1-1 By: Wise (Senate Sponsor - Cain) H.B. No. 139
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Criminal Justice; April 30, 2001, reported favorably by the
1-5 following vote: Yeas 5, Nays 0; April 30, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the possession, use, and delivery of certain controlled
1-9 substances and volatile chemicals; providing penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 481.102, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
1-14 (1) the following opiates, including their isomers,
1-15 esters, ethers, salts, and salts of isomers, esters, and ethers,
1-16 unless specifically excepted, if the existence of these isomers,
1-17 esters, ethers, and salts is possible within the specific chemical
1-18 designation:
1-19 Alfentanil;
1-20 Allylprodine;
1-21 Alphacetylmethadol;
1-22 Benzethidine;
1-23 Betaprodine;
1-24 Clonitazene;
1-25 Diampromide;
1-26 Diethylthiambutene;
1-27 Difenoxin not listed in Penalty Group 3 or 4;
1-28 Dimenoxadol;
1-29 Dimethylthiambutene;
1-30 Dioxaphetyl butyrate;
1-31 Dipipanone;
1-32 Ethylmethylthiambutene;
1-33 Etonitazene;
1-34 Etoxeridine;
1-35 Furethidine;
1-36 Hydroxypethidine;
1-37 Ketobemidone;
1-38 Levophenacylmorphan;
1-39 Meprodine;
1-40 Methadol;
1-41 Moramide;
1-42 Morpheridine;
1-43 Noracymethadol;
1-44 Norlevorphanol;
1-45 Normethadone;
1-46 Norpipanone;
1-47 Phenadoxone;
1-48 Phenampromide;
1-49 Phenomorphan;
1-50 Phenoperidine;
1-51 Piritramide;
1-52 Proheptazine;
1-53 Properidine;
1-54 Propiram;
1-55 Sufentanil;
1-56 Tilidine; and
1-57 Trimeperidine;
1-58 (2) the following opium derivatives, their salts,
1-59 isomers, and salts of isomers, unless specifically excepted, if the
1-60 existence of these salts, isomers, and salts of isomers is possible
1-61 within the specific chemical designation:
1-62 Acetorphine;
1-63 Acetyldihydrocodeine;
1-64 Benzylmorphine;
2-1 Codeine methylbromide;
2-2 Codeine-N-Oxide;
2-3 Cyprenorphine;
2-4 Desomorphine;
2-5 Dihydromorphine;
2-6 Drotebanol;
2-7 Etorphine, except hydrochloride salt;
2-8 Heroin;
2-9 Hydromorphinol;
2-10 Methyldesorphine;
2-11 Methyldihydromorphine;
2-12 Monoacetylmorphine;
2-13 Morphine methylbromide;
2-14 Morphine methylsulfonate;
2-15 Morphine-N-Oxide;
2-16 Myrophine;
2-17 Nicocodeine;
2-18 Nicomorphine;
2-19 Normorphine;
2-20 Pholcodine; and
2-21 Thebacon;
2-22 (3) the following substances, however produced, except
2-23 those narcotic drugs listed in another group:
2-24 (A) Opium and opiate not listed in Penalty Group
2-25 3 or 4, and a salt, compound, derivative, or preparation of opium
2-26 or opiate, other than thebaine derived butorphanol, nalmefene and
2-27 its salts, naloxone and its salts, and naltrexone and its salts,
2-28 but including:
2-29 Codeine not listed in Penalty Group 3 or 4;
2-30 Ethylmorphine not listed in Penalty Group 3 or 4;
2-31 Granulated opium;
2-32 Hydrocodone not listed in Penalty Group 3;
2-33 Hydromorphone;
2-34 Metopon;
2-35 Morphine not listed in Penalty Group 3;
2-36 Opium extracts;
2-37 Opium fluid extracts;
2-38 Oxycodone;
2-39 Oxymorphone;
2-40 Powdered opium;
2-41 Raw opium;
2-42 Thebaine; and
2-43 Tincture of opium;
2-44 (B) a salt, compound, isomer, derivative, or
2-45 preparation of a substance that is chemically equivalent or
2-46 identical to a substance described by Paragraph (A), other than the
2-47 isoquinoline alkaloids of opium;
2-48 (C) Opium poppy and poppy straw;
2-49 (D) Cocaine, including:
2-50 (i) its salts, its optical, position, and
2-51 geometric isomers, and the salts of those isomers;
2-52 (ii) coca leaves and a salt, compound,
2-53 derivative, or preparation of coca leaves;
2-54 (iii) a salt, compound, derivative, or
2-55 preparation of a salt, compound, or derivative that is chemically
2-56 equivalent or identical to a substance described by Subparagraph
2-57 (i) or (ii), other than decocainized coca leaves or extractions of
2-58 coca leaves that do not contain cocaine or ecgonine; and
2-59 (E) concentrate of poppy straw, meaning the
2-60 crude extract of poppy straw in liquid, solid, or powder form that
2-61 contains the phenanthrine alkaloids of the opium poppy;
2-62 (4) the following opiates, including their isomers,
2-63 esters, ethers, salts, and salts of isomers, if the existence of
2-64 these isomers, esters, ethers, and salts is possible within the
2-65 specific chemical designation:
2-66 Acetyl-alpha-methylfentanyl
2-67 (N-1-(1-methyl-2-phenethyl)-4-piperidinyl-N-phenylacetamide);
2-68 Alpha-methylthiofentanyl
2-69 (N-1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-phenylpropanamide);
3-1 Alphaprodine;
3-2 Anileridine;
3-3 Beta-hydroxyfentanyl
3-4 (N-1-(2-hydroxy-2-phenethyl)-4-piperidinyl-N-phenylpropanamide);
3-5 Beta-hydroxy-3-methylfentanyl;
3-6 Bezitramide;
3-7 Carfentanil;
3-8 Dihydrocodeine not listed in Penalty Group 3 or
3-9 4;
3-10 Diphenoxylate not listed in Penalty Group 3 or 4;
3-11 Fentanyl or alpha-methylfentanyl, or any other
3-12 derivative of Fentanyl;
3-13 Isomethadone;
3-14 Levomethorphan;
3-15 Levorphanol;
3-16 Metazocine;
3-17 Methadone;
3-18 Methadone-Intermediate,
3-19 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
3-20 3-methylfentanyl(N-3-methyl-1-(2-phenylethyl)-
3-21 4-piperidyl-N-phenylpropanamide);
3-22 3-methylthiofentanyl(N-3-methyl-1-(2-thienyl)
3-23 ethyl-4-piperidinyl -N-phenylpropanamide);
3-24 Moramide-Intermediate, 2-methyl-3-morpholino-1,
3-25 1-diphenyl-propane-carboxylic acid;
3-26 Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
3-27 (2-phenylethyl)-4-piperidinylpropanamide);
3-28 PEPAP
3-29 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
3-30 Pethidine (Meperidine);
3-31 Pethidine-Intermediate-A,
3-32 4-cyano-1-methyl-4-phenylpiperidine;
3-33 Pethidine-Intermediate-B,
3-34 ethyl-4-phenylpiperidine-4 carboxylate;
3-35 Pethidine-Intermediate-C,
3-36 1-methyl-4-phenylpiperidine-4-carboxylic acid;
3-37 Phenazocine;
3-38 Piminodine;
3-39 Racemethorphan;
3-40 Racemorphan; and
3-41 Thiofentanyl(N-phenyl-N-1-(2-thienyl)ethyl-4-
3-42 piperidinyl-propanamide);
3-43 (5) Flunitrazepam (some trade or other names:
3-44 Rohypnol);
3-45 (6) Methamphetamine, including its salts, optical
3-46 isomers, and salts of optical isomers;
3-47 (7) Phenylacetone and methylamine, if possessed
3-48 together with intent to manufacture methamphetamine;
3-49 (8) Phencyclidine, including its salts; [and]
3-50 (9) Gamma hydroxybutyrate, including its salts; and
3-51 (10) Ketamine.
3-52 SECTION 2. Section 484.002, Health and Safety Code, is
3-53 amended to read as follows:
3-54 Sec. 484.002. VOLATILE CHEMICALS. In this chapter, the
3-55 following chemicals or their isomers are volatile chemicals:
3-56 (1) toluene;
3-57 (2) hexane;
3-58 (3) trichloroethylene;
3-59 (4) acetone;
3-60 (5) ethyl acetate;
3-61 (6) methyl ethyl ketone;
3-62 (7) trichloroethane;
3-63 (8) carbon tetrachloride;
3-64 (9) methanol;
3-65 (10) methyl isobutyl ketone;
3-66 (11) methyl cellosolve acetate;
3-67 (12) cyclohexanone;
3-68 (13) amyl nitrite;
3-69 (14) butyl nitrite;
4-1 (15) chloroform;
4-2 (16) diethyl ether;
4-3 (17) petroleum distillate;
4-4 (18) aliphatic hydrocarbons;
4-5 (19) chlorinated hydrocarbons;
4-6 (20) ketone solvent;
4-7 (21) glycol ether solvent;
4-8 (22) glycol ether inter solvent;
4-9 (23) xylol or xylene; [and]
4-10 (24) chlorofluorocarbons; and
4-11 (25) nitrous oxide.
4-12 SECTION 3. Section 484.003, Health and Safety Code, is
4-13 amended to read as follows:
4-14 Sec. 484.003. POSSESSION AND USE; CRIMINAL PENALTY. (a) A
4-15 person commits an offense if the person inhales, ingests, applies,
4-16 uses, or possesses a substance containing a volatile chemical other
4-17 than nitrous oxide with the intent to inhale, ingest, apply, or use
4-18 the substance in a manner:
4-19 (1) contrary to directions for use, cautions, or
4-20 warnings appearing on a label of a container of the substance; and
4-21 (2) designed to:
4-22 (A) affect the person's central nervous system;
4-23 (B) create or induce a condition of
4-24 intoxication, hallucination, or elation; or
4-25 (C) change, distort, or disturb the person's
4-26 eyesight, thinking process, balance, or coordination.
