By Cain S.B. No. 106
77R329 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the possession, use, and delivery of certain controlled
1-3 substances and volatile chemicals; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 481.102, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
1-8 (1) the following opiates, including their isomers,
1-9 esters, ethers, salts, and salts of isomers, esters, and ethers,
1-10 unless specifically excepted, if the existence of these isomers,
1-11 esters, ethers, and salts is possible within the specific chemical
1-12 designation:
1-13 Alfentanil;
1-14 Allylprodine;
1-15 Alphacetylmethadol;
1-16 Benzethidine;
1-17 Betaprodine;
1-18 Clonitazene;
1-19 Diampromide;
1-20 Diethylthiambutene;
1-21 Difenoxin not listed in Penalty Group 3 or 4;
1-22 Dimenoxadol;
1-23 Dimethylthiambutene;
1-24 Dioxaphetyl butyrate;
2-1 Dipipanone;
2-2 Ethylmethylthiambutene;
2-3 Etonitazene;
2-4 Etoxeridine;
2-5 Furethidine;
2-6 Hydroxypethidine;
2-7 Ketobemidone;
2-8 Levophenacylmorphan;
2-9 Meprodine;
2-10 Methadol;
2-11 Moramide;
2-12 Morpheridine;
2-13 Noracymethadol;
2-14 Norlevorphanol;
2-15 Normethadone;
2-16 Norpipanone;
2-17 Phenadoxone;
2-18 Phenampromide;
2-19 Phenomorphan;
2-20 Phenoperidine;
2-21 Piritramide;
2-22 Proheptazine;
2-23 Properidine;
2-24 Propiram;
2-25 Sufentanil;
2-26 Tilidine; and
2-27 Trimeperidine;
3-1 (2) the following opium derivatives, their salts,
3-2 isomers, and salts of isomers, unless specifically excepted, if the
3-3 existence of these salts, isomers, and salts of isomers is possible
3-4 within the specific chemical designation:
3-5 Acetorphine;
3-6 Acetyldihydrocodeine;
3-7 Benzylmorphine;
3-8 Codeine methylbromide;
3-9 Codeine-N-Oxide;
3-10 Cyprenorphine;
3-11 Desomorphine;
3-12 Dihydromorphine;
3-13 Drotebanol;
3-14 Etorphine, except hydrochloride salt;
3-15 Heroin;
3-16 Hydromorphinol;
3-17 Methyldesorphine;
3-18 Methyldihydromorphine;
3-19 Monoacetylmorphine;
3-20 Morphine methylbromide;
3-21 Morphine methylsulfonate;
3-22 Morphine-N-Oxide;
3-23 Myrophine;
3-24 Nicocodeine;
3-25 Nicomorphine;
3-26 Normorphine;
3-27 Pholcodine; and
4-1 Thebacon;
4-2 (3) the following substances, however produced, except
4-3 those narcotic drugs listed in another group:
4-4 (A) Opium and opiate not listed in Penalty Group
4-5 3 or 4, and a salt, compound, derivative, or preparation of opium
4-6 or opiate, other than thebaine derived butorphanol, nalmefene and
4-7 its salts, naloxone and its salts, and naltrexone and its salts,
4-8 but including:
4-9 Codeine not listed in Penalty Group 3 or 4;
4-10 Ethylmorphine not listed in Penalty Group 3 or 4;
4-11 Granulated opium;
4-12 Hydrocodone not listed in Penalty Group 3;
4-13 Hydromorphone;
4-14 Metopon;
4-15 Morphine not listed in Penalty Group 3;
4-16 Opium extracts;
4-17 Opium fluid extracts;
4-18 Oxycodone;
4-19 Oxymorphone;
4-20 Powdered opium;
4-21 Raw opium;
4-22 Thebaine; and
4-23 Tincture of opium;
4-24 (B) a salt, compound, isomer, derivative, or
4-25 preparation of a substance that is chemically equivalent or
4-26 identical to a substance described by Paragraph (A), other than the
4-27 isoquinoline alkaloids of opium;
5-1 (C) Opium poppy and poppy straw;
5-2 (D) Cocaine, including:
5-3 (i) its salts, its optical, position, and
5-4 geometric isomers, and the salts of those isomers;
5-5 (ii) coca leaves and a salt, compound,
5-6 derivative, or preparation of coca leaves;
5-7 (iii) a salt, compound, derivative, or
5-8 preparation of a salt, compound, or derivative that is chemically
5-9 equivalent or identical to a substance described by Subparagraph
5-10 (i) or (ii), other than decocainized coca leaves or extractions of
5-11 coca leaves that do not contain cocaine or ecgonine; and
5-12 (E) concentrate of poppy straw, meaning the
5-13 crude extract of poppy straw in liquid, solid, or powder form that
5-14 contains the phenanthrine alkaloids of the opium poppy
5-15 (4) the following opiates, including their isomers,
