By Keel                                               H.B. No. 3166
         76R9212 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of a defendant convicted
 1-3     of soliciting a minor to commit certain offenses involving
 1-4     controlled substances.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Sections 15.031(a) and (d), Penal Code, are
 1-7     amended to read as follows:
 1-8           (a)  A person commits an offense if, with intent that an
 1-9     offense under Section 481.112, Health and Safety Code, or an
1-10     offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
1-11     Procedure, be committed, the person requests, commands, or attempts
1-12     to induce a minor to engage in specific conduct that, under the
1-13     circumstances surrounding the actor's conduct as the actor believes
1-14     them to be, would constitute the offense under Section 481.112 or
1-15     the [an] offense listed by Section 3g(a)(1), [Article 42.12,] or
1-16     make the minor a party to the commission of the offense under
1-17     Section 481.112 or the [an] offense listed by Section 3g(a)(1)[,
1-18     Article 42.12].
1-19           (d)  An offense under this section is one category lower than
1-20     the solicited offense, unless the offense solicited is an offense
1-21     under Section 481.112, Health and Safety Code, in which event the
1-22     offense is punishable by:
1-23                 (1)  imprisonment in the institutional division for
1-24     life or for any term of not more than 99 years or less than 25
 2-1     years and by a fine not to exceed $100,000; or
 2-2                 (2)  if the defendant has previously been finally
 2-3     convicted of an offense punishable under this subsection,
 2-4     imprisonment in the institutional division for life and by a fine
 2-5     not to exceed $250,000.
 2-6           SECTION 2.  The change in law made by this Act applies only
 2-7     to an offense committed on or after the effective date of this Act.
 2-8     An offense committed before the effective date of this Act is
 2-9     covered by the law in effect when the offense was committed, and
2-10     the former law is continued in effect for that purpose.  For
2-11     purposes of this section, an offense was committed before the
2-12     effective date of this Act if any element of the offense occurred
2-13     before that date.
2-14           SECTION 3.  This Act takes effect September 1, 1999.
2-15           SECTION 4.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.