HBA-SEP H.B. 238 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 238
By: Keffer
Criminal Jurisprudence
4/20/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not provide a penalty for knowingly possessing, with the
intent to manufacture methamphetamine, a substantial number of the
components necessary to manufacture methamphetamine or a substance commonly
used or produced primarily for use in the manufacture of methamphetamine.
Unfortunately, the illicit manufacture of methamphetamine is a serious
problem throughout the state.  House Bill 238 provides that such a
possession is a third degree felony. 

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. 

ANALYSIS

House Bill 238 amends the Health and Safety Code to provide that it is a
third degree felony for a person, with the intent to manufacture
methamphetamine, to knowingly possess a substantial number of the
components necessary to manufacture methamphetamine or a substance commonly
used or produced primarily for use in the manufacture of methamphetamine.
The bill also modifies the definition of "manufacture" to include the
preparation for production, propagation, compounding, conversion, or
processing of a controlled substance other than marihuana.  

EFFECTIVE DATE

September 1, 2001.