79R233 PEP-D
By: Van de Putte S.B. No. 112
A BILL TO BE ENTITLED
AN ACT
relating to the civil and criminal consequences of engaging in
certain conduct related to the manufacture of methamphetamine and
to the distribution and retail sales of pseudoephedrine; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CIVIL AND CRIMINAL CONSEQUENCES OF
ENGAGING IN CERTAIN CONDUCT RELATED TO
THE MANUFACTURE OF METHAMPHETAMINE
SECTION 1.01. Sections 481.112(b)-(f), Health and Safety
Code, are amended to read as follows:
(b) 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, except that the offense is a felony
of the third degree if the controlled substance is methamphetamine
and is in an amount described by this subsection.
(c) An offense under Subsection (a) is a felony of the
second degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, one gram or more but less than four grams, except that
the offense is a felony of the first degree if the controlled
substance is methamphetamine and is in an amount described by this
subsection.
(d) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, four grams or more but less than 200 grams, except that
the offense is punishable by imprisonment in the institutional
division of the Texas Department of Criminal Justice for life or for
a term of not more than 99 years or less than 10 years and a fine not
to exceed $100,000 if the controlled substance is methamphetamine
and is in an amount described by this subsection.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 10 years, and a fine not to exceed $100,000, if the
amount of the controlled substance to which the offense applies is,
by aggregate weight, including adulterants or dilutants, 200 grams
or more but less than 400 grams, except that the minimum term of
imprisonment is increased to 15 years and the maximum fine is
increased to $250,000 if the controlled substance is
methamphetamine and is in an amount described by this subsection.
(f) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 15 years, and a fine not to exceed $250,000, if the
amount of the controlled substance to which the offense applies is,
by aggregate weight, including adulterants or dilutants, 400 grams
or more, except that the minimum term of imprisonment is increased
to 20 years and the maximum fine is increased to $300,000 if the
controlled substance is methamphetamine and is in an amount
described by this subsection.
SECTION 1.02. 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 punishment specified by Section 481.112(b) is
increased to a felony of the second degree;
(2) the punishment specified by Section 481.112(c) is
enhanced by increasing the minimum term of imprisonment to 10 years
and increasing the maximum fine to $100,000;
(3) the minimum term of imprisonment specified by
Section 481.112(d) is increased to 15 years and the maximum fine
specified by that section is increased to $250,000;
(4) the minimum term of imprisonment specified by
Section 481.112(e) is increased to 20 years and the maximum fine
specified by that section is increased to $300,000; and
(5) the minimum term of imprisonment specified by
Section 481.112(f) is increased to 25 years and the maximum fine
specified by that section is increased to $350,000.
SECTION 1.03. Section 481.124, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) An offense under this section is:
(1) a felony of the second degree if the controlled
substance is listed in Penalty Group 1 or 1-A, except as provided by
Subsection (d-1);
(2) a felony of the third degree if the controlled
substance is listed in Penalty Group 2;
(3) a state jail felony if the controlled substance is
listed in Penalty Group 3 or 4; or
(4) a Class A misdemeanor if the controlled substance
is listed in a schedule by an action of the commissioner under this
chapter but not listed in a penalty group.
(d-1) An offense under this section is a felony of the first
degree if it is shown at the punishment phase of a trial of the
offense that:
(1) the person committed the offense with the intent
to unlawfully manufacture methamphetamine; and
(2) when the offense was committed a child younger
than 18 years of age was:
(A) present on the premises where the defendant
was in possession of the chemical; or
(B) in or on a vehicle in or on which the
defendant was transporting the chemical.
SECTION 1.04. Chapter 504, Health and Safety Code, is
amended by adding Section 504.003 to read as follows:
Sec. 504.003. INTENT TO FACILITATE THE MANUFACTURE OF
METHAMPHETAMINE. If it is shown at the punishment phase of a trial
of an offense under Section 504.001 or 504.002 that the person
committed the offense with the intent to facilitate the manufacture
of methamphetamine, the offense is a felony of the second degree.
