79R1142 JRJ-D
By: Driver H.B. No. 1591
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the penalty for manufacture or delivery of
methamphetamine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.112, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (g) to
read as follows:
(b) Except as provided by Subsection (g), an [An] offense
under Subsection (a) is a state jail felony if the amount of the
controlled substance to which the offense applies is, by aggregate
weight, including adulterants or dilutants, less than one gram.
(g) An offense under Subsection (a) is a felony of the third
degree if the controlled substance to which the offense applies is
methamphetamine, including its salts, optical isomers, and salts of
optical isomers, in an amount, by aggregate weight, including
adulterants or dilutants, of less than one gram.
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) 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.
SECTION 3. This Act takes effect September 1, 2005.