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.