SRC-JBJ H.B. 2205 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2205
76R6478 PEP-FBy: Hardcastle (Armbrister)
Natural Resources
5/10/1999
Engrossed


DIGEST 

Currently, anhydrous ammonia, normally used as an agricultural fertilizer
and refrigerant, is used as a key ingredient in methamphetamine production.
Current law does addresses its actual theft in quantities for drug
production as a misdemeanor offense and there is no penalty for its
possession.  In addition to contributing to the production of a controlled
substance, the theft of anhydrous ammonia causes damage to farm equipment
and can blind as well as cause lung damage to one who mishandles it.  H.B.
2205 would make it a state jail felony if a person possesses or transports
anhydrous ammonia in a container that is not designed or manufactured for
it.  This bill also provides that a person commits a state jail felony if
the person uses or tampers with a container or equipment used to hold,
apply, or transport anhydrous ammonia without the express consent of the
owner of the container or equipment. 

PURPOSE

As proposed, H.B. 2205 sets forth offenses for certain violations of
handling and transporting anhydrous ammonia. 

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 Title 6D, Health and Safety Code, by adding Chapter 504,
as follows: 

CHAPTER 504.  ANHYDROUS AMMONIA

Sec. 504.001.  OFFENSE:  POSSESSION OR TRANSPORT.  Provides that a person
commits a jail felony if the person possesses or maintains anhydrous
ammonia in a container or receptacle that is not designed and manufactured
to hold it, or transports anhydrous ammonia in a container or receptacle
that is not designed and manufactured to transport the ammonia. 

Sec. 504.002.  OFFENSE:  USE OF EQUIPMENT.  Provides that a person commits
a state jail felony if the person uses, delivers, or sells a container or
receptacle designed and manufactured to hold anhydrous ammonia without the
expresses consent of the owner of the container or receptacle; or tampers
with the equipment manufactured and used to hold, apply, or transport the
ammonia without the express consent of the owner of the equipment. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.