice requires.(f)  This section provides the exclusive method for consolidation and joinder of prosecutions for offenses under this chapter.  This section is not a limitation of Article 36.09 or 36.10, Code of Criminal Procedure.|Added by Acts 1991, 72nd Leg., ch. 193, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 481.131 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(17a), eff. Nov. 12, 1991.|
TX Health & Safety Code § 481.133 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.133. Offense: Falsification of Drug Test Results

Sec. 481.133.  OFFENSE:  FALSIFICATION OF DRUG TEST RESULTS.  (a)  A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use any substance or device designed to falsify drug test results.(b)  A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver a substance or device designed to falsify drug test results.(c)  In this section, "drug test" means a lawfully administered test designed to detect the presence of a controlled substance or marihuana.(d)  An offense under Subsection (a) is a Class B misdemeanor.(e)  An offense under Subsection (b) is a Class A misdemeanor.|Added by Acts 1991, 72nd Leg., ch. 274, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 481.131 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(17b), eff. Nov. 12, 1991.|
TX Health & Safety Code § 481.135 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.135. Maps as Evidence of Location or Area

Sec. 481.135.  MAPS AS EVIDENCE OF LOCATION OR AREA.  (a)  In a prosecution under Section 481.134, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of drug-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas.(b)  A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).(c)  A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located.(d)  This section does not prevent the prosecution from:(1)  introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 481.134; or(2)  using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.|Added by Acts 1993, 73rd Leg., ch. 888, Sec. 3, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.004, eff. September 1, 2005.|
TX Health & Safety Code § 481.136 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.136. Offense: Unlawful Transfer or Receipt of Chemical Precursor

Sec. 481.136.  OFFENSE:  UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL PRECURSOR.(a)  A person commits an offense if the person sells, transfers, furnishes, or receives a chemical precursor subject to Section 481.077(a) and the person:(1)   does not comply with Section 481.077 or 481.0771;(2)  knowingly makes a false statement in a report or record required by Section 481.077 or 481.0771; or(3)  knowingly violates a rule adopted under Section 481.077 or 481.0771.(b)  An offense under this section is a state jail felony, unless it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section or Section 481.137, in which event the offense is a felony of the third degree.|Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 24, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 8, eff. August 1, 2005.Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.005, eff. September 1, 2019.|
TX Health & Safety Code § 481.137 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.137. Offense: Transfer of Precursor Substance for Unlawful Manufacture

Sec. 481.137.  OFFENSE:  TRANSFER OF PRECURSOR SUBSTANCE FOR UNLAWFUL MANUFACTURE.  (a)  A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical precursor subject to Section 481.077(a) with the knowledge or intent that the recipient will use the chemical precursor to unlawfully manufacture a controlled substance or controlled substance analogue.(b)  An offense under this section is a felony of the third degree.|Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 25, eff. Sept. 1, 2001.|
TX Health & Safety Code § 481.138 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.138. Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus

Sec. 481.138.  OFFENSE:  UNLAWFUL TRANSFER OR RECEIPT OF CHEMICAL LABORATORY APPARATUS.(a)  A person commits an offense if the person sells, transfers, furnishes, or receives a chemical laboratory apparatus subject to Section 481.080(a) and the person:(1)   does not comply with Section 481.080;(2)  knowingly makes a false statement in a report or record required by Section 481.080; or(3)  knowingly violates a rule adopted under Section 481.080.(b)  An offense under this section is a state jail felony, unless it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section, in which event the offense is a felony of the third degree.|Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 26, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.006, eff. September 1, 2019.|
TX Health & Safety Code § 481.139 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.139. Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture

Sec. 481.139.  OFFENSE:  TRANSFER OF CHEMICAL LABORATORY APPARATUS FOR UNLAWFUL MANUFACTURE.  (a)  A person commits an offense if the person sells, transfers, or otherwise furnishes a chemical laboratory apparatus with the knowledge or intent that the recipient will use the apparatus to unlawfully manufacture a controlled substance or controlled substance analogue.(b)  An offense under Subsection (a) is a felony of the third degree.|Added by Acts 1997, 75th Leg., ch. 745, Sec. 32, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 27, eff. Sept. 1, 2001.|
TX Health & Safety Code § 481.140 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.140. Use of Child in Commission of Offense