SECTION 1.05. Section 99.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 99.003. STRICT LIABILITY AND MINIMUM DAMAGES FOR
EXPOSURE. A person who manufactures methamphetamine is strictly
liable for any exposure by an individual to the manufacturing
process, including exposure to the methamphetamine itself or any of
the byproducts or waste products incident to the manufacture, for
the greater of:
(1) actual damages for personal injury, death, or
property damage as a result of the exposure; or
(2) $20,000 [$10,000] for each incident of exposure.
SECTION 1.06. Article 17.15, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. (a) The amount
of bail to be required in any case is to be regulated by the court,
judge, magistrate, or officer taking the bail; they are to be
governed in the exercise of this discretion by the Constitution and
by the following rules:
1. The bail shall be sufficiently high to give
reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to
make it an instrument of oppression.
3. The nature of the offense and the circumstances
under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and
proof may be taken upon this point.
5. The future safety of a victim of the alleged offense
and the community shall be considered.
(b) A judge, magistrate, or officer who requires bail in an
amount less than $300,000 for a defendant charged with the
manufacture of methamphetamine, or less than $500,000 if the
accusation against the defendant includes an allegation that at the
time of the offense a child younger than 18 years of age was present
on the premises where the offense was committed, shall state the
reasons for setting the lesser amount in writing and include that
writing in the record of the proceedings.
SECTION 1.07. Article 37.07, Code of Criminal Procedure, is
amended by adding Section 4A to read as follows:
Sec. 4A. In the penalty phase of the trial of an offense in
which punishment is to be assessed by the jury rather than the
court, if the offense of which the jury has found the defendant
guilty is an offense involving the manufacture of methamphetamine
punishable under Section 481.112 or 481.1122, Health and Safety
Code, the court shall charge the jury as provided by Section 4(b) or
(c), as applicable, except that the judge shall amend the charge to
accurately reflect the defendant's eligibility for parole as
provided by Section 508.145, Government Code.
SECTION 1.08. Section 262.104, Family Code, is amended to
read as follows:
Sec. 262.104. TAKING POSSESSION OF A CHILD IN EMERGENCY
WITHOUT A COURT ORDER. (a) If there is no time to obtain a
temporary restraining order or attachment before taking possession
of a child consistent with the health and safety of that child, an
authorized representative of the Department of Protective and
Regulatory Services, a law enforcement officer, or a juvenile
probation officer may take possession of a child without a court
order under the following conditions, only:
(1) on personal knowledge of facts that would lead a
person of ordinary prudence and caution to believe that there is an
immediate danger to the physical health or safety of the child;
(2) on information furnished by another that has been
corroborated by personal knowledge of facts and all of which taken
together would lead a person of ordinary prudence and caution to
believe that there is an immediate danger to the physical health or
safety of the child;
(3) on personal knowledge of facts that would lead a
person of ordinary prudence and caution to believe that the child
has been the victim of sexual abuse;
(4) on information furnished by another that has been
corroborated by personal knowledge of facts and all of which taken
together would lead a person of ordinary prudence and caution to
believe that the child has been the victim of sexual abuse; or
(5) on information furnished by another that has been
corroborated by personal knowledge of facts and all of which taken
together would lead a person of ordinary prudence and caution to
believe that the parent or person who has possession of the child is
currently using a controlled substance as defined by Chapter 481,
Health and Safety Code, and the use constitutes an immediate danger
to the physical health or safety of the child.
(b) An authorized representative of the Department of
Protective and Regulatory Services, a law enforcement officer, or a
juvenile probation officer shall take possession of a child under
Subsection (a) on personal knowledge or information furnished by
another indicating that the parent or person who has possession of
the child has permitted the child to remain on premises used for the
manufacture of methamphetamine.
SECTION 1.09. Section 508.145, Government Code, is amended
by amending Subsections (e) and (f) and adding Subsections (g),
(h), and (i) to read as follows:
(e) An inmate serving a sentence for an offense involving
the manufacture of methamphetamine that is punishable under Section
481.112 or 481.1122, Health and Safety Code, as a felony of the
first degree or by imprisonment for a minimum term or by a maximum
fine that is more than a minimum term or maximum fine for a felony of
the first degree, who has been previously convicted of an offense
involving the manufacture of methamphetamine that is punishable
under one of those sections as a felony of the first degree or by
imprisonment for a minimum term or by a maximum fine that is more
than a minimum term or maximum fine for a felony of the first
degree, is not eligible for release on parole until the actual
calendar time the inmate has served, without consideration of good
conduct time, equals the term to which the inmate was sentenced or
25 calendar years, whichever is less.
(f) An inmate serving a sentence for an offense involving
the manufacture of methamphetamine that is punishable under Section
481.112 or 481.1122, Health and Safety Code, by imprisonment for a
minimum term or by a maximum fine that is more than a minimum term or
maximum fine for a felony of the first degree is not eligible for
release on parole until the actual calendar time the inmate has
served, without consideration of good conduct time, equals the term
to which the inmate was sentenced or 20 calendar years, whichever is
less.
(g) An inmate serving a sentence for an offense involving
the manufacture of methamphetamine that is punishable under Section
481.112 or 481.1122, Health and Safety Code, as a felony of the
first degree is not eligible for release on parole until the actual
calendar time the inmate has served, without consideration of good
conduct time, equals the term to which the inmate was sentenced or
10 calendar years, whichever is less.
(h) An inmate serving a sentence for an offense involving
the manufacture of methamphetamine that is punishable under Section
481.112 or 481.1122, Health and Safety Code, as a felony of the
second or third degree or serving a sentence for which the
punishment is increased under Section 481.134, Health and Safety
Code, except with respect to an increase to which Subsection (d)
applies, is not eligible for release on parole until the [inmate's]
actual calendar time the inmate has served, without consideration
of good conduct time, equals [five years or] the term to which the
inmate was sentenced or five calendar years, whichever is less.
(i) [(f)] Except as provided by Section 508.146, any other
inmate is eligible for release on parole when the inmate's actual
calendar time served plus good conduct time equals one-fourth of
the sentence imposed or 15 calendar years, whichever is less.
ARTICLE 2. DISTRIBUTION AND RETAIL SALES OF
PSEUDOEPHEDRINE
SECTION 2.01. Subtitle B, Title 6, Health and Safety Code,
is amended by adding Chapter 468 to read as follows:
CHAPTER 468. METHAMPHETAMINE WATCH PROGRAM
Sec. 468.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "Program" means the methamphetamine watch program
established under this chapter.
(3) "Retailer" means a business establishment in this
state that engages in over-the-counter retail sales of any product
containing pseudoephedrine.
Sec. 468.002. ESTABLISHMENT OF METHAMPHETAMINE WATCH
PROGRAM. The department shall establish a methamphetamine watch
program to:
(1) inform retailers of the problems associated with
the illicit manufacture and use of methamphetamine in this state;
(2) establish procedures and develop forms for
retailers and other persons to use in reporting to the department
any incidents of theft, suspicious purchases, or other transactions
involving products used in the illicit manufacture of
methamphetamine;
(3) increase community awareness of methamphetamine;
(4) encourage retailers, law enforcement, state and
local agencies, and other persons to cooperate in efforts to reduce
the diversion of legitimate products for use in the illicit
manufacture of methamphetamine; and
(5) assist local communities in addressing problems
created by the illicit manufacture and use of methamphetamine.
Sec. 468.003. RETAILER PARTICIPATION. (a) Retailer
participation in the program is voluntary.
(b) A retailer participating in the program shall make
reasonable efforts to deter the theft or improper sale of products
used in the illicit manufacture of methamphetamine, including
products containing pseudoephedrine, by:
(1) implementing product management practices that
deter theft or suspicious purchases of the products, including
placing signs at strategic locations within the retail
establishment to inform patrons of the retailer's participation in
the program; and
(2) providing annual personnel training on products
used in the illicit manufacture of methamphetamine and procedures
to follow on observing theft or suspicious purchases of those
products.
Sec. 468.004. REPORTING; IMMUNITY FROM LIABILITY. A person
is not liable for any damages arising from an act relating to the
reporting of information made in good faith and in substantial
compliance with the reporting procedures established under Section
468.002(2).
Sec. 468.005. GRANT PROGRAM. (a) The criminal justice
division of the governor's office shall implement a grant program
for public and private organizations to engage in initiatives
designed to support the methamphetamine watch program established
under this chapter. The grant recipient may use grant money only to
pay for activities directly related to the purpose of the
initiative as described by this subsection.
(b) The governor's office may accept gifts, grants,
donations, and other contributions for the purpose of the grant
program.
SECTION 2.02. Chapter 481, Health and Safety Code, is
amended by adding Section 481.0771 to read as follows:
Sec. 481.0771. RECORDS AND REPORTS ON PSEUDOEPHEDRINE. (a)
A wholesaler who sells, transfers, or otherwise furnishes
pseudoephedrine to a retailer shall:
(1) before delivering the pseudoephedrine, obtain
from the retailer a copy of the retailer's license to operate a
pharmacy and the retailer's address, area code, and telephone
number; and
(2) make an accurate and legible record of the
transaction and maintain the record for at least two years after the
date of the transaction.
(b) The wholesaler shall submit to the director in
accordance with department rule a monthly report that includes:
(1) the information required by Subsection (a)(1);
(2) the amount of pseudoephedrine delivered; and
(3) any other information required by the director.
(c) Not later than five business days after receipt of an
order for pseudoephedrine, a wholesaler shall submit to the
director in accordance with department rule a report of the order if
the order:
(1) is received from a retailer that is not licensed to
operate a pharmacy; or
(2) requests delivery of a suspicious quantity of
pseudoephedrine as determined by department rule.
(d) A wholesaler who, with reckless disregard for the duty
to report under Subsection (c), fails to report as required by that
subsection may be subject to disciplinary action in accordance with
department rule.
SECTION 2.03. Subtitle C, Title 6, Health and Safety Code,
is amended by adding Chapter 486 to read as follows:
CHAPTER 486. PSEUDOEPHEDRINE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 486.001. DEFINITIONS. (a) In this chapter:
(1) "Board" means the Texas State Board of Pharmacy.
(2) "Commissioner" means the commissioner of state
health services.
(3) "Council" means the State Health Services Council.
(4) "Department" means the Department of State Health
Services.
(5) "Executive director" means the executive director
of the Texas State Board of Pharmacy.
(6) "Pseudoephedrine" means any compound, mixture, or
preparation containing any detectable amount of pseudoephedrine,
including its salts, optical isomers, and salts of optical isomers.
The term does not include any compounds, mixtures, or preparations
that are in liquid, liquid capsule, or gel capsule form and in which
pseudoephedrine is not the only active ingredient.
(7) "Sale" includes a conveyance, exchange, barter, or
trade.
(b) A term that is used in this chapter but is not defined by
Subsection (a) has the meaning assigned by Section 481.002.
Sec. 486.002. APPLICABILITY. This chapter does not apply
to the sale of any product dispensed or delivered by a pharmacist
according to a prescription issued by a practitioner for a valid
medical purpose and in the course of professional practice.
Sec. 486.003. RULES. (a) The council shall adopt rules
necessary to implement and enforce Subchapter B.
(b) The board shall adopt rules necessary to implement and
enforce Subchapter C.
[Sections 486.004-486.010 reserved for expansion]
SUBCHAPTER B. PROHIBITED SALES
Sec. 486.011. SALES BY ESTABLISHMENTS OTHER THAN
PHARMACIES. A business establishment that does not operate a
pharmacy licensed by the board may not engage in over-the-counter
sales of pseudoephedrine.
