1-1 AN ACT
1-2 relating to the penalty for sale or delivery of a substance
1-3 containing a volatile chemical to a minor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 484.005, Health and Safety Code, is
1-6 amended by amending Subsection (e) and adding Subsections (f), (g),
1-7 and (h) to read as follows:
1-8 (e) Except as provided by Subsection (f), an [An] offense
1-9 under this section is:
1-10 (1) a Class B misdemeanor if the actor is the owner of
1-11 or is an employee of a business establishment covered for the
1-12 location of the sale by a sales tax permit issued under Chapter
1-13 151, Tax Code, and the offense was committed at the business
1-14 establishment; or
1-15 (2) a state jail felony if the actor is any person
1-16 other than a person described by Subdivision (1) who committed the
1-17 offense at a business establishment described by that subdivision.
1-18 (f) An offense under this section is a felony of the third
1-19 degree if it is shown at the punishment phase of the trial of the
1-20 offense that the offense was committed:
1-21 (1) in, on, or within 1,000 feet of:
1-22 (A) the premises of a school or any premises
1-23 owned, rented, or leased by an institution of higher education;
1-24 (B) a playground; or
2-1 (C) any real property owned, rented, or leased
2-2 to a school or school board;
2-3 (2) on a school bus; or
2-4 (3) in, on, or within 300 feet of the premises of a
2-5 public or private youth center, public swimming pool, or video
2-6 arcade facility.
2-7 (g) Subsection (f) does not apply to an offense if:
2-8 (1) the offense was committed inside a private
2-9 residence and no person younger than 18 years of age was present in
2-10 the private residence at the time the offense was committed; or
2-11 (2) the actor was at the time of the offense an owner
2-12 or employee described by Subsection (e)(1) and the offense was
2-13 committed at a business location described by that subsection.
2-14 (h) In this section, "institution of higher education,"
2-15 "playground," "premises," "school," "video arcade facility," and
2-16 "youth center" have the meanings assigned by Section 481.134.
2-17 SECTION 2. The change in law made by this Act applies only
2-18 to an offense committed on or after the effective date of this
2-19 Act. An offense committed before the effective date of this Act is
2-20 covered by the law in effect when the offense was committed, and
2-21 the former law is continued in effect for that purpose. For
2-22 purposes of this section, an offense was committed before the
2-23 effective date of this Act if any element of the offense occurred
2-24 before that date.
2-25 SECTION 3. This Act takes effect September 1, 1999.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 656 was passed by the House on May 8,
1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 656 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor