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.