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House Bill 164 |
House Author: Berman et al. |
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Effective: See below |
Senate Sponsor: Estes |
House Bill 164 amends provisions of Texas law relating to the civil and criminal consequences of certain activities related to the manufacture of methamphetamine and to the wholesale distribution and retail sales of prescription and nonprescription drugs.
House Bill 164 amends the Civil Practice and Remedies Code to increase the strict liability of a person who manufactures methamphetamine from $10,000 to $20,000 for each incident of exposure to the manufacturing process. The bill amends the Family Code to authorize a representative of the Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer to take possession of a child under certain circumstances that would lead a person of ordinary prudence and caution to believe that the parent or person in possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamine. The bill also amends the Penal Code to provide that, for purposes of the offense of child endangerment, it is presumed that a person engaged in culpable conduct if the person manufactured methamphetamine in the presence of a child. The bill amends the Health and Safety Code to add certain items used in the manufacture, processing, analyzing, storing, or concealing of methamphetamine to the list of items whose possession is prohibited due to their use in the manufacture of drugs. The provisions prescribed in this paragraph take effect August 1, 2005.
House Bill 164 amends the Health and Safety Code to require a drug wholesaler to make and maintain certain records and reports when selling, transferring, or otherwise furnishing products containing ephedrine, pseudoephedrine, or norpseudoephedrine. The bill provides that a wholesaler who, with reckless disregard, fails to report may be subject to certain disciplinary action. The bill makes it a state jail felony if a person does not comply with these record and reporting requirements, knowingly makes a false statement in relation to such records and reports, or violates a rule related to such records and reports. House Bill 164 also creates a regulation scheme for over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine, including provisions relating to rules by the State Health Services Council, fees collected by the Department of State Health Services, statewide application and uniformity, sales by pharmacies, sales by establishments other than pharmacies and certificates of authority, restriction of access to ephedrine, pseudoephedrine, or norpseudoephedrine, prerequisites to sale, maintenance of records, and administrative penalties. The provisions prescribed in this paragraph take effect August 1, 2005.
House Bill 164 amends the Health and Safety Code to create separate licensing schemes for the wholesale distribution of nonprescription drugs and the wholesale distribution of prescription drugs, both of which are administered by the Department of State Health Services. The bill adds certain provisions applicable only to the wholesale distribution of prescription drugs, including provisions relating to ongoing relationships between certain manufacturers and distributors, exemptions from certain provisions for some wholesale distributors, license application information relating to criminal history records and other personal data for key personnel in the prescription drug distribution chain, qualifications for a license, bonds, minimum restrictions on transactions, required pedigree (electronic record of chain of possession of drug), pedigree contents, and an order to cease distribution. The bill increases the fees the department is allowed to collect for each of the licensing programs from 50 percent of the program expenditures to full recovery for the expenditures. House Bill 164 also provides for the refusal, suspension, or revocation of a license for the wholesale distribution of prescription drugs and nonprescription drugs in the case of an incomplete application or an application containing false, misleading, incorrect, or nonverifiable information. The provisions prescribed in this paragraph take effect on September 1, 2005.
House Bill 164 adds a number of items based on the updated licensing schemes to the list of prohibited acts relating to the wholesale distribution of drugs. The bill creates two new offenses in the Health and Safety Code relating to the wholesale distribution of prescription drugs. The bill makes it an offense punishable by a fine not to exceed $50,000 if a person engages in the wholesale distribution of prescription drugs in violation of the new licensing scheme. The bill provides that if a person knowingly engages in such conduct, the offense is punishable by imprisonment for not more than 15 years, a fine not to exceed $500,000, or both. The provisions prescribed in this paragraph take effect on March 1, 2006.