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.
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