HBA-NMO H.B. 3602 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3602 By: Smith Criminal Jurisprudence 3/24/1999 Introduced BACKGROUND AND PURPOSE Current law provides criminal penalties for the delivery of a controlled substance. However, there is no criminal penalty for solicitation of delivery. H.B. 3602 provides that a person commits an offense if the person solicits another to deliver a controlled substance. This bill provides that the punishment for such an offense is conditional upon the amount of a controlled substance or marihuana solicited. 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 Section 15.03, Penal Code, by amending Subsections (a) and (d) and adding Subsection (e), as follows: (a) Provides that a person commits an offense if the person, with the intent that an offense under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, for the delivery of a controlled substance be committed, solicits another to engage in specific conduct that would constitute a felony or make the other a party to the commission of the felony. Makes nonsubstantive changes. (d) Makes a conforming change. (e) Provides that the punishment for the solicitation of the delivery of a controlled substance listed in a penalty group or marihuana is one category lower than the punishment for delivery of the same amount of that controlled substance or marihuana, respectively. Provides that an offense under this section is a Class B misdemeanor if the actor solicits delivery of a controlled substance in a non-specific amount. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.