HBA-RBT H.B. 1598 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1598
By: Danburg
Criminal Jurisprudence
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Flunitrazepam, commonly known as Rohypnol, is a Schedule IV controlled
substance.  Gamma hydoxybutyrate (GHB) is not a controlled substance in
Texas.  These two drugs can be used to commit sexual assaults, particularly
date rape, by incapacitating the victim.  GHB is a liquid and can cause
unconsciousness and strong memory impairment.  Flunitrazepam is tasteless,
colorless, odorless, and dissolves quickly in liquid.  It produces muscle
paralysis and memory loss, which can make it impossible for the victim to
remember the assault, testify regarding the assault, or avoid the assault
by requesting assistance or leaving the scene.  Both of these drugs are
quickly eliminated from the body, which makes detection in body fluids
difficult. 

H.B. 1598 classifies GHB as a Schedule I controlled substance and
reclassifies flunitrazepam as a Schedule I controlled substance. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 481, Health and Safety Code, by
adding Section 481.037, as follows: 

Sec.  481.037.  FLUNITRAZEPAM AND GAMMA HYDROXYBUTYRATE.  Provides that
notwithstanding any other provision of this subchapter, flunitrazepam and
gamma hydroxybutyrate are Schedule I controlled substances.  Prohibits the
Commissioner of Public Health from modifying Schedule I to exclude
flunitrazepam or gamma hydroxybutyrate from Schedule I., notwithstanding
Sections 481.032(a) (Schedules) and 481.034 (Establishment and Modification
of Schedules by Commissioner) of this subchapter. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.