HBA-EDN C.S.H.B. 3351 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3351 By: Keffer Criminal Jurisprudence 4/18/2001 Committee Report (Substituted) BACKGROUND 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. C.S.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 It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 3351 amends the Health and Safety Code to provide that a person commits an offense if, with intent to unlawfully manufacture a controlled substance, the person possesses or transports anhydrous ammonia, an immediate precursor, or a chemical substance subject to regulation by the Department of Public Safety. The bill provides that such an offense is: _a felony of the second degree if the controlled substance is listed in Penalty Group 1 or 1A; _a felony of the third degree if the controlled substance is listed in Penalty Group 2; _a state jail felony if the controlled substance is listed in Penalty Group 3 or 4; or _a Class A misdemeanor if the controlled substance is listed in a schedule by an action of the commissioner of public health under these provisions but not listed in a penalty group. C.S.H.B. 3351 sets forth provisions regarding conditions under which intent to manufacture methamphetamine is presumed and under which a substance is presumed to be anhydrous ammonia. C.S.H.B. 3351 authorizes an actor whose conduct constitutes an offense under these provisions and also under another provision of the Health and Safety Code to be prosecuted under either or both provisions. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3351 modifies the original by conforming the bill to the style and format of the Texas Legislative Council. The substitute adds red phosphorus, iodine, iodine crystals, and muriatic acid to the substances commonly used in the manufacture of methamphetamine, possession of which constitutes a presumption of an intent to unlawfully manufacture methamphetamine. The substitute removes the provision repealing the possession or transport of anhydrous ammonia and authorizes an actor whose conduct constitutes an offense under these provisions and also under another provision of the Health and Safety Code to be prosecuted under either or both provisions.