1-1 By: Keffer, et al. (Senate Sponsor - Haywood) H.B. No. 3351
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of immediate precursors and certain
1-9 other chemicals used in the illicit manufacture of a controlled
1-10 substance; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 481.002(5), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (5) "Controlled substance" means a substance,
1-15 including a drug, an adulterant, and a dilutant, [and an immediate
1-16 precursor,] listed in Schedules I through V or Penalty Groups 1,
1-17 1-A, or 2 through 4. The term includes the aggregate weight of any
1-18 mixture, solution, or other substance containing a controlled
1-19 substance.
1-20 SECTION 2. Section 481.112(a), Health and Safety Code, is
1-21 amended to read as follows:
1-22 (a) Except as authorized by this chapter, a person commits
1-23 an offense if the person knowingly [or intentionally] manufactures,
1-24 delivers, or possesses with intent to [manufacture or] deliver a
1-25 controlled substance listed in Penalty Group 1.
1-26 SECTION 3. Section 481.1121(a), Health and Safety Code, is
1-27 amended to read as follows:
1-28 (a) Except as provided by this chapter, a person commits an
1-29 offense if the person knowingly manufactures, delivers, or
1-30 possesses with intent to [manufacture or] deliver a controlled
1-31 substance listed in Penalty Group 1-A.
1-32 SECTION 4. Section 481.113(a), Health and Safety Code, is
1-33 amended to read as follows:
1-34 (a) Except as authorized by this chapter, a person commits
1-35 an offense if the person knowingly [or intentionally] manufactures,
1-36 delivers, or possesses with intent to [manufacture or] deliver a
1-37 controlled substance listed in Penalty Group 2.
1-38 SECTION 5. Section 481.114(a), Health and Safety Code, is
1-39 amended to read as follows:
1-40 (a) Except as authorized by this chapter, a person commits
1-41 an offense if the person knowingly [or intentionally] manufactures,
1-42 delivers, or possesses with intent to [manufacture or] deliver a
1-43 controlled substance listed in Penalty Group 3 or 4.
1-44 SECTION 6. Section 481.119(a), Health and Safety Code, is
1-45 amended to read as follows:
1-46 (a) A person commits an offense if the person knowingly [or
1-47 intentionally] manufactures, delivers, or possesses with intent to
1-48 [manufacture or] deliver a controlled substance listed in a
1-49 schedule by an action of the commissioner under this chapter but
1-50 not listed in a penalty group. An offense under this subsection is
1-51 a Class A misdemeanor.
1-52 SECTION 7. Subchapter D, Chapter 481, Health and Safety Code,
1-53 is amended by adding Section 481.124 to read as follows:
1-54 Sec. 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN
1-55 CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE. (a) A
1-56 person commits an offense if, with intent to unlawfully manufacture
1-57 a controlled substance, the person possesses or transports:
1-58 (1) anhydrous ammonia;
1-59 (2) an immediate precursor; or
1-60 (3) a chemical substance subject to regulation under
1-61 Section 481.077.
1-62 (b) For purposes of this section, an intent to unlawfully
1-63 manufacture the controlled substance methamphetamine is presumed if
1-64 the actor possesses or transports:
2-1 (1) anhydrous ammonia in a container or receptacle
2-2 that is not designed and manufactured to lawfully hold or transport
2-3 anhydrous ammonia;
2-4 (2) lithium metal removed from a battery and immersed
2-5 in kerosene, mineral spirits, or similar liquid that prevents or
2-6 retards hydration; or
2-7 (3) in one container, vehicle, or building,
2-8 phenylacetic acid, or more than nine grams, three containers
2-9 packaged for retail sale, or 300 tablets or capsules of a product
2-10 containing ephedrine or pseudoephedrine, and:
2-11 (A) anhydrous ammonia;
2-12 (B) at least three of the following categories
2-13 of substances commonly used in the manufacture of methamphetamine:
2-14 (i) lithium or sodium metal or red
2-15 phosphorus, iodine, or iodine crystals;
2-16 (ii) lye, sulfuric acid, hydrochloric
2-17 acid, or muriatic acid;
2-18 (iii) an organic solvent, including ethyl
2-19 ether, alcohol, or acetone;
2-20 (iv) a petroleum distillate, including
2-21 naphtha, paint thinner, or charcoal lighter fluid; or
2-22 (v) aquarium, rock, or table salt; or
2-23 (C) at least three items of equipment subject to
2-24 regulation under Section 481.080, if the person is not registered
2-25 under Section 481.063.
2-26 (c) For purposes of this section, a substance is presumed to
2-27 be anhydrous ammonia if the substance is in a container or
2-28 receptacle that is:
2-29 (1) designed and manufactured to lawfully hold or
2-30 transport anhydrous ammonia; or
2-31 (2) not designed and manufactured to lawfully hold or
2-32 transport anhydrous ammonia, if:
2-33 (A) a properly administered field test of the
2-34 substance using a testing device or instrument designed and
2-35 manufactured for that purpose produces a positive result for
2-36 anhydrous ammonia; or
2-37 (B) a laboratory test of a water solution of the
2-38 substance produces a positive result for ammonia.
2-39 (d) An offense under this section is:
2-40 (1) a felony of the second degree if the controlled
2-41 substance is listed in Penalty Group 1 or 1-A;
2-42 (2) a felony of the third degree if the controlled
2-43 substance is listed in Penalty Group 2;
2-44 (3) a state jail felony if the controlled substance is
2-45 listed in Penalty Group 3 or 4; or
2-46 (4) a Class A misdemeanor if the controlled substance
2-47 is listed in a schedule by an action of the commissioner under this
2-48 chapter but not listed in a penalty group.
2-49 (e) If conduct constituting an offense under this section
2-50 also constitutes an offense under another section of this code, the
2-51 actor may be prosecuted under either section or under both
2-52 sections.
2-53 SECTION 8. Section 504.001(b), Health and Safety Code, is
2-54 amended to read as follows:
2-55 (b) An offense under this section is a [state jail] felony
2-56 of the third degree.
2-57 SECTION 9. Section 504.002(b), Health and Safety Code, is
2-58 amended to read as follows:
2-59 (b) An offense under this section is a [state jail] felony
2-60 of the third degree.
2-61 SECTION 10. Section 551.003(11), Occupations Code, is amended
2-62 to read as follows:
2-63 (11) "Controlled substance" means a substance,
2-64 including a drug [or immediate precursor]:
2-65 (A) listed in Schedule I, II, III, IV, or V, as
2-66 established by the commissioner of public health under Chapter 481,
2-67 Health and Safety Code, or in Penalty Group 1, 1-A, 2, 3, or 4,
2-68 Chapter 481; or
2-69 (B) included in Schedule I, II, III, IV, or V of
3-1 the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
3-2 U.S.C. Section 801 et seq.).
3-3 SECTION 11. The change in law made by this Act applies only
3-4 to an offense committed on or after the effective date of this Act.
3-5 An offense committed before the effective date of this Act is
3-6 covered by the law in effect when the offense was committed, and
3-7 the former law is continued in effect for that purpose. For
3-8 purposes of this section, an offense was committed before the
3-9 effective date of this Act if any element of the offense occurred
3-10 before that date.
3-11 SECTION 12. This Act takes effect September 1, 2001.
3-12 * * * * *