77R10969 YDB-D
By Keffer, Homer, Clark, Turner of Coleman H.B. No. 3351
Substitute the following for H.B. No. 3351:
By Hinojosa C.S.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
2-1 substance listed in Penalty Group 1-A.
2-2 SECTION 4. Section 481.113(a), Health and Safety Code, is
2-3 amended to read as follows:
2-4 (a) Except as authorized by this chapter, a person commits
2-5 an offense if the person knowingly [or intentionally] manufactures,
2-6 delivers, or possesses with intent to [manufacture or] deliver a
2-7 controlled substance listed in Penalty Group 2.
2-8 SECTION 5. Section 481.114(a), Health and Safety Code, is
2-9 amended to read as follows:
2-10 (a) Except as authorized by this chapter, a person commits
2-11 an offense if the person knowingly [or intentionally] manufactures,
2-12 delivers, or possesses with intent to [manufacture or] deliver a
2-13 controlled substance listed in Penalty Group 3 or 4.
2-14 SECTION 6. Section 481.119(a), Health and Safety Code, is
2-15 amended to read as follows:
2-16 (a) A person commits an offense if the person knowingly [or
2-17 intentionally] manufactures, delivers, or possesses with intent to
2-18 [manufacture or] deliver a controlled substance listed in a
2-19 schedule by an action of the commissioner under this chapter but
2-20 not listed in a penalty group. An offense under this subsection is
2-21 a Class A misdemeanor.
2-22 SECTION 7. Subchapter D, Chapter 481, Health and Safety Code,
2-23 is amended by adding Section 481.124 to read as follows:
2-24 Sec. 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN
2-25 CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE. (a) A
2-26 person commits an offense if, with intent to unlawfully manufacture
2-27 a controlled substance, the person possesses or transports:
3-1 (1) anhydrous ammonia;
3-2 (2) an immediate precursor; or
3-3 (3) a chemical substance subject to regulation under
3-4 Section 481.077.
3-5 (b) For purposes of this section, an intent to unlawfully
3-6 manufacture the controlled substance methamphetamine is presumed if
3-7 the actor possesses or transports:
3-8 (1) anhydrous ammonia in a container or receptacle
3-9 that is not designed and manufactured to lawfully hold or transport
3-10 anhydrous ammonia;
3-11 (2) lithium metal removed from a battery and immersed
3-12 in kerosene, mineral spirits, or similar liquid that prevents or
3-13 retards hydration; or
3-14 (3) in one container, vehicle, or building,
3-15 phenylacetic acid, or more than nine grams, three containers
3-16 packaged for retail sale, or 300 tablets or capsules of a product
3-17 containing ephedrine or pseudoephedrine, and:
3-18 (A) anhydrous ammonia;
3-19 (B) at least three of the following categories
3-20 of substances commonly used in the manufacture of methamphetamine:
3-21 (i) lithium or sodium metal or red
3-22 phosphorus, iodine, or iodine crystals;
3-23 (ii) lye, sulfuric acid, hydrochloric
3-24 acid, or muriatic acid;
3-25 (iii) an organic solvent, including ethyl
3-26 ether, alcohol, or acetone;
3-27 (iv) a petroleum distillate, including
4-1 naphtha, paint thinner, or charcoal lighter fluid; or
4-2 (v) aquarium, rock, or table salt; or
4-3 (C) at least three items of equipment subject to
4-4 regulation under Section 481.080, if the person is not registered
4-5 under Section 481.063.
4-6 (c) For purposes of this section, a substance is presumed to
4-7 be anhydrous ammonia if the substance is in a container or
4-8 receptacle that is:
4-9 (1) designed and manufactured to lawfully hold or
4-10 transport anhydrous ammonia; or
4-11 (2) not designed and manufactured to lawfully hold or
4-12 transport anhydrous ammonia, if:
4-13 (A) a properly administered field test of the
4-14 substance using a testing device or instrument designed and
4-15 manufactured for that purpose produces a positive result for
4-16 anhydrous ammonia; or
4-17 (B) a laboratory test of a water solution of the
4-18 substance produces a positive result for ammonia.
4-19 (d) An offense under this section is:
4-20 (1) a felony of the second degree if the controlled
4-21 substance is listed in Penalty Group 1 or 1-A;
4-22 (2) a felony of the third degree if the controlled
4-23 substance is listed in Penalty Group 2;
4-24 (3) a state jail felony if the controlled substance is
4-25 listed in Penalty Group 3 or 4; or
4-26 (4) a Class A misdemeanor if the controlled substance
4-27 is listed in a schedule by an action of the commissioner under this
5-1 chapter but not listed in a penalty group.
5-2 (e) If conduct constituting an offense under this section
5-3 also constitutes an offense under another section of this code, the
5-4 actor may be prosecuted under either section or under both
5-5 sections.
5-6 SECTION 8. Section 551.003(11), Occupations Code, is amended
5-7 to read as follows:
5-8 (11) "Controlled substance" means a substance,
5-9 including a drug [or immediate precursor]:
5-10 (A) listed in Schedule I, II, III, IV, or V, as
5-11 established by the commissioner of public health under Chapter 481,
5-12 Health and Safety Code, or in Penalty Group 1, 1-A, 2, 3, or 4,
5-13 Chapter 481; or
5-14 (B) included in Schedule I, II, III, IV, or V of
5-15 the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
5-16 U.S.C. Section 801 et seq.).
5-17 SECTION 9. The change in law made by this Act applies only to
5-18 an offense committed on or after the effective date of this Act. An
5-19 offense committed before the effective date of this Act is covered
5-20 by the law in effect when the offense was committed, and the former
5-21 law is continued in effect for that purpose. For purposes of this
5-22 section, an offense was committed before the effective date of this
5-23 Act if any element of the offense occurred before that date.
5-24 SECTION 10. This Act takes effect September 1, 2001.