81R13799 JSC-D
By: Leibowitz H.B. No. 3102
A BILL TO BE ENTITLED
AN ACT
relating to requiring defendants convicted of the manufacture of
methamphetamine to pay for remediation measures for the premises on
which the methamphetamine was manufactured.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (t) to read as follows:
(t) This subsection applies only to a person who is
convicted of the manufacture of methamphetamine in violation of
Section 481.112, Health and Safety Code. The court shall order a
defendant who is found to have manufactured methamphetamine on real
property that the defendant does not own to pay the owner of the
property the cost of:
(1) repairing physical damage to the property caused
by the manufacture of methamphetamine;
(2) removing and disposing of hazardous substances and
contaminated materials; and
(3) performing remediation measures for the property
to remove residual contaminants injurious to human health.
SECTION 2. The change in law made by this Act applies only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
SECTION 3. This Act takes effect September 1, 2009.