By: Keffer of Eastland, et al. H.B. No. 1629
A BILL TO BE ENTITLED
AN ACT
relating to certain reports, records, offenses, and penalties under
the Texas Controlled Substances Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.077(l), Health and Safety Code, is
amended to read as follows:
(l) This section does not apply to the sale or transfer of a
nonnarcotic product that:
(1) includes:
(A) ephedrine;
(B) pseudoephedrine;
(C) norpseudoephedrine; or
(D) phenylpropanolamine; and
(2) is sold with a prescription or over the counter in
accordance with a federal statute or rule [a chemical precursor
subject to Subsection (a) if the sale or transfer complies with
federal law and involves a product that may be sold lawfully with a
prescription or over the counter without a prescription under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.)
or a rule adopted under that Act].
SECTION 2. Section 481.124, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (f) to
read as follows:
(a) A person commits an offense if, with intent to
unlawfully manufacture a controlled substance, the person
possesses or transports:
(1) anhydrous ammonia;
(2) an immediate precursor; or
(3) a chemical precursor or an additional chemical
substance named as a precursor by the director [subject to
regulation] under Section 481.077(b)(1) [481.077].
(f) This section does not apply to a chemical precursor
exempted by the director under Section 481.077(b)(2) from the
requirements of that section.
SECTION 3. Sections 481.134(b)-(f), Health and Safety Code,
are amended to read as follows:
(b) An offense otherwise punishable as a state jail felony
under Section 481.112, 481.113, 481.114, or 481.120 is punishable
as a felony of the third degree, and an offense otherwise punishable
as a felony of the second degree under any of those sections is
punishable as a felony of the first degree, if it is shown at the
punishment phase of the trial of the offense that the offense was
committed:
(1) in, on, or within 1,000 feet of premises owned,
rented, or leased by an institution of higher learning, the
premises of a public or private youth center, or a playground; or
(2) in, on, or within 300 feet of the premises of a
[public or private youth center,] public swimming pool[,] or video
arcade facility.
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e),
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
481.121(b)(4), (5), or (6) is increased by five years and the
maximum fine for the offense is doubled if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of premises of a
school or a public or private youth center; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if
it is shown on the trial of the offense that the offense was
committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board or the
premises of a public or private youth center; or
(2) on a school bus.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
jail felony if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board or the
premises of a public or private youth center; or
(2) on a school bus.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
A misdemeanor if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board or the
premises of a public or private youth center; or
(2) on a school bus.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2003.