By Keffer, Clark                                       H.B. No. 238
         77R1090 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to amending the definition of "manufacture" in the
 1-3     Controlled Substances Act and to defining the possession of the
 1-4     components of methamphetamine as an offense under that Act.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 481.002, Health and Safety Code, is
 1-7     amended by amending Subdivision (25) to read as follows:
 1-8                 (25)  "Manufacture" means the production,
 1-9     [preparation,] propagation, compounding, conversion, [or]
1-10     processing, or the preparation for production, propagation,
1-11     compounding, conversion, or processing of a controlled substance
1-12     other than marihuana, directly or indirectly by extraction from
1-13     substances of natural origin, independently by means of chemical
1-14     synthesis, or by a combination of extraction and chemical
1-15     synthesis, and includes the packaging or repackaging of the
1-16     substance or labeling or relabeling of its container.  However, the
1-17     term does not include the preparation, compounding, packaging, or
1-18     labeling of a controlled substance:
1-19                       (A)  by a practitioner as an incident to the
1-20     practitioner's administering or dispensing a controlled substance
1-21     in the course of professional practice;  or
1-22                       (B)  by a practitioner, or by an authorized agent
1-23     under the supervision of the practitioner, for or as an incident to
1-24     research, teaching, or chemical analysis and not for delivery.
 2-1           SECTION 2.  Subchapter D, Chapter 481, Health and Safety
 2-2     Code, is amended by adding Section 481.109 to read as follows:
 2-3           Sec. 481.109.  OFFENSE: POSSESSION OF COMPONENTS OF OR
 2-4     SUBSTANCES USED TO MANUFACTURE METHAMPHETAMINE.  (a) A person
 2-5     commits an offense if with the intent to manufacture
 2-6     methamphetamine the person knowingly possesses:
 2-7                 (1)  a substantial number of the components necessary
 2-8     to manufacture methamphetamine; or
 2-9                 (2)  a substance commonly used or produced primarily
2-10     for use in the manufacture of methamphetamine.
2-11           (b)  An offense under this section is a felony of the third
2-12     degree.
2-13           SECTION 3.  The change in law made by Section 1 of this Act
2-14     applies only to an offense committed on or after the effective date
2-15     of this Act.  An offense committed before the effective date of
2-16     this Act is covered by the law in effect when the offense was
2-17     committed, and the former law is continued in effect for that
2-18     purpose.  For purposes of this section, an offense was committed
2-19     before the effective date of this Act if any element of the offense
2-20     occurred before that date.
2-21           SECTION 4.  This Act takes effect September 1, 2001.