SRC-JJJ H.B. 656 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 656
By: Noriega (Whitmire)
Criminal Justice
5/11/1999
Engrossed


DIGEST 

Currently, Texas law provides that a person commits a Class B misdemeanor
if the person, in order to create a state of intoxication, inhales,
ingests, applies, or uses a substance containing a volatile chemical, or
possesses such a substance with the intent to do so.  The law also provides
that a person commits a Class B misdemeanor if the person sells  or
delivers such a substance to a minor. Nevertheless, recent studies have
found that inhalant use by minors remains problematic in certain areas of
the state.  H.B. 656 would establish provisions regarding  the penalty for
sale or delivery of a substance containing a volatile chemical to a minor. 
  
PURPOSE

As proposed, H.B. 656 establishes provisions regarding  the penalty for
sale or delivery of a substance containing a volatile chemical to a minor. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 484.005, Health and Safety Code, by amending
Subsection (e) and adding Subsections (f), (g), and (h), to establish
actions that constitute an offense under this section, except as provided
by Subsection (f).  Provides that an offense under this section is a felony
of the third degree, if it is shown at the punishment phase of the trial of
the offense that the offense fulfilled certain conditions regarding
proximity to school grounds, a school bus, or a public or private youth
center.  Sets forth conditions for which Subsection (f) does not apply to
an offense. Defines "institution of higher education," "playground,"
"premises," "school," "video arcade facility," and "youth center." 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.