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.