BILL ANALYSIS

 

 

Senate Research Center

H.B. 2118

82R16273 JSC-D

By: Coleman et al. (Estes)

 

Criminal Justice

 

5/16/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 2118 amends current law relating to adding certain synthetic compounds to Penalty Group 2 of the Texas Controlled Substances Act.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 481.103, Health and Safety Code, by amending Subsection (a) and adding Subsection (c), as follows:

 

(a)  Provides that Penalty Group 2 consists of:

 

(1)-(2) Makes no changes to these subdivisions;  

 

(3) Makes a nonsubstantive change; and

 

(4)  any compound structurally derived from 2-aminopropanal by substitution at the 1-position with any monocyclic or fused-polycyclic ring system, including:

 

(A)  compounds further modified by:

 

(i)  substitution in the ring system to any extent (including alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents), whether or not further substituted in the ring system by other substituents;

 

(ii)  substitution at the 3-position with an alkyl substituent; or

 

(iii)  substitution at the 2-amino nitrogen atom with alkyl or dialkyl groups, or inclusion of the 2-amino nitrogen atom in a cyclic structure; and

 

(B)  by example, compounds such as:

 

4-Methylmethcathinone (Also known as Mephedrone);

 

3,4-Dimethylmethcathinone (Also known as 3,4-DMMC);

 

3-Fluoromethcathinone (Also known as 3-FMC);

 

4-Fluoromethcathinone (Also known as Flephedrone);

 

3,4-Methylenedioxy-N-methylcathinone (Also known as Methylone);

 

3,4-Methylenedioxypyrovalerone (Also known as MDPV);

 

alpha-Pyrrolidinopentiophenone (Also known as alpha-PVP);

 

Naphthylpyrovalerone  (Also known as Naphyrone);

 

beta-Keto-N-methylbenzodioxolylpropylamine (Also known as Butylone);

 

beta-Keto-N-methylbenzodioxolylpentanamine (Also known as Pentylone);

 

beta-Keto-Ethylbenzodioxolylbutanamine (Also known as Eutylone); and

 

3,4-methylenedioxy-N-ethylcathinone (Also known as Ethylone).

 

(c)  Provides that, to the extent Subsection (a)(4) conflicts with this subtitle or another law, the subtitle or other law prevails.

 

SECTION 2.  Effective date: September 1, 2011.