Sec. 481.140.  USE OF CHILD IN COMMISSION OF OFFENSE.  (a)  If it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, 481.120, or 481.122 that the defendant used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense, the punishment is increased by one degree, unless the defendant used or threatened to use force against the child or another to gain the child's assistance, in which event the punishment for the offense is a felony of the first degree.(b)  Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.|Added by Acts 2001, 77th Leg., ch. 786, Sec. 1, eff. June 14, 2001.Amended by: Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 11, eff. September 1, 2021.|
TX Health & Safety Code § 481.141 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter D. Offenses and Penalties|Section 481.141. Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury

Sec. 481.141.  MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY.  (a)  If at the guilt or innocence phase of the trial of an offense described by Subsection (b), the judge or jury, whichever is the trier of fact, determines beyond a reasonable doubt that a person died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person's body any amount of the controlled substance manufactured or delivered by the defendant, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant, the punishment for the offense is increased by one degree.(b)  This section applies to an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122.(c)  Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.|Added by Acts 2003, 78th Leg., ch. 712, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 12, eff. September 1, 2021.|
TX Health & Safety Code § 481.151 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter E. Forfeiture|Section 481.151. Definitions

Sec. 481.151.  DEFINITIONS.  In this subchapter:(1)  "Controlled substance property" means a controlled substance, mixture containing a controlled substance, controlled substance analogue, counterfeit controlled substance, drug paraphernalia, chemical precursor, chemical laboratory apparatus, or raw material.(2)  "Controlled substance plant" means a species of plant from which a controlled substance listed in Schedule I or II may be derived.(2-a)  "Crime laboratory" has the meaning assigned by Article 38.35, Code of Criminal Procedure.(2-b)  "Criminal justice agency" has the meaning assigned by Section 411.082, Government Code, and includes a local government corporation described by Section 411.0011 of that code.(3)  "Summary destruction" or "summarily destroy" means destruction without the necessity of any court action, a court order, or further proceedings.(4)  "Summary forfeiture" or "summarily forfeit" means forfeiture without the necessity of any court action, a court order, or further proceedings.|Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 251, Sec. 28, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 1, eff. May 21, 2007.Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 481.152 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter E. Forfeiture|Section 481.152. Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Plants

Sec. 481.152.  SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PLANTS.  (a)  Controlled substance plants are subject to seizure and summary forfeiture to the state if:(1)  the plants have been planted, cultivated, or harvested in violation of this chapter;(2)  the plants are wild growths;  or(3)  the owners or cultivators of the plants are unknown.(b)  Subsection (a) does not apply to unharvested peyote growing in its natural state.(c)  If a person who occupies or controls land or premises on which the plants are growing fails on the demand of a peace officer to produce an appropriate registration or proof that the person is the holder of the registration, the officer may seize and summarily forfeit the plants.(d)  If a controlled substance plant is seized and forfeited under this section, a court may order the disposition of the plant under Section 481.159, or the department, a criminal justice agency, or a peace officer may summarily destroy the property under the rules of the department or dispose of the property in lieu of destruction as provided by Section 481.161.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 2, eff. May 21, 2007.Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 3, eff. May 21, 2007.Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 2, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 3, eff. September 1, 2021.|
TX Health & Safety Code § 481.153 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter E. Forfeiture|Section 481.153. Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Property

Sec. 481.153.  SEIZURE, SUMMARY FORFEITURE, AND SUMMARY DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY.  (a)  Controlled substance property that is manufactured, delivered, or possessed in violation of this chapter is subject to seizure and summary forfeiture to the state.(b)  If an item of controlled substance property is seized and forfeited under this section, a court may order the disposition of the property under Section 481.159, or the department, a criminal justice agency, or a peace officer may summarily destroy the property under the rules of the department or dispose of the property in lieu of destruction as provided by Section 481.161.|Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 4, eff. May 21, 2007.Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 5, eff. May 21, 2007.Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 4, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 5, eff. September 1, 2021.|
TX Health & Safety Code § 481.154 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter E. Forfeiture|Section 481.154. Rules

