HB3464 - Relating to increasing the criminal penalties for the offenses of providing or possessing with the intent to provide an alcoholic beverage, a controlled substance, or a dangerous drug to a person in the custody of a correctional facility, taking an alcoholic beverage, a controlled substance, or a dangerous drug into a correctional facility, and taking a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility.

      H.B. No. 3464         AN ACT   relating to increasing the criminal penalties for the offenses of   providing or possessing with the intent to provide an alcoholic   beverage, a controlled substance, or a dangerous drug to a person in   the custody of a correctional facility, taking an alcoholic   beverage, a controlled substance, or a dangerous drug into a   correctional facility, and taking a controlled substance or   dangerous drug on property owned, used, or controlled by a   correctional facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.11, Penal Code, is amended by   amending Subsection (g) and adding Subsections (g-1) and (g-2) to   read as follows:          (g)   Except as otherwise provided by Subsections (g-1) and   (g-2), an [ An ] offense under this section is a felony of the third   degree.           (g-1)     Except as otherwise provided by Subsection (g-2), an   offense under Subsection (a)(1), (b), or (c) committed with respect   to a correctional facility is a felony of the second degree if the   actor is employed by the correctional facility.           (g-2)     An offense under Subsection (a)(1), (b), or (c)   committed with respect to a correctional facility is a felony of the   first degree punishable by imprisonment in the Texas Department of   Criminal Justice for life or for a term of not more than 99 years or   less than 15 years, and a fine not to exceed $250,000 if:                 (1)     the actor is employed by the correctional   facility; and                 (2)     the ingestion, inhalation, injection, or other   administration of the controlled substance or dangerous drug that   is the subject of the offense causes the death of a person in the   custody of the correctional facility.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3464 was passed by the House on May 6,   2025, by the following vote:  Yeas 147, Nays 0, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 3464 on May 28, 2025, by the following vote:  Yeas 128, Nays 0,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3464 was passed by the Senate, with   amendments, on May 23, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor