HBA-NMO C.S.H.B. 656 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 656 By: Noriega Criminal Jurisprudence 4/12/1999 Committee Report (Substituted) 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. C.S.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 is a state jail felony, rather than a Class B misdemeanor, except as provided by Subsection (f). 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. (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. (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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 1 (Section 484.005, Health and Safety Code) by modifying Subsection (e), which provides that an offense under this section is a state jail felony, to provide that Subsection (f) is an exception to Subsection (e). The substitute adds new Subsections (f), (g), and (h). Subsection (f) provides that an offense under this section is a felony of the third degree is it was committed in certain drug-free zones. Subsection (g) provides an exception to Subsection (h). Subsection (h) defines terms.