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.