5-16 esters, ethers, salts, and salts of isomers, if the existence of
5-17 these isomers, esters, ethers, and salts is possible within the
5-18 specific chemical designation:
5-19 Acetyl-alpha-methylfentanyl
5-20 (N-1-(1-methyl-2-phenethyl)-4-piperidinyl-N-phenylacetamide);
5-21 Alpha-methylthiofentanyl
5-22 (N-1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-phenylpropanamide);
5-23 Alphaprodine;
5-24 Anileridine;
5-25 Beta-hydroxyfentanyl
5-26 (N-1-(2-hydroxy-2-phenethyl)-4-piperidinyl-N-phenylpropanamide);
5-27 Beta-hydroxy-3-methylfentanyl;
6-1 Bezitramide;
6-2 Carfentanil;
6-3 Dihydrocodeine not listed in Penalty Group 3 or
6-4 4;
6-5 Diphenoxylate not listed in Penalty Group 3 or 4;
6-6 Fentanyl or alpha-methylfentanyl, or any other
6-7 derivative of Fentanyl;
6-8 Isomethadone;
6-9 Levomethorphan;
6-10 Levorphanol;
6-11 Metazocine;
6-12 Methadone;
6-13 Methadone-Intermediate,
6-14 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
6-15 3-methylfentanyl(N-3-methyl-1-(2-phenylethyl)-
6-16 4-piperidyl-N-phenylpropanamide);
6-17 3-methylthiofentanyl(N-3-methyl-1-(2-thienyl)
6-18 ethyl-4-piperidinyl -N-phenylpropanamide);
6-19 Moramide-Intermediate, 2-methyl-3-morpholino-1,
6-20 1-diphenyl-propane-carboxylic acid;
6-21 Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
6-22 (2-phenylethyl)-4-piperidinylpropanamide);
6-23 PEPAP
6-24 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
6-25 Pethidine (Meperidine);
6-26 Pethidine-Intermediate-A,
6-27 4-cyano-1-methyl-4-phenylpiperidine;
7-1 Pethidine-Intermediate-B,
7-2 ethyl-4-phenylpiperidine-4 carboxylate;
7-3 Pethidine-Intermediate-C,
7-4 1-methyl-4-phenylpiperidine-4-carboxylic acid;
7-5 Phenazocine;
7-6 Piminodine;
7-7 Racemethorphan;
7-8 Racemorphan; and
7-9 Thiofentanyl(N-phenyl-N-1-(2-thienyl)ethyl-4-
7-10 piperidinyl-propanamide);
7-11 (5) Flunitrazepam (some trade or other names:
7-12 Rohypnol);
7-13 (6) Methamphetamine, including its salts, optical
7-14 isomers, and salts of optical isomers;
7-15 (7) Phenylacetone and methylamine, if possessed
7-16 together with intent to manufacture methamphetamine;
7-17 (8) Phencyclidine, including its salts; [and]
7-18 (9) Gamma hydroxybutyrate, including its salts; and
7-19 (10) Ketamine.
7-20 SECTION 2. Section 484.002, Health and Safety Code, is
7-21 amended to read as follows:
7-22 Sec. 484.002. VOLATILE CHEMICALS. In this chapter, the
7-23 following chemicals or their isomers are volatile chemicals:
7-24 (1) toluene;
7-25 (2) hexane;
7-26 (3) trichloroethylene;
7-27 (4) acetone;
8-1 (5) ethyl acetate;
8-2 (6) methyl ethyl ketone;
8-3 (7) trichloroethane;
8-4 (8) carbon tetrachloride;
8-5 (9) methanol;
8-6 (10) methyl isobutyl ketone;
8-7 (11) methyl cellosolve acetate;
8-8 (12) cyclohexanone;
8-9 (13) amyl nitrite;
8-10 (14) butyl nitrite;
8-11 (15) chloroform;
8-12 (16) diethyl ether;
8-13 (17) petroleum distillate;
8-14 (18) aliphatic hydrocarbons;
8-15 (19) chlorinated hydrocarbons;
8-16 (20) ketone solvent;
8-17 (21) glycol ether solvent;
8-18 (22) glycol ether inter solvent;
8-19 (23) xylol or xylene; [and]
8-20 (24) chlorofluorocarbons; and
8-21 (25) nitrous oxide.
8-22 SECTION 3. Section 484.003, Health and Safety Code, is
8-23 amended to read as follows:
8-24 Sec. 484.003. POSSESSION AND USE; CRIMINAL PENALTY. (a) A
8-25 person commits an offense if the person inhales, ingests, applies,
8-26 uses, or possesses a substance containing a volatile chemical other
8-27 than nitrous oxide with the intent to inhale, ingest, apply, or use
9-1 the substance in a manner:
9-2 (1) contrary to directions for use, cautions, or
9-3 warnings appearing on a label of a container of the substance; and
9-4 (2) designed to:
9-5 (A) affect the person's central nervous system;
9-6 (B) create or induce a condition of
9-7 intoxication, hallucination, or elation; or
9-8 (C) change, distort, or disturb the person's
9-9 eyesight, thinking process, balance, or coordination.