Sec. 481.154.  RULES.  (a)  The director may adopt reasonable rules and procedures, not inconsistent with the provisions of this chapter, concerning:(1)  summary forfeiture and summary destruction of controlled substance property or plants;(2)  establishment and operation of a secure storage area;(3)  delegation by a law enforcement agency head of the authority to access a secure storage area; and(4)  minimum tolerance for and the circumstances of loss or destruction during an investigation.(b)  The rules for the destruction of controlled substance property or plants must require:(1)  more than one person to witness the destruction of the property or plants;(2)  the preparation of an inventory of the property or plants destroyed;  and(3)  the preparation of a statement that contains the names of the persons who witness the destruction and the details of the destruction.(c)  A document prepared under a rule adopted under this section must be completed, retained, and made available for inspection by the director.|Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2007, 80th Leg., R.S., Ch. 152 (S.B. 722), Sec. 6, eff. May 21, 2007.|
TX Health & Safety Code § 481.161 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter E. Forfeiture|Section 481.161. Disposition of Controlled Substance Property or Plant in Lieu of Destruction

Sec. 481.161.  DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY OR PLANT IN LIEU OF DESTRUCTION.  (a)  Controlled substance property or plants subject to summary destruction or ordered destroyed by a court may be disposed of in accordance with this section.(b)  A law enforcement agency or criminal justice agency may transfer the controlled substance property or plants to a crime laboratory to be used for the purposes of laboratory research, testing results validation, and training of analysts.(c)  The crime laboratory to which the controlled substance property or plants are transferred under Subsection (b) shall destroy or otherwise properly dispose of any unused quantities of the controlled substance property or plants.(d)  This section does not apply to evidence described by Section 481.160(d).(e)  The director may adopt rules to implement this section.|Added by Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 9, eff. September 1, 2021.|
TX Health & Safety Code § 481.181 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions|Section 481.181. Inspections

Sec. 481.181.  INSPECTIONS.  (a)  The director may enter controlled premises at any reasonable time and inspect the premises and items described by Subsection (b) in order to inspect, copy, and verify the correctness of a record, report, or other document required to be made or kept under this chapter and to perform other functions under this chapter.  For purposes of this subsection, "reasonable time" means any time during the normal business hours of the person or activity regulated under this chapter or any time an activity regulated under this chapter is occurring on the premises.  The director shall:(1)  state the purpose of the entry;(2)  display to the owner, operator, or agent in charge of the premises appropriate credentials;  and(3)  deliver to the owner, operator, or agent in charge of the premises a written notice of inspection authority.(b)  The director may:(1)  inspect and copy a record, report, or other document required to be made or kept under this chapter;(2)  inspect, within reasonable limits and in a reasonable manner, the controlled premises and all pertinent equipment, finished and unfinished drugs, other substances, and materials, containers, labels, records, files, papers, processes, controls, and facilities as appropriate to verify a record, report, or document required to be kept under this chapter or to administer this chapter;(3)  examine and inventory stock of a controlled substance and obtain samples of the controlled substance;(4)  examine a hypodermic syringe, needle, pipe, or other instrument, device, contrivance, equipment, control, container, label, or facility relating to a possible violation of this chapter;  and(5)  examine a material used, intended to be used, or capable of being used to dilute or adulterate a controlled substance.(c)  Unless the owner, operator, or agent in charge of the controlled premises consents in writing, the director may not inspect:(1)  financial data; (2)  sales data other than shipment data;  or(3)  pricing data.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 11, eff. Sept. 1, 2003.|
TX Health & Safety Code § 481.182 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 481 - Texas Controlled Substances Act|Subchapter F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions|Section 481.182. Evidentiary Rules Relating to Offer of Delivery

Sec. 481.182.  EVIDENTIARY RULES RELATING TO OFFER OF DELIVERY.  For the purpose of establishing a delivery under this chapter, proof of an offer to sell must be corroborated by:(1)  a person other than the person to whom the offer is made;  or(2)  evidence other than a statement of the person to whom the offer is made.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 12, eff. Sept. 1, 2003.|