HBA-EDN H.B. 608 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 608
By: Green
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

In Texas, it is not considered a crime to attempt to solicit or purchase a
controlled substance.  However, a person commits a crime if the person
solicits prostitution or another person's participation in other crimes or
if a minor attempts to purchase alcohol.  Under current law, only delivery
of or possession of a controlled substance is illegal.  Making the
solicitation of a controlled substance illegal may enable law enforcement
officials to stop potential drug users before they commit more serious
offenses.  House Bill 608 makes the solicitation of a controlled substance
by a person 21 years of age or younger illegal.  

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 608 amends the Penal and Family codes and the Code of Criminal
Procedure relating to criminal solicitation of certain offenses involving a
controlled substance.  H.B. 608 amends the Penal Code to provide that a
person commits an offense of criminal solicitation if the person is 21
years of age or younger and, with intent that an offense under the Texas
Controlled Substances Act for the delivery of a controlled substance be
committed, the person requests, commands, or attempts to induce another to
engage in specific conduct that, under the circumstances surrounding the
other person's conduct as the actor believes them to be, would constitute
the offense or make the other a party to its commission.  The bill provides
punishment guidelines for the offense of criminal solicitation of a
controlled substance when the person is 21 years of age or younger.   

H.B. 608 also amends the Family Code and the Code of Criminal Procedure to
provide that if a court or jury makes a disposition in which a child is
placed on probation for conduct constituting an offense of criminal
solicitation of a controlled substance, or a judge grants community
supervision to a defendant convicted of an offense of criminal solicitation
of a controlled substance, the court or judge is required to: 

_require the child or defendant to perform community service as a condition
of probation or community supervision; and 

_order the Department of Public Safety to suspend the child or the
defendant's driver's license or permit, or if the child or defendant does
not have a license or permit, deny the issuance of a license or permit for
a specified number of days.  

The bill sets forth guidelines based on the number of prior convictions for
the community service to be performed and the number of days the issuance
of a license or permit is required to be suspended or denied.  The bill
provides that an adjudication under the Juvenile Justice Code or order of
deferred disposition for an offense of criminal solicitation of a
controlled substance is considered to be a conviction of the offense.   

 EFFECTIVE DATE

September 1, 2001.