HBA-NMO H.B. 656 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 656
By: Noriega
Criminal Jurisprudence
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a person commits a Class B misdemeanor if the
person,  in order  to create a state of intoxication, inhales, ingests,
applies, or uses a substance containing a volatile chemical, or possesses
such a substance with the intent to do so.  The law also provides that a
person commits a class B misdemeanor if the person sells or delivers such a
substance to a minor.  Nevertheless, 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.

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(e), Health and Safety Code, to provide
that an offense under this section is a state jail felony, rather than a
Class B misdemeanor.  A person commits an offense under this section if the
person sells or delivers, to a minor, a substance containing a volatile
chemical that is subject to special labeling requirements concerning
precautions against inhalation. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.