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                                  * * * * *