79R1229 JD-D

By:  Driver                                                       H.B. No. 1592



A BILL TO BE ENTITLED

AN ACT

relating to enhancing the penalty for the manufacture of 
methamphetamine if a child is present on the premises where the 
offense is committed.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 481, Health and Safety 
Code, is amended by adding Section 481.1122 to read as follows:
	Sec. 481.1122.  MANUFACTURE OF METHAMPHETAMINE: PRESENCE OF 
CHILD.  If it is shown at the punishment phase of a trial for the 
manufacture of methamphetamine that when the offense was committed 
a child younger than 18 years of age was present on the premises 
where the offense was committed:
		(1)  the punishments specified by Sections 481.112(b) 
and (c) are increased by one degree;
		(2)  the minimum term of imprisonment specified by 
Section 481.112(e) is increased to 15 years and the maximum fine 
specified by that section is increased to $150,000; and
		(3)  the minimum term of imprisonment specified by 
Section 481.112(f) is increased to 20 years and the maximum fine 
specified by that section is increased to $300,000.
	SECTION 2.  (a)  The changes in law made by this Act apply 
only to an offense committed on or after September 1, 2005.
	(b)  An offense committed before September 1, 2005, 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 September 1, 2005, if 
any element of the offense was committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.