HBA-JRA H.B. 1792 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1792 By: Morrison Criminal Jurisprudence 3/5/1999 Introduced BACKGROUND AND PURPOSE Currently, Flunitrazepam, commonly known as Rohypnol, is a Schedule IV controlled substance. Gamma hydroxybutyrate (GHB) is not currently classified under the Texas Controlled Substance Act. These two drugs can be used to commit sexual assaults, particularly date rape, because of their ability to cause blackouts and loss of memory. Flunitrazepam can also be used to enhance the effect of low-quality heroin. H.B. 1792 classifies GHB as a Schedule I controlled substance and reclassifies Flunitrazepam as a Schedule I controlled substance under the Texas Controlled Substance Act. 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 Schedule I includes Flunitrazepam and Gamma hydroxybutyrate, notwithstanding any other provision of this subchapter (Schedules), and prohibits the commissioner of public health or the commissioner's designee from modifying Schedule I to exclude these substances, notwithstanding Sections 481.032(a) (Schedules) and 481.034 (Establishment and Modification of Schedules by Commissioner), Health and Safety Code. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.