HBA-AMW, EDN H.B. 139 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 139 By: Wise Criminal Jurisprudence 2/25/2001 Introduced BACKGROUND AND PURPOSE Nitrous oxide and ketamine belong to a group of drugs known as dissociative anaesthetics, which separate perception from sensation and may lead to dependency and health complications. Although the drugs have legitimate legal uses, both drugs are often abused by teenagers. House Bill 139 adds nitrous oxide to the list of volatile chemicals under the Texas Controlled Substances Act and makes the possession or use of nitrous oxide by a person and the sale or delivery of nitrous oxide to a minor illegal under certain conditions. The bill adds ketamine to the list of opiates classified under Penalty Group 1 and provides that it is an offense if a person administers or provides ketamine to a victim of an aggravated sexual assault with the intent of facilitating the commission of that offense. 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. ANALYSIS House Bill 139 amends the Health and Safety Code to add ketamine to the list of opiates classified under Penalty Group 1. The bill also adds nitrous oxide to the list of chemicals that are considered volatile chemicals. The bill provides that a person commits a Class B misdemeanor if the person inhales, ingests, applies, uses, or possesses a substance containing nitrous oxide with the intent to inhale, ingest, apply, or use in a manner designed to: _affect the person's central nervous system; _ create or induce a condition of intoxication, hallucination, or elation; or _change, distort, or disturb the person's eyesight, thinking process, balance, or coordination. The bill provides that it is a Class B misdemeanor if a person sells or delivers a substance containing nitrous oxide to a person younger than 18 years of age knowing that the person to whom the substance is sold or delivered intends to inhale, ingest, apply, or use the substance in a manner that constitutes an offense under the provisions relating to the possession and use of a substance containing a volatile chemical. The bill raises the age from 17 to 18 years of age older for which the affirmative defense for the above offense is applicable. H.B. 139 also amends the Penal Code to provide that it is an offense if a person administers or provides ketamine to a victim of an aggravated sexual assault offense with the intent of facilitating the commission of that offense. EFFECTIVE DATE September 1, 2001.