By Keffer, Homer, Clark, Turner of Coleman, H.B. No. 3351
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of immediate precursors and certain
1-3 other chemicals used in the illicit manufacture of a controlled
1-4 substance; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 481.002(5), Health and Safety Code, is
1-7 amended to read as follows:
1-8 (5) "Controlled substance" means a substance,
1-9 including a drug, an adulterant, and a dilutant, [and an immediate
1-10 precursor,] listed in Schedules I through V or Penalty Groups 1,
1-11 1-A, or 2 through 4. The term includes the aggregate weight of any
1-12 mixture, solution, or other substance containing a controlled
1-13 substance.
1-14 SECTION 2. Section 481.112(a), Health and Safety Code, is
1-15 amended to read as follows:
1-16 (a) Except as authorized by this chapter, a person commits
1-17 an offense if the person knowingly [or intentionally] manufactures,
1-18 delivers, or possesses with intent to [manufacture or] deliver a
1-19 controlled substance listed in Penalty Group 1.
1-20 SECTION 3. Section 481.1121(a), Health and Safety Code, is
1-21 amended to read as follows:
1-22 (a) Except as provided by this chapter, a person commits an
1-23 offense if the person knowingly manufactures, delivers, or
1-24 possesses with intent to [manufacture or] deliver a controlled
1-25 substance listed in Penalty Group 1-A.
2-1 SECTION 4. Section 481.113(a), Health and Safety Code, is
2-2 amended to read as follows:
2-3 (a) Except as authorized by this chapter, a person commits
2-4 an offense if the person knowingly [or intentionally] manufactures,
2-5 delivers, or possesses with intent to [manufacture or] deliver a
2-6 controlled substance listed in Penalty Group 2.
2-7 SECTION 5. Section 481.114(a), Health and Safety Code, is
2-8 amended to read as follows:
2-9 (a) Except as authorized by this chapter, a person commits
2-10 an offense if the person knowingly [or intentionally] manufactures,
2-11 delivers, or possesses with intent to [manufacture or] deliver a
2-12 controlled substance listed in Penalty Group 3 or 4.
2-13 SECTION 6. Section 481.119(a), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (a) A person commits an offense if the person knowingly [or
2-16 intentionally] manufactures, delivers, or possesses with intent to
2-17 [manufacture or] deliver a controlled substance listed in a
2-18 schedule by an action of the commissioner under this chapter but
2-19 not listed in a penalty group. An offense under this subsection is
2-20 a Class A misdemeanor.
2-21 SECTION 7. Subchapter D, Chapter 481, Health and Safety Code,
2-22 is amended by adding Section 481.124 to read as follows:
2-23 Sec. 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN
2-24 CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE. (a) A
2-25 person commits an offense if, with intent to unlawfully manufacture
2-26 a controlled substance, the person possesses or transports:
2-27 (1) anhydrous ammonia;
3-1 (2) an immediate precursor; or
3-2 (3) a chemical substance subject to regulation under
3-3 Section 481.077.
3-4 (b) For purposes of this section, an intent to unlawfully
3-5 manufacture the controlled substance methamphetamine is presumed if
3-6 the actor possesses or transports:
3-7 (1) anhydrous ammonia in a container or receptacle
3-8 that is not designed and manufactured to lawfully hold or transport
3-9 anhydrous ammonia;
3-10 (2) lithium metal removed from a battery and immersed
3-11 in kerosene, mineral spirits, or similar liquid that prevents or
3-12 retards hydration; or
3-13 (3) in one container, vehicle, or building,
3-14 phenylacetic acid, or more than nine grams, three containers
3-15 packaged for retail sale, or 300 tablets or capsules of a product
3-16 containing ephedrine or pseudoephedrine, and:
3-17 (A) anhydrous ammonia;
3-18 (B) at least three of the following categories
3-19 of substances commonly used in the manufacture of methamphetamine:
3-20 (i) lithium or sodium metal or red
3-21 phosphorus, iodine, or iodine crystals;
3-22 (ii) lye, sulfuric acid, hydrochloric
3-23 acid, or muriatic acid;
3-24 (iii) an organic solvent, including ethyl
3-25 ether, alcohol, or acetone;
3-26 (iv) a petroleum distillate, including
3-27 naphtha, paint thinner, or charcoal lighter fluid; or
4-1 (v) aquarium, rock, or table salt; or
4-2 (C) at least three items of equipment subject to
4-3 regulation under Section 481.080, if the person is not registered
4-4 under Section 481.063.
4-5 (c) For purposes of this section, a substance is presumed to
4-6 be anhydrous ammonia if the substance is in a container or
4-7 receptacle that is:
4-8 (1) designed and manufactured to lawfully hold or
4-9 transport anhydrous ammonia; or
4-10 (2) not designed and manufactured to lawfully hold or
4-11 transport anhydrous ammonia, if:
4-12 (A) a properly administered field test of the
4-13 substance using a testing device or instrument designed and
4-14 manufactured for that purpose produces a positive result for
4-15 anhydrous ammonia; or
4-16 (B) a laboratory test of a water solution of the
4-17 substance produces a positive result for ammonia.
4-18 (d) An offense under this section is:
4-19 (1) a felony of the second degree if the controlled
4-20 substance is listed in Penalty Group 1 or 1-A;
4-21 (2) a felony of the third degree if the controlled
4-22 substance is listed in Penalty Group 2;
4-23 (3) a state jail felony if the controlled substance is
4-24 listed in Penalty Group 3 or 4; or
4-25 (4) a Class A misdemeanor if the controlled substance
4-26 is listed in a schedule by an action of the commissioner under this
4-27 chapter but not listed in a penalty group.
5-1 (e) If conduct constituting an offense under this section
5-2 also constitutes an offense under another section of this code, the
5-3 actor may be prosecuted under either section or under both
5-4 sections.
5-5 SECTION 8. Section 504.001(b), Health and Safety Code, is
5-6 amended to read as follows:
5-7 (b) An offense under this section is a [state jail] felony
5-8 of the third degree.
5-9 SECTION 9. Section 504.002(b), Health and Safety Code, is
5-10 amended to read as follows:
5-11 (b) An offense under this section is a [state jail] felony
5-12 of the third degree.
5-13 SECTION 10. Section 551.003(11), Occupations Code, is amended
5-14 to read as follows:
5-15 (11) "Controlled substance" means a substance,
5-16 including a drug [or immediate precursor]:
5-17 (A) listed in Schedule I, II, III, IV, or V, as
5-18 established by the commissioner of public health under Chapter 481,
5-19 Health and Safety Code, or in Penalty Group 1, 1-A, 2, 3, or 4,
5-20 Chapter 481; or
5-21 (B) included in Schedule I, II, III, IV, or V of
5-22 the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
5-23 U.S.C. Section 801 et seq.).
5-24 SECTION 11. The change in law made by this Act applies only
5-25 to an offense committed on or after the effective date of this Act.
5-26 An offense committed before the effective date of this Act is
5-27 covered by the law in effect when the offense was committed, and
6-1 the former law is continued in effect for that purpose. For
6-2 purposes of this section, an offense was committed before the
6-3 effective date of this Act if any element of the offense occurred
6-4 before that date.
6-5 SECTION 12. This Act takes effect September 1, 2001.