HBA-RBT H.B. 1995 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1995
By: Morrison
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Section 463.011, Health and Safety Code, was enacted in 1907.  Because this
law makes it an offense for a person to in any way encourage a narcotic
addict or a former narcotic addict to engage in certain enumerated types of
behavior, the ability of law enforcement officials to use addicts and
former addicts as witnesses for the prosecution may be compromised. 

H.B. 1995 deletes Section 463.011, Health and Safety Code, which relates to
contributing to the delinquency of a narcotic addict. 

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 Chapter 463, Health and Safety Code, as follows:

New title:  CHAPTER 463.  CONTRIBUTING TO DELINQUENCY 
OF HABITUAL DRUNKARD

Deletes title of Subchapter A, "Contributing to Delinquency of Habitual
Drunkard." 

Sec.  463.001.  CONTRIBUTING TO DELINQUENCY OF HABITUAL DRUNKARD; CRIMINAL
PENALTY.  Makes no changes. 

Sec.  463.002.  CONFLICTING OFFENSES.  Makes no changes.

Deletes Subchapter B (Contributing to Narcotic Addiction), Health and
Safety Code, including Sections 463.011 (Contributing to Delinquency of
Narcotic Addict; Criminal Penalty) and Section 463.012 (Conflicting
Offenses). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: 90 days after adjournment