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


Office of House Bill AnalysisH.B. 3351
By: Keffer
Criminal Jurisprudence
4/10/2001
Introduced



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, with its penalty associated
with the quantity of finished product.  House Bill 3351 sets forth
provisions regarding the 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 manufacture a controlled substance
unlawfully, the person possesses or transports anhydrous ammonia, an
immediate precursor, or a chemical precursor or other regulated substance
added to the list of chemical precursors by the director of the Department
of Public Safety.  The bill provides that such an offense is: 

_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; 

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

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

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

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

EFFECTIVE DATE

September 1, 2001.