HBA-EDN H.B. 3351 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3351
By: Keffer
Criminal Jurisprudence
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Throughout the state, the illicit manufacture of methamphetamine is a
serious problem.  Prosecutors have encountered difficulty with appellate
law concerning possession of a controlled substance, meaning
methamphetamine precursors, with intent to manufacture a controlled
substance, meaning the methamphetamine itself.  The courts have held that
"manufacture" constitutes a finished product, and the penalty is associated
with the quantity of finished product.  House Bill 3351 sets forth
conditions under which intent to manufacture methamphetamine is presumed
and provides penalties for the intent to manufacture.   

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 3351 amends the Health and Safety Code to provide that a person
commits an offense if, with intent to unlawfully manufacture a controlled
substance, the person possesses or transports anhydrous ammonia, an
immediate precursor, or a chemical substance subject to regulation by DPS.
The bill provides that such an offense is: 

_a felony of the second degree if the controlled substance is listed in
Penalty Group 1 or 1A; 

_a felony of the third degree if the controlled substance is listed in
Penalty Group 2; 

_a state jail felony if the controlled substance is listed in Penalty Group
3 or 4; or 

_a Class A misdemeanor if the controlled substance is listed in a schedule
by an action of the commissioner of public health under these provisions
but not listed in a penalty group. 

H.B. 3351 increases penalties relating to the possession, transport, or use
of equipment for anhydrous ammonia from a state jail felony to a felony of
the third degree. 

H.B. 3351 sets forth conditions under which intent to manufacture
methamphetamine is presumed and under which a substance is presumed to be
anhydrous ammonia.  

H.B. 3351 authorizes an actor whose conduct constitutes an offense under
these provisions and also under another provision of the Health and Safety
Code to be prosecuted under either or both provisions. 

EFFECTIVE DATE

September 1, 2001.