Those of you with TDCAA Criminal Law books will see that this section shows to be repealed. Those with West books will not necessarily see that. I pulled the actual 2001 bill, SB 753, to see what happened. The bill, as introduced, contained the following 2 provisions related to 481.132:
"SECTION 31. Section 481.132[0], Health and Safety Code, is repealed." and
"(e) The repeal by this Act of Section 481.132, Health and Safety Code, applies only to the prosecution of an offense committed on or after September 1, 2001. The prosecution of an offense committed before September 1, 2001, is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose." [This is in Section 32 of the bill]

The enrolled version does not contain the quoted language from Section 31, deletes Section 32, and does contain the effective date and applicability provisions from (e) but places them into Section 31.

Therefore, what we have left is language which discussed the repeal of 481.132 by the act, but does not ever actually contain the language repealing the section. Is 481.132 still good law (albeit somewhat clouded) such that we could prosecute two or more manufacturing or possession of certain chemicals cases together under its umbrella?

Unless the court severs the prosecutions under subsection (e), then it is still true that a defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode and that the sentences will run concurrently. The language of subsection (e) of section 31 of the Act (ch. 251) is not effective to repeal Section 481.132 for offenses committed on or after September 1, 2001 even though TDCAA may have treated it so. However, TDCAA publications continue to refer to 481.132 in notes under Chapter 3 of the Penal Code. But, even if 481.132 had been repealed, would not sec. 1.03(b) of the Penal Code get you to the same place?

The Health & Safety Code provision was repealed because, as Martin suggests, the Penal Code already had a statute covering the issue.

I agree that we could use sec. 3.02 of the Penal Code to consolidate into one prosecution just as we could under 481.132. Maybe its more of an academic question then, but I agree with Martin that 481.132 has not been repealed. I think it should be included in the new versions of the TDCAA books as such.

Your timing is perfect -- I'm sending books to the printer this week. I'll look into the mysterious 481.132.

Meantime, Jeff (or anyone else), feel free to e-mail me directly with any questions or concerns about TDCAA publications.