[Sections 486.012-486.020 reserved for expansion]
SUBCHAPTER C. REGULATED SALES
Sec. 486.021. APPLICABILITY. This subchapter applies only
to a business establishment that operates a pharmacy licensed by
the board.
Sec. 486.022. RESTRICTION OF ACCESS TO PSEUDOEPHEDRINE. A
business establishment that engages in over-the-counter sales of
pseudoephedrine shall display the pseudoephedrine in a manner that
makes the pseudoephedrine accessible to a patron of the business
establishment only with the assistance of an employee of the
establishment.
Sec. 486.023. PREREQUISITES TO SALE OF PSEUDOEPHEDRINE.
Before completing an over-the-counter sale of pseudoephedrine, a
business establishment that engages in those sales shall:
(1) require the person purchasing pseudoephedrine to:
(A) display a driver's license or other form of
identification containing the person's photograph; and
(B) sign for the purchase;
(2) make a record of the sale, including the name of
the person purchasing pseudoephedrine, the date of purchase, and
the number of grams of pseudoephedrine purchased; and
(3) take action as necessary to ensure that a person
does not purchase more than nine grams of pseudoephedrine from the
establishment in any 30-day period.
Sec. 486.024. MAINTENANCE OF RECORDS. A business
establishment that engages in over-the-counter sales of
pseudoephedrine shall maintain all records made under Section
486.023(2) in a secure centralized location. The establishment
shall maintain each record until at least the first anniversary of
the date the record is made.
[Sections 486.025-486.030 reserved for expansion]
SUBCHAPTER D. ADMINISTRATIVE PENALTY
Sec. 486.031. IMPOSITION OF PENALTY. (a) The department
may impose an administrative penalty on a person who violates
Subchapter B.
(b) The board may impose an administrative penalty on a
person who violates Subchapter C.
Sec. 486.032. AMOUNT OF PENALTY. (a) The amount of the
penalty may not exceed $1,000 for each violation, and each day a
violation continues or occurs is a separate violation for purposes
of imposing a penalty. The total amount of the penalty assessed for
a violation continuing or occurring on separate days under this
subsection may not exceed $5,000.
(b) The amount shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the threat to health or safety caused by the
violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) whether the violator demonstrated good faith,
including when applicable whether the violator made good faith
efforts to correct the violation; and
(6) any other matter that justice may require.
Sec. 486.033. REPORT AND NOTICE OF VIOLATION AND PENALTY.
(a) If the department or the board, as applicable, initially
determines that a violation occurred, that entity shall give
written notice of the report by certified mail to the person.
(b) The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended penalty; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Sec. 486.034. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Before the 21st day after the date the person receives notice under
Section 486.033, the person in writing may:
(1) accept the determination and recommended penalty;
or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty or if the person fails to respond to the notice, the
commissioner or the executive director, as applicable, by order
shall approve the determination.
Sec. 486.035. HEARING. (a) If the person requests a
hearing, the commissioner or the executive director, as applicable,
shall refer the matter to the State Office of Administrative
Hearings, which shall promptly set a hearing date and give written
notice of the time and place of the hearing to the person. An
administrative law judge of the State Office of Administrative
Hearings shall conduct the hearing.
(b) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the commissioner or the
executive director, as applicable, a proposal for a decision about
the occurrence of the violation and the amount of a proposed
penalty.
Sec. 486.036. DECISION. (a) Based on the findings of fact,
conclusions of law, and proposal for a decision, the commissioner
or the executive director, as applicable, by order may:
(1) find that a violation occurred and impose a
penalty; or
(2) find that a violation did not occur.
(b) The notice of the commissioner's or the executive
director's order under Subsection (a) that is sent to the person in
the manner provided by Chapter 2001, Government Code, must include
a statement of the right of the person to judicial review of the
order.
Sec. 486.037. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
Before the 31st day after the date the order under Section 486.036
that imposes an administrative penalty becomes final, the person
shall:
(1) pay the penalty; or
(2) file a petition for judicial review of the order
contesting the occurrence of the violation, the amount of the
penalty, or both.
