Tex. Health & Safety Code § 481.141 · Subchapter D. OFFENSES AND PENALTIES
MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
(d) Punishment may not be increased under this section if the defendant is also prosecuted under Section 19.02(b)(4), Penal Code, for conduct occurring during the same criminal episode.
Notes and commentary — not statutory text
History
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.
Acts 2023, 88th Leg., R.S., Ch. 910 (H.B. 6), Sec. 19, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
- Text hash
- sha256 91e367a93833579713a53843b4c21697b0a1d5f2aa5a1fe0481dee7282b3254d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Health and Safety Code
- Tex. Health & Safety Code § 481.112OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.Printed as Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122
- Tex. Health & Safety Code § 481.1121OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A.Printed as Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122
- Tex. Health & Safety Code § 481.1123OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-B.Printed as Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122
- Tex. Health & Safety Code § 481.113OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2 OR 2-A.Printed as Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122
- Tex. Health & Safety Code § 481.114OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4.Printed as Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122
- Tex. Health & Safety Code § 481.122OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD.Printed as Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or 481.122
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.