HBA-JRA, NMO H.B. 2205 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2205
By: Hardcastle
Agriculture & Livestock
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

Anhydrous ammonia, normally used as an agricultural fertilizer and
refrigerant, is used as a key ingredient in methamphetamine production.
Current law addresses its actual theft in quantities for drug production as
a misdemeanor offense and there is no penalty for its possession.  In
addition to contributing to the production of a controlled substance, the
theft of anhydrous ammonia causes damage to farm equipment and can blind as
well as cause lung damage to one who mishandles it.  
H.B. 2205 provides that a person commits a state jail felony if the person
possesses or transports anhydrous ammonia in a container that is not
designed or manufactured for it.  This bill also provides that a person
commits a state jail felony if the person uses or tampers with a container
or equipment used to hold, apply, or transport anhydrous ammonia without
the express consent of the owner of the container or equipment.     

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 Subtitle D, Title 6, Health and Safety Code, by adding
Chapter 504, as follows: 

CHAPTER 504.  ANHYDROUS AMMONIA

Sec. 504.001.  OFFENSE:  POSSESSION OR TRANSPORT.  Provides that a person
commits a state jail felony if the person possesses and maintains anhydrous
ammonia in a container or receptacle that is not designed and manufactured
to hold it, or transports anhydrous ammonia in a container or receptacle
that is not designed and manufactured to transport anhydrous ammonia. 

Sec. 504.002.  OFFENSE:  USE OF EQUIPMENT.  Provides that a person commits
a state jail felony if the person uses, delivers, or sells a container or
receptacle designed and manufactured to hold anhydrous ammonia without the
express consent of the owner of the container or receptacle; or tampers
with the equipment manufactured and used to hold, apply, or transport
anhydrous ammonia without the express consent of the owner of the
equipment. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.