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


Office of House Bill AnalysisC.S.H.B. 3351
By: Keffer
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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 the
Department of Public Safety.  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. 

C.S.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.  

C.S.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. 



 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3351 modifies the original by conforming the bill to the style and
format of the Texas Legislative Council.  The substitute adds red
phosphorus, iodine, iodine crystals, and muriatic acid to the substances
commonly used in the manufacture of methamphetamine, possession of which
constitutes a presumption of an intent to unlawfully manufacture
methamphetamine.  The substitute removes the provision repealing the
possession or transport of anhydrous ammonia and 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.