1-1 By: Noriega, et al. (Senate Sponsor - Whitmire) H.B. No. 656
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the penalty for sale or delivery of a substance
1-9 containing a volatile chemical to a minor.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 484.005, Health and Safety Code, is
1-12 amended by amending Subsection (e) and adding Subsections (f), (g),
1-13 and (h) to read as follows:
1-14 (e) Except as provided by Subsection (f), an [An] offense
1-15 under this section is:
1-16 (1) a Class B misdemeanor if the actor is the owner of
1-17 or is an employee of a business establishment covered for the
1-18 location of the sale by a sales tax permit issued under Chapter
1-19 151, Tax Code, and the offense was committed at the business
1-20 establishment; or
1-21 (2) a state jail felony if the actor is any person
1-22 other than a person described by Subdivision (1) who committed the
1-23 offense at a business establishment described by that subdivision.
1-24 (f) An offense under this section is a felony of the third
1-25 degree if it is shown at the punishment phase of the trial of the
1-26 offense that the offense was committed:
1-27 (1) in, on, or within 1,000 feet of:
1-28 (A) the premises of a school or any premises
1-29 owned, rented, or leased by an institution of higher education;
1-30 (B) a playground; or
1-31 (C) any real property owned, rented, or leased
1-32 to a school or school board;
1-33 (2) on a school bus; or
1-34 (3) in, on, or within 300 feet of the premises of a
1-35 public or private youth center, public swimming pool, or video
1-36 arcade facility.
1-37 (g) Subsection (f) does not apply to an offense if:
1-38 (1) the offense was committed inside a private
1-39 residence and no person younger than 18 years of age was present in
1-40 the private residence at the time the offense was committed; or
1-41 (2) the actor was at the time of the offense an owner
1-42 or employee described by Subsection (e)(1) and the offense was
1-43 committed at a business location described by that subsection.
1-44 (h) In this section, "institution of higher education,"
1-45 "playground," "premises," "school," "video arcade facility," and
1-46 "youth center" have the meanings assigned by Section 481.134.
1-47 SECTION 2. The change in law made by this Act applies only
1-48 to an offense committed on or after the effective date of this
1-49 Act. An offense committed before the effective date of this Act is
1-50 covered by the law in effect when the offense was committed, and
1-51 the former law is continued in effect for that purpose. For
1-52 purposes of this section, an offense was committed before the
1-53 effective date of this Act if any element of the offense occurred
1-54 before that date.
1-55 SECTION 3. This Act takes effect September 1, 1999.
1-56 SECTION 4. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *