LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 25, 2005

TO:
Honorable Tom Craddick, Speaker of the House, House of Representatives
 
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 conduct related to the manufacture of methamphetamine and to the distribution and retail sales of certain chemical substances. ), As Passed 2nd House

The provisions of the bill that are the subject of this analysis are the provisions dealing with felony sanctions.  The bill 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. 
 
The bill would also amend the Health and Safety Code by combining the separate offenses related to the illegal possession or transport of anhydrous ammonia and the illegal use of equipment involving anhydrous ammonia into one offense.  The current offenses and the proposed offense are all punishable as a felony of the third degree.  It is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.

The bill would also amend the Health and Safety Code by making the knowing engagement in the wholesale distribution of prescription drugs in violation of the Wholesale Distributors of Prescription Drugs chapter defined by this bill punishable by imprisonment for not more than 15 years, a fine not to exceed $500,000, or both fine and imprisonment.  It is assumed that the number of persons convicted under this provision would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. 



Source Agencies:
LBB Staff:
JOB, GG