9-10 (b) A person commits an offense if the person inhales,
9-11 ingests, applies, uses, or possesses a substance containing nitrous
9-12 oxide with the intent to inhale, ingest, apply, or use the
9-13 substance in a manner designed to:
9-14 (1) affect the person's central nervous system;
9-15 (2) create or induce a condition of intoxication,
9-16 hallucination, or elation; or
9-17 (3) change, distort, or disturb the person's eyesight,
9-18 thinking process, balance, or coordination.
9-19 (c) An offense under this section is a Class B misdemeanor.
9-20 SECTION 4. Sections 484.005(a) and (b), Health and Safety
9-21 Code, are amended to read as follows:
9-22 (a) A person commits an offense if:
9-23 (1) the person intentionally, knowingly, or recklessly
9-24 sells or delivers a substance containing a volatile chemical to a
9-25 person younger than 18 years of age[;] and
9-26 [(2)] the substance is subject to special labeling
9-27 requirements concerning precautions against inhalation established
10-1 under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
10-2 et seq.) as that law existed on January 1, 1985, and the federal
10-3 regulations adopted under that Act (16 C.F.R. 1500.14) and in
10-4 effect on that date; or
10-5 (2) the person sells or delivers a substance
10-6 containing nitrous oxide to a person younger than 18 years of age
10-7 knowing that the person to whom the substance is sold or delivered
10-8 intends to inhale, ingest, apply, or use the substance in a manner
10-9 that constitutes an offense under Section 484.003.
10-10 (b) It is an affirmative defense to prosecution under this
10-11 section that the person to whom the substance was sold or delivered
10-12 exhibited to the defendant an apparently valid Texas driver's
10-13 license or an identification card issued by the Department of
10-14 Public Safety, containing a physical description consistent with
10-15 the person's appearance, that purported to establish that the
10-16 person was 18 [17] years of age or older.
10-17 SECTION 5. Section 22.021(a), Penal Code, is amended to read
10-18 as follows:
10-19 (a) A person commits an offense:
10-20 (1) if the person:
10-21 (A) intentionally or knowingly:
10-22 (i) causes the penetration of the anus or
10-23 female sexual organ of another person by any means, without that
10-24 person's consent;
10-25 (ii) causes the penetration of the mouth
10-26 of another person by the sexual organ of the actor, without that
10-27 person's consent; or
11-1 (iii) causes the sexual organ of another
11-2 person, without that person's consent, to contact or penetrate the
11-3 mouth, anus, or sexual organ of another person, including the
11-4 actor; or
11-5 (B) intentionally or knowingly:
11-6 (i) causes the penetration of the anus or
11-7 female sexual organ of a child by any means;
11-8 (ii) causes the penetration of the mouth
11-9 of a child by the sexual organ of the actor;
11-10 (iii) causes the sexual organ of a child
11-11 to contact or penetrate the mouth, anus, or sexual organ of another
11-12 person, including the actor;
11-13 (iv) causes the anus of a child to contact
11-14 the mouth, anus, or sexual organ of another person, including the
11-15 actor; or
11-16 (v) causes the mouth of a child to contact
11-17 the anus or sexual organ of another person, including the actor;
11-18 and
11-19 (2) if:
11-20 (A) the person:
11-21 (i) causes serious bodily injury or
11-22 attempts to cause the death of the victim or another person in the
11-23 course of the same criminal episode;
11-24 (ii) by acts or words places the victim in
11-25 fear that death, serious bodily injury, or kidnapping will be
11-26 imminently inflicted on any person;
11-27 (iii) by acts or words occurring in the
12-1 presence of the victim threatens to cause the death, serious bodily
12-2 injury, or kidnapping of any person;
12-3 (iv) uses or exhibits a deadly weapon in
12-4 the course of the same criminal episode;
12-5 (v) acts in concert with another who
12-6 engages in conduct described by Subdivision (1) directed toward the
12-7 same victim and occurring during the course of the same criminal
12-8 episode; or
12-9 (vi) administers or provides
12-10 flunitrazepam, otherwise known as rohypnol, [or] gamma
12-11 hydroxybutyrate, or ketamine to the victim of the offense with the
12-12 intent of facilitating the commission of the offense;
12-13 (B) the victim is younger than 14 years of age;
12-14 or
12-15 (C) the victim is 65 years of age or older.
12-16 SECTION 6. The change in law made by this Act applies only to
12-17 an offense committed on or after the effective date of this Act. An
12-18 offense committed before the effective date of this Act is covered
12-19 by the law in effect when the offense was committed, and the former
12-20 law is continued in effect for that purpose. For purposes of this
12-21 section, an offense was committed before the effective date of this
12-22 Act if any element of the offense occurred before that date.
12-23 SECTION 7. This Act takes effect September 1, 2001.