76R10715 PEP-F
By Noriega, et al. H.B. No. 656
Substitute the following for H.B. No. 656:
By Garcia C.S.H.B. No. 656
A BILL TO BE ENTITLED
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) An offense under this section is a state jail felony,
1-9 except as provided by Subsection (f) [Class B misdemeanor].
1-10 (f) An offense under this section is a felony of the third
1-11 degree if it is shown at the punishment phase of the trial of the
1-12 offense that the offense was committed:
1-13 (1) in, on, or within 1,000 feet of:
1-14 (A) the premises of a school or any premises
1-15 owned, rented, or leased by an institution of higher education;
1-16 (B) a playground; or
1-17 (C) any real property owned, rented, or leased
1-18 to a school or school board;
1-19 (2) on a school bus; or
1-20 (3) in, on, or within 300 feet of the premises of a
1-21 public or private youth center, public swimming pool, or video
1-22 arcade facility.
1-23 (g) Subsection (f) does not apply to an offense if:
1-24 (1) the offense was committed inside a private
2-1 residence; and
2-2 (2) no person younger than 18 years of age was present
2-3 in the private residence at the time the offense was committed.
2-4 (h) In this section, "institution of higher education,"
2-5 "playground," "premises," "school," "video arcade facility," and
2-6 "youth center" have the meanings assigned by Section 481.134.
2-7 SECTION 2. The change in law made by this Act applies only
2-8 to an offense committed on or after the effective date of this
2-9 Act. An offense committed before the effective date of this Act is
2-10 covered by the law in effect when the offense was committed, and
2-11 the former law is continued in effect for that purpose. For
2-12 purposes of this section, an offense was committed before the
2-13 effective date of this Act if any element of the offense occurred
2-14 before that date.
2-15 SECTION 3. This Act takes effect September 1, 1999.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.