Sec. 486.038. STAY OF ENFORCEMENT OF PENALTY. (a) Within
the period prescribed by Section 486.037, a person who files a
petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) sending a copy of the affidavit to the
commissioner or the executive director, as applicable, by certified
mail.
(b) Following receipt of a copy of an affidavit under
Subsection (a)(2), the commissioner or the executive director, as
applicable, may file with the court, before the 6th day after the
date of receipt, a contest to the affidavit. The court shall hold a
hearing on the facts alleged in the affidavit as soon as practicable
and shall stay the enforcement of the penalty on finding that the
alleged facts are true. The person who files an affidavit has the
burden of proving that the person is financially unable to pay the
penalty or to give a supersedeas bond.
Sec. 486.039. COLLECTION OF PENALTY. (a) If the person
does not pay the penalty and the enforcement of the penalty is not
stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
Sec. 486.040. DECISION BY COURT. (a) If the court sustains
the finding that a violation occurred, the court may uphold or
reduce the amount of the penalty and order the person to pay the
full or reduced amount of the penalty.
(b) If the court does not sustain the finding that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 486.041. REMITTANCE OF PENALTY AND INTEREST. (a) If
the person paid the penalty and if the amount of the penalty is
reduced or the penalty is not upheld by the court, the court shall
order, when the court's judgment becomes final, that the
appropriate amount plus accrued interest be remitted to the person
before the 31st day after the date that the judgment of the court
becomes final.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on
the date the penalty is paid and ending on the date the penalty is
remitted.
Sec. 486.042. RELEASE OF BOND. (a) If the person gave a
supersedeas bond and the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, the
release of the bond.
(b) If the person gave a supersedeas bond and the amount of
the penalty is reduced, the court shall order the release of the
bond after the person pays the reduced amount.
Sec. 486.043. ADMINISTRATIVE PROCEDURE. A proceeding to
impose the penalty is considered to be a contested case under
Chapter 2001, Government Code.
ARTICLE 3. TRANSITION LANGUAGE
AND EFFECTIVE DATE
SECTION 3.01. Sections 481.112 and 481.124, Health and
Safety Code, as amended by this Act, and Sections 481.1122 and
504.003, Health and Safety Code, as added by this Act, apply only to
an offense committed on or after September 1, 2005. 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 3.02. Articles 17.15 and 37.07, Code of Criminal
Procedure, and Section 508.145, Government Code, as amended by this
Act, apply only to a defendant charged with or an inmate serving a
sentence for an offense committed on or after September 1, 2005. A
defendant charged with or an inmate serving a sentence for 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 3.03. Section 99.003, Civil Practice and Remedies
Code, as amended by this Act, and Section 468.004, Health and Safety
Code, as added by this Act, apply only to a cause of action that
accrues on or after September 1, 2005. An action that accrued
before September 1, 2005, is governed by the law applicable to the
action immediately before September 1, 2005, and that law is
continued in effect for that purpose.
SECTION 3.04. (a) The Department of State Health Services
shall take all action necessary to establish the methamphetamine
watch program as required by Chapter 468, Health and Safety Code, as
added by this Act, not later than September 1, 2005.
(b) The criminal justice division of the governor's office
shall take all action necessary to begin implementation of the
grant program required under Section 468.005, Health and Safety
Code, as added by this Act, not later than September 1, 2005.
SECTION 3.05. The director of the Department of Public
Safety shall adopt any rules necessary to administer and enforce
Section 481.0771, Health and Safety Code, as added by this Act, not
later than September 1, 2005.
SECTION 3.06. (a) The State Health Services Council shall
adopt rules to implement and enforce Subchapter B, Chapter 486,
Health and Safety Code, as added by this Act, not later than
September 1, 2005.
(b) The Texas State Board of Pharmacy shall adopt rules to
implement and enforce Subchapter C, Chapter 486, Health and Safety
Code, as added by this Act, not later than September 1, 2005.
SECTION 3.07. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.