By Keffer H.B. No. 3351
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of possession of certain
1-3 chemicals with intent to manufacture a controlled substance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 481.002, Health and Safety Code, is
1-6 amended by amending Subdivision (5) to read as follows:
1-7 (5) "Controlled substance" means a substance, including a
1-8 drug, an adulterant, and a dilutant, [and an immediate precursor,]
1-9 listed in Schedules I through V or Penalty Groups 1, 1-A, or 2
1-10 through 4. The term includes the aggregate weight of any mixture,
1-11 solution, or other substance containing a controlled substance,
1-12 regardless of the existence of a fully or partially completed
1-13 chemical process.
1-14 SECTION 2. Section 481.112, Health and Safety Code, is
1-15 amended by amending Subsection (a) 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, Health and Safety Code, is
1-21 amended by amending Subsection (a) to read as follows:
1-22 (a) Except as provided by this chapter, a person commits an
1-23 offense if the person knowingly or intentionally manufactures,
2-1 delivers, or possesses with intent to [manufacture or] deliver a
2-2 controlled substance listed in Penalty Group 1-A.
2-3 SECTION 4. Section 481.113, Health and Safety Code, is
2-4 amended by amending Subsection (a) to read as follows:
2-5 (a) Except as authorized by this chapter, a person commits
2-6 an offense if the person knowingly or intentionally manufactures,
2-7 delivers, or possesses with intent to [manufacture or] deliver a
2-8 controlled substance listed in Penalty Group 2.
2-9 SECTION 5. Section 481.114, Health and Safety Code, is
2-10 amended by amending Subsection (a) to read as follows:
2-11 (a) Except as authorized by this chapter, a person commits
2-12 an offense if the person knowingly or intentionally manufactures,
2-13 delivers, or possesses with intent to [manufacture or] deliver a
2-14 controlled substance listed in Penalty Group 3 or 4.
2-15 SECTION 6. Section 481.119, Health and Safety Code, is
2-16 amended by amending Subsection (a) to read as follows:
2-17 (a) A person commits an offense if the person knowingly or
2-18 intentionally manufactures, delivers, or possesses with intent to
2-19 [manufacture or] deliver a controlled substance listed in a
2-20 schedule by an action of the commissioner under this chapter but
2-21 not listed in a penalty group. An offense under this subsection is
2-22 a Class A misdemeanor.
2-23 SECTION 7. Chapter 481, Health and Safety Code, is amended by
2-24 adding Section 481.124 to read as follows:
2-25 Sec. 481.124. OFFENSE: POSSESSION WITH INTENT TO MANUFACTURE
2-26 A CONTROLLED SUBSTANCE. (a) A person commits an offense if, with
3-1 intent to manufacture a controlled substance unlawfully, the person
3-2 possesses or transports:
3-3 (1) anhydrous ammonia;
3-4 (2) an immediate precursor; or
3-5 (3) a chemical precursor or other regulated substance
3-6 added to the list of chemical precursors by the director under
3-7 Section 481.077(b).
3-8 (b) This section does not apply to a person whose conduct is
3-9 authorized by this chapter or who is engaged in lawful commerce.
3-10 (c) Intent to manufacture methamphetamine is presumed if the
3-11 actor:
3-12 (1) possessed or transported anhydrous ammonia in an
3-13 unlawful container;
3-14 (2) possessed or transported lithium metal removed
3-15 from a battery and immersed in kerosene, mineral spirits, or
3-16 similar liquid used to prevent or retard hydration; or
3-17 (3) possessed or transported in one vehicle,
3-18 container, or building:
3-19 (A) phenylacetic acid or more than the threshold
3-20 amount of a product containing one of the following precursor
3-21 chemicals without a permit:
3-22 (i) ephedrine; or
3-23 (ii) pseudoephedrine; and
3-24 (B) anhydrous ammonia or three or more of the
3-25 following substances commonly used or produced for use in the
3-26 illicit manufacture of methamphetamine:
4-1 (i) lithium or sodium metal;
4-2 (ii) lye, sulfuric acid or hydrochloric
4-3 acid;
4-4 (iii) an organic solvent, including ethyl
4-5 ether, alcohol, or acetone;
4-6 (iv) a pertroleum distillate, including
4-7 naphtha, paint thinner, or charcoal lighter fluid; or
4-8 (v) aquarium, rock, or table salt; or
4-9 (C) three or more items of chemical laboratory
4-10 apparatus or other regulated item added to the list of chemical
4-11 laboratory apparatus by the director under Section 481.080(c)
4-12 without a permit.
4-13 (d) A substance is presumed to be anhydrous ammonia if the
4-14 substance is in:
4-15 (1) a proper container marked as anhydrous ammonia; or
4-16 (2) a container in which anhydrous ammonia may not be
4-17 lawfully possessed and:
4-18 (A) a proper commercially prepared field test of
4-19 the substance produces a positive test for anhydrous ammonia; or
4-20 (B) a laboratory test of a water solution of the
4-21 substance produces a positive test for ammonia.
4-22 (e) In this section:
4-23 (1) "Commercial package" means a container packaged
4-24 for retail sale to a consumer.
4-25 (2) "Threshold amount" means more than nine grams or,
4-26 if less than nine grams, more than:
5-1 (A) three commercial packages; or
5-2 (B) 300 pills, tablets, or capsules.
5-3 (f) An offense under this section is:
5-4 (1) a Class A misdemeanor if the controlled substance
5-5 is listed in a schedule by an action of the commissioner under this
5-6 chapter but not listed in a penalty group;
5-7 (2) a state jail felony if the controlled substance is
5-8 listed in Penalty Group 3 or 4;
5-9 (3) a felony of the third if the controlled substance
5-10 is listed in Penalty Group 2; and
5-11 (4) a felony of the second degree if the controlled
5-12 substance is listed in Penalty Group 1 or 1-A.
5-13 SECTION 8. Section 551.003, Occupations Code, is amended by
5-14 amending Subdivision (11) 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 9. Section 504.001, Health and Safety Code, is
5-25 repealed.
5-26 SECTION 10. This Act takes effect September 1, 2001.
6-1 SECTION 11. (a) The change in law made by this Act applies
6-2 only to an offense committed on or after the effective date of this
6-3 Act. For purposes of this section, an offense is committed before
6-4 the effective date of this Act if any element of the offense occurs
6-5 before the effective date.
6-6 (b) An offense committed before the effective date of this
6-7 Act is covered by the law in effect when the offense was committed,
6-8 and the former law is continued in effect for this purpose.