SRC-TBR S.B. 21 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 21
77R1140 PEP-DBy: Shapiro
Criminal Justice
1/24/2001
As Filed


DIGEST AND PURPOSE 

Currently under Texas law, it is not considered a crime to attempt to
solicit or purchase a controlled substance.  As proposed, S.B. 21 applies
only to those 21 years of age and younger and makes the solicitation of a
controlled substance illegal. 

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 15.03, Penal Code, by amending as follows:
Subsections (a) and (d) and adding Subsection (e), 

(a)  Provides that a person commits an offense if, with intent that an
offense under Chapter 481(Texas Controlled Substances Act), Health and
Safety Code, for the delivery of a controlled substance be committed, the
person requests, commands, or attempts to induce another to engage in
specific conduct that, under the circumstances surrounding the other
person's conduct, would constitute the felony or make the other a party to
its commission.  Makes nonsubstantive changes. 

 (d)  Provides an exception to an offense under this section.  Makes a
nonsubstantive change. 

(e)  Provides that the punishment for the solicitation of the delivery of a
controlled substance is determined according to the substance's penalty
group and to the amount of the controlled substance for which delivery is
solicited, unless the substance is marihuana, in which event the punishment
is determined according to the amount solicited.  Provides that the
punishment for solicitation of delivery of a controlled substance listed in
a penalty group is one category lower than the punishment applicable to a
person who delivers a controlled substance in that penalty group in the
same amount as the amount solicited by the actor.  Provides the punishment
for solicitation of marihuana is one category lower than the punishment
applicable to a person who delivers marihuana in the same amount as the
amount solicited by the actor.  Provides that an offense under this section
is a Class B misdemeanor if the actor solicits delivery of a controlled
substance but does not solicit delivery of a specific amount. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.