HBA-JRA, NMO H.B. 2205 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2205 By: Hardcastle Agriculture & Livestock 7/22/1999 Enrolled BACKGROUND AND PURPOSE Anhydrous ammonia, normally used as an agricultural fertilizer and refrigerant, is used as a key ingredient in methamphetamine production. Current law addresses its actual theft in quantities for drug production as a misdemeanor offense and there is no penalty for its possession. In addition to contributing to the production of a controlled substance, the theft of anhydrous ammonia causes damage to farm equipment and can blind as well as cause lung damage to one who mishandles it. H.B. 2205 provides that a person commits a state jail felony if the person possesses or transports anhydrous ammonia in a container that is not designed or manufactured for it. This bill also provides that a person commits a state jail felony if the person uses or tampers with a container or equipment used to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the container or equipment. 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 Subtitle D, Title 6, Health and Safety Code, by adding Chapter 504, as follows: CHAPTER 504. ANHYDROUS AMMONIA Sec. 504.001. OFFENSE: POSSESSION OR TRANSPORT. Provides that a person commits a state jail felony if the person possesses and maintains anhydrous ammonia in a container or receptacle that is not designed and manufactured to hold it, or transports anhydrous ammonia in a container or receptacle that is not designed and manufactured to transport anhydrous ammonia. Sec. 504.002. OFFENSE: USE OF EQUIPMENT. Provides that a person commits a state jail felony if the person uses, delivers, or sells a container or receptacle designed and manufactured to hold anhydrous ammonia without the express consent of the owner of the container or receptacle; or tampers with the equipment manufactured and used to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.