HBA-GUM, NMO H.B. 656 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 656 By: Noriega Criminal Jurisprudence 7/7/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Texas Legislature, the law provided that a person commited a Class B misdemeanor if the person, in order to create a state of intoxication, inhaled, ingested, applied, or used a substance containing a volatile chemical, or possessed such a substance with the intent to do so. The law also provided that a person commited a class B misdemeanor if the person sold or delivered such a substance to a minor. Recent studies have found that inhalant use by minors remains problematic in certain areas of the state. H.B. 656 increases the penalty to a state jail felony for selling or delivering a substance containing certain volatile chemicals to a minor, and provides that the offense is a felony of the third degree if committed in a drug-free zone. 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 Section 484.005, Health and Safety Code, by amending Subsection (e) and adding Subsections (f), (g), and (h), as follows: (e) Provides that an offense under this section (Delivery to a Minor; Criminal Penalty) is a: (1) Class B misdemeanor if the actor is the owner of or is an employee of a business establishment covered for the location of the sale by a sales tax permit issued under Chapter 151 (Limited Sales, Excise, and Use Tax), Tax Code, and the offense was committed at the business establishment; or (2) a state jail felony if the actor is any person other than a person described above who committed the offense at a business establishment described above. (f) Provides that an offense under this section is a felony of the third degree if it was committed: (1) in, on, or within 1,000 feet of the premises of a school or any premises owned, rented, or leased by an institution of higher education; a playground; or any real property owned, rented, or leased to a school or school board; (2) on a school bus; (3) in, on, or within 300 feet of the premises of a public or private youth center, public swimming pool, or video arcade facility. (g) Provides that Subsection (f) does not apply to an offense if the offense was committed inside a private residence, and no person younger than 18 years of age was present in the private residence at the time the offense was committed; or the actor was at the time of the offense an owner or employee described by Subsection (e)(1) and the offense was committed at a business location described by that subsection. (h) Provides that "institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134 (Drug-Free Zones), Health and Safety Code. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.