4-27 (b) A person commits an offense if the person inhales,
4-28 ingests, applies, uses, or possesses a substance containing nitrous
4-29 oxide with the intent to inhale, ingest, apply, or use the
4-30 substance in a manner designed to:
4-31 (1) affect the person's central nervous system;
4-32 (2) create or induce a condition of intoxication,
4-33 hallucination, or elation; or
4-34 (3) change, distort, or disturb the person's eyesight,
4-35 thinking process, balance, or coordination.
4-36 (c) An offense under this section is a Class B misdemeanor.
4-37 SECTION 4. Sections 484.005(a) and (b), Health and Safety
4-38 Code, are amended to read as follows:
4-39 (a) A person commits an offense if:
4-40 (1) the person intentionally, knowingly, or recklessly
4-41 sells or delivers a substance containing a volatile chemical to a
4-42 person younger than 18 years of age[;] and
4-43 [(2)] the substance is subject to special labeling
4-44 requirements concerning precautions against inhalation established
4-45 under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
4-46 et seq.) as that law existed on January 1, 1985, and the federal
4-47 regulations adopted under that Act (16 C.F.R. 1500.14) and in
4-48 effect on that date; or
4-49 (2) the person sells or delivers a substance
4-50 containing nitrous oxide to a person younger than 18 years of age
4-51 knowing that the person to whom the substance is sold or delivered
4-52 intends to inhale, ingest, apply, or use the substance in a manner
4-53 that constitutes an offense under Section 484.003.
4-54 (b) It is an affirmative defense to prosecution under this
4-55 section that the person to whom the substance was sold or delivered
4-56 exhibited to the defendant an apparently valid Texas driver's
4-57 license or an identification card issued by the Department of
4-58 Public Safety, containing a physical description consistent with
4-59 the person's appearance, that purported to establish that the
4-60 person was 18 [17] years of age or older.
4-61 SECTION 5. Section 22.021(a), Penal Code, is amended to read
4-62 as follows:
4-63 (a) A person commits an offense:
4-64 (1) if the person:
4-65 (A) intentionally or knowingly:
4-66 (i) causes the penetration of the anus or
4-67 female sexual organ of another person by any means, without that
4-68 person's consent;
4-69 (ii) causes the penetration of the mouth
5-1 of another person by the sexual organ of the actor, without that
5-2 person's consent; or
5-3 (iii) causes the sexual organ of another
5-4 person, without that person's consent, to contact or penetrate the
5-5 mouth, anus, or sexual organ of another person, including the
5-6 actor; or
5-7 (B) intentionally or knowingly:
5-8 (i) causes the penetration of the anus or
5-9 female sexual organ of a child by any means;
5-10 (ii) causes the penetration of the mouth
5-11 of a child by the sexual organ of the actor;
5-12 (iii) causes the sexual organ of a child
5-13 to contact or penetrate the mouth, anus, or sexual organ of another
5-14 person, including the actor;
5-15 (iv) causes the anus of a child to contact
5-16 the mouth, anus, or sexual organ of another person, including the
5-17 actor; or
5-18 (v) causes the mouth of a child to contact
5-19 the anus or sexual organ of another person, including the actor;
5-20 and
5-21 (2) if:
5-22 (A) the person:
5-23 (i) causes serious bodily injury or
5-24 attempts to cause the death of the victim or another person in the
5-25 course of the same criminal episode;
5-26 (ii) by acts or words places the victim in
5-27 fear that death, serious bodily injury, or kidnapping will be
5-28 imminently inflicted on any person;
5-29 (iii) by acts or words occurring in the
5-30 presence of the victim threatens to cause the death, serious bodily
5-31 injury, or kidnapping of any person;
5-32 (iv) uses or exhibits a deadly weapon in
5-33 the course of the same criminal episode;
5-34 (v) acts in concert with another who
5-35 engages in conduct described by Subdivision (1) directed toward the
5-36 same victim and occurring during the course of the same criminal
5-37 episode; or
5-38 (vi) administers or provides
5-39 flunitrazepam, otherwise known as rohypnol, [or] gamma
5-40 hydroxybutyrate, or ketamine to the victim of the offense with the
5-41 intent of facilitating the commission of the offense;
5-42 (B) the victim is younger than 14 years of age;
5-43 or
5-44 (C) the victim is 65 years of age or older.
5-45 SECTION 6. The change in law made by this Act applies only to
5-46 an offense committed on or after the effective date of this Act. An
5-47 offense committed before the effective date of this Act is covered
5-48 by the law in effect when the offense was committed, and the former
5-49 law is continued in effect for that purpose. For purposes of this
5-50 section, an offense was committed before the effective date of this
5-51 Act if any element of the offense occurred before that date.
5-52 SECTION 7. This Act takes effect September 1, 2001.
5-53 * * * * *