TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB164 by Berman (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.), As Engrossed

The provision of the bill that is the subject of this analysis would amend the Health and Safety Code by including items used in the manufacture, processing, analyzing, storing, or concealing of methamphetamine in the offense of possession or transport of certain chemicals with intent to manufacture a controlled substance.  An offense under this provision is punishable as a felony of the second degree if the controlled substance is listed in Penalty Group 1 or 1-A.  The number of persons in possession of materials designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine is unknown.  Since the bill proposes punishment for elements of criminal behavior for which there is no historical data, determining the impact of the provision on the criminal justice population is not possible.  The impact of this provision on the community supervision population or incarcerated population could be significant depending on the frequency of arrests and prosecutions for this behavior.