SRC-MWN H.B. 3351 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3351
By: Keffer (Haywood)
Criminal Justice
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Throughout the state, the illicit manufacture of methamphetamine is a
serious problem. Prosecutors have encountered difficulty with appellate law
concerning possession of a controlled substance, meaning methamphetamine
precursors, with intent to manufacture a controlled substance, meaning the
methamphetamine itself. The courts have held that "manufacture" constitutes
a finished product, with its penalty associated with the quantity of
finished product. H.B. 3351 sets forth provisions regarding the conditions
under which intent to manufacture methamphetamine is presumed, and provides
penalties for the intent to manufacture.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 481.002(5), Health and Safety Code, to amend the
definition of "controlled substance" by deleting the text "an immediate
precursor." 

SECTION 2. Amends Section 481.112(a), Health and Safety Code, to delete
reference regarding intentionally and manufacture. 

SECTION 3. Amends Section 481.1121(a), Health and Safety Code, to make a
conforming change. 

SECTION 4. Amends Section 481.113(a), Health and Safety Code, to make
conforming changes. 

SECTION 5. Amends Section 481.114(a), Health and Safety Code, to make
conforming changes. 

SECTION 6. Amends Section 481.119(a), Health and Safety Code, to make
conforming changes. 

SECTION 7. Amends Chapter 481D, Health and Safety Code, by adding Section
481.124, as follows: 

Sec. 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN CHEMICALS WITH
INTENT TO MANUFACTURE CONTROLLED SUBSTANCE. (a) Provides that a person
commits an offense if, with intent to unlawfully manufacture a controlled
substance, the person possesses or transports certain substances. 

(b) Provides that an intent to unlawfully manufacture the controlled
substance methamphetamine is presumed if the actor possesses or transports
certain substances. 

(c) Provides that a substance is presumed to be anhydrous ammonia if the
substance is in a container or receptacle that meets certain
specifications. 

   (d) Provides that an offense under this section is a certain offense.

(e) Authorizes the actor, if conduct constituting an offense under this
section also constitutes an offense under another section of this code, to
be prosecuted under either section or under both sections. 

SECTION 8. Amends Section 504.001(b), Health and Safety Code, to provide
that an offense under this section is a felony of the third degree, rather
than a state jail felony. 

SECTION 9. Amends Section 504.002(b), Health and Safety Code, to provide
that an offense under this section is a felony of the third degree, rather
than a state jail felony. 

SECTION 10. Amends Section 551.003(11), Occupations Code, to redefine
"controlled substance." 

SECTION 11. Makes application of this Act prospective.

SECTION 12. Effective date: September 1, 2001.