Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 13.
CONTROLLED SUBSTANCES
Subchapter E. PRECURSORS AND APPARATUS
37 TAC §13.116
The Texas Department of Public Safety adopts an amendment
to §13.116, concerning Immediate Precursor List, without changes to the
proposed text as published in the December 3, 2004, issue of the
Texas Register
(29 TexReg 11308).
The amendment to §13.116 is necessary in order to add Lithium metal
removed from a battery and immersed in kerosene, mineral spirits, or similar
liquid that prevents or retards hydration to the list of substances that are
designated by the director of the Texas Department of Public Safety to be
"immediate precursors."
The clandestine production of Methamphetamine is at an all time high in
the state of Texas. Two main reaction methods are used to produce it.
One method involves the use of Ephedrine or Pseudo-ephedrine tablets, adding
anhydrous Ammonia, and using Lithium as a catalyst. This reaction method is
the most common method used in the northern half of the state. The persons
using this method of Methamphetamine production obtain Lithium from alkaline
batteries, which are readily available in every grocery, convenience, and
hardware store. They have to pry open the battery to remove the Lithium, and
once removed, they have to immerse it in a liquid like kerosene to prevent
it from reacting with moisture in the air.
Health and Safety Code, §481.124(b) already states: For purposes of
this section, an intent to unlawfully manufacture the controlled substance
methamphetamine is presumed if the actor possesses or transports:.(2) lithium
metal removed from a battery and immersed in kerosene, mineral spirits, or
similar liquid that prevents or retards hydration;.
To help prosecutors prove that the possessor or transporter of this Lithium
is committing an offense, the Lithium must be named as a chemical precursor.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to the Health and Safety Code,
Chapter 481, including §481.003, which authorizes the director to adopt
rules to administer the chapter, and §481.077(b), which authorizes the
director to designate a substance to be an immediate precursor by rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 27, 2005.
TRD-200500376
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: February 16, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 424-2135
Chapter 87.
TREATMENT
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.81
The Texas Youth Commission (TYC) adopts the repeal of §87.81,
concerning Special Needs Offender Program, without changes to the proposal
as published in the December 10, 2004, issue of the
Texas Register
(29 TexReg 11461).
The justification for the repeal is to allow for publication regarding
youth who have engaged in certain high-risk behavior.
The repeal will eliminate duplicate information regarding disciplinary
consequence and treatment interventions in a highly secure and structured
environment for youth who have engaged in certain high-risk behaviors.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its function.
The adopted rule implements the Human Resources Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 26, 2005.
TRD-200500373
Dwight Harris
Executive Director
Texas Youth Commission
Effective date: February 15, 2005
Proposal publication date: December 10, 2004
For further information, please call: (512) 424-6301
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.4
The Texas Board of Criminal Justice adopts the amendment
to §151.4, concerning Public Testimony and Comments to the Texas Board
of Criminal Justice without changes to the text as proposed in the December
24, 2004, issue of the
Texas Register
(29
TexReg 11942).
The purpose of the amendments are to rename the Rule title and clarify
procedures for presenting public testimony on agenda items versus presenting
public comment on topics under the jurisdiction of the Board.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Government Code, §492.013, §492.007and
Chapter 551, The Open Meetings Act.
Cross Reference to Statutes: Texas Government Code, §492.013, §492.007
and Chapter 551, The Open Meetings Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 28, 2005.
TRD-200500413
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: February 17, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 463-0422
Subchapter D. OTHER RULES
Part 3.
TEXAS YOUTH COMMISSION
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 152.
CORRECTIONAL INSTITUTIONS DIVISION