HBA-GUM, NMO H.B. 656 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 656
By: Noriega
Criminal Jurisprudence
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the law provided that a person
commited a Class B misdemeanor if the person,  in order  to create a state
of intoxication, inhaled, ingested, applied, or used a substance containing
a volatile chemical, or possessed such a substance with the intent to do
so.  The law also provided that a person commited a class B misdemeanor if
the person sold or delivered such a substance to a minor. Recent studies
have found that inhalant use by minors remains problematic in certain areas
of the state.  H.B. 656 increases the penalty to a state jail felony for
selling or delivering a substance containing certain volatile chemicals to
a minor, and provides that the offense is a felony of the third degree if
committed in a drug-free zone.      

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 484.005, Health and Safety Code, by amending
Subsection (e) and adding Subsections (f), (g), and (h), as follows: 

(e)  Provides that an offense under this section (Delivery to a Minor;
Criminal Penalty) is a: 

(1)  Class B misdemeanor if the actor is the owner of or is an employee of
a business establishment covered for the location of the sale by a sales
tax permit issued under Chapter 151 (Limited Sales, Excise, and Use Tax),
Tax Code, and the offense was committed at the business establishment; or 

(2)  a state jail felony if the actor is any person other than a person
described above who committed the offense at a business establishment
described above. 

(f) Provides that an offense under this section is a felony of the third
degree if it was committed:  

(1)  in, on, or within 1,000 feet of the premises of a school or any
premises owned, rented, or leased by an institution of higher education; a
playground; or  any real property owned, rented, or leased to a school or
school board;  

(2)  on a school bus;

(3)  in, on, or within 300 feet of the premises of a public or private
youth center, public swimming pool, or video arcade facility. 

(g) Provides that Subsection (f) does not apply to an offense if the
offense was committed inside a private residence, and no person younger
than 18 years of age was present in the private residence at the time the
offense was committed; or the actor was at the time of the offense an owner
or employee described by Subsection (e)(1) and the offense was committed at
a business location described by that subsection. 
 
(h) Provides that "institution of higher education," "playground,"
"premises," "school," "video arcade facility," and "youth center" have the
meanings assigned by Section 481.134 (Drug-Free Zones), Health and Safety
Code. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.