HBA-NMO C.S.H.B. 656 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 656
By: Noriega
Criminal Jurisprudence
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law provides that a person commits a Class B misdemeanor if the
person,  in order  to create a state of intoxication, inhales, ingests,
applies, or uses a substance containing a volatile chemical, or possesses
such a substance with the intent to do so.  The law also provides that a
person commits a class B misdemeanor if the person sells or delivers such a
substance to a minor.  Nevertheless, recent studies have found that
inhalant use by minors remains problematic in certain areas of the state.
C.S.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 is a state jail felony,
rather than a Class B misdemeanor, except as provided by Subsection (f).
A person commits an offense under this section if the person sells or
delivers, to a minor, a substance containing a volatile chemical that is
subject to special labeling requirements concerning precautions against
inhalation. 

(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. 

(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.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 (Section 484.005,
Health and Safety Code) by modifying Subsection (e), which provides that an
offense under this section is a state jail felony, to provide that
Subsection (f) is an exception to Subsection (e).  The substitute adds new
Subsections (f), (g), and (h).  Subsection (f) provides that an offense
under this section is a felony of the third degree is it was committed in
certain drug-free zones.  Subsection (g) provides an exception to
Subsection (h).  Subsection (h) defines terms.