By Wise                                                H.B. No. 176
         76R21 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of and punishment for an offense in
 1-3     which a controlled substance is used to facilitate the commission
 1-4     of the offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
 1-7     by adding Section 12.48 to read as  follows:
 1-8           Sec. 12.48.  PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT
 1-9     OFFENSE.  If the court makes an affirmative finding under Article
1-10     42.015, Code of Criminal Procedure, in the punishment phase of the
1-11     trial of an offense under Chapter 29, Chapter 31, or Title 5, other
1-12     than a first degree felony or a Class A misdemeanor, the punishment
1-13     for the offense is increased to the punishment prescribed for the
1-14     next highest category of offense.  If the offense is a Class A
1-15     misdemeanor, the minimum term of confinement for the offense is
1-16     increased to 180 days.
1-17           SECTION 2.  Chapter  42, Code of Criminal Procedure, is
1-18     amended by adding Article 42.015 to read as follows:
1-19           Art. 42.015.  FINDING THAT CONTROLLED SUBSTANCE USED TO
1-20     COMMIT OFFENSE.  In the punishment phase of the trial of an offense
1-21     under Chapter 29, Chapter 31, or Title 5,  Penal Code, if the court
1-22     determines beyond a reasonable doubt that the defendant
1-23     administered  or provided  a controlled substance  to the victim of
1-24     the offense with the intent of  facilitating the  commission of the
 2-1     offense, the court shall make an affirmative finding of that fact
 2-2     and enter the affirmative finding in the  judgment of that case.
 2-3           SECTION 3.  (a)  The change in the law made by this Act
 2-4     applies only to an offense committed on or after the effective date
 2-5     of this Act.  For purposes of this section, an offense is committed
 2-6     before the effective date of this Act if any element of the offense
 2-7     occurs before that date.
 2-8           (b)  An offense committed before the effective date of this
 2-9     Act is covered by the law in effect when the offense was committed,
2-10     and the former law is continued in effect for that purpose.
2-11           SECTION 4.  This Act takes effect September 1, 1999.
2-12           SECTION 5.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.