HBA-JRA H.B. 1792 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1792
By: Morrison
Criminal Jurisprudence
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Flunitrazepam, commonly known as Rohypnol, is a Schedule IV
controlled substance. Gamma hydroxybutyrate (GHB) is not currently
classified under the Texas Controlled Substance Act.  These two drugs can
be used to commit sexual assaults, particularly date rape, because of their
ability to cause blackouts and loss of memory.  Flunitrazepam can also be
used to enhance the effect of low-quality heroin.  H.B. 1792 classifies GHB
as a Schedule I controlled substance and reclassifies Flunitrazepam as a
Schedule I controlled substance under the Texas Controlled Substance Act. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 481, Health and Safety Code, by
adding Section 481.037, as follows: 

Sec. 481.037.  FLUNITRAZEPAM AND GAMMA HYDROXYBUTYRATE.  Provides that
Schedule I includes Flunitrazepam and Gamma hydroxybutyrate,
notwithstanding any other provision of this subchapter (Schedules), and
prohibits the commissioner of public health or the commissioner's designee
from modifying Schedule I to exclude these substances, notwithstanding
Sections 481.032(a) (Schedules) and 481.034 (Establishment and Modification
of Schedules by Commissioner), Health and Safety Code. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.