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