By: Henderson S.B. No. 370
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the designation of benzodiazepine as a controlled
1-2 substance under the Texas Controlled Substances Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 481.033, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 481.033. Schedule II. Schedule II consists of:
1-7 (1) the following substances, however produced, except
1-8 those narcotic drugs listed in other schedules:
1-9 (A) Opium and opiate, and a salt, compound,
1-10 derivative, or preparation of opium or opiate, other than naloxone
1-11 and its salts and naltrexone and its salts, but including:
1-12 Codeine;
1-13 Ethylmorphine;
1-14 Etorphine hydrochloride;
1-15 Granulated opium;
1-16 Hydrocodone;
1-17 Hydromorphone;
1-18 Metopon;
1-19 Morphine;
1-20 Opium extracts;
1-21 Opium fluid extracts;
1-22 Oxycodone;
1-23 Oxymorphone;
1-24 Powdered opium;
2-1 Raw opium;
2-2 Thebaine; and
2-3 Tincture of opium;
2-4 (B) a salt, compound, isomer, derivative, or
2-5 preparation of a substance that is chemically equivalent or
2-6 identical to a substance described by Paragraph (A), other than the
2-7 isoquinoline alkaloids of opium;
2-8 (C) Opium poppy and poppy straw;
2-9 (D) Cocaine, including:
2-10 (i) its salts, its optical, position, and
2-11 geometric isomers, and the salts of those isomers; and
2-12 (ii) coca leaves and a salt, compound,
2-13 derivative, or preparation of coca leaves that is chemically
2-14 equivalent or identical to a substance described by this
2-15 subparagraph or Subparagraph (i), other than decocainized coca
2-16 leaves or extractions of coca leaves that do not contain cocaine or
2-17 ecgonine; and
2-18 (E) Concentrate of poppy straw, meaning the
2-19 crude extract of poppy straw in liquid, solid, or powder form that
2-20 contains the phenanthrine alkaloids of the opium poppy;
2-21 (2) the following opiates, including their isomers,
2-22 esters, ethers, salts, and salts of isomers, if the existence of
2-23 these isomers, esters, ethers, and salts is possible within the
2-24 specific chemical designation:
2-25 Alphaprodine;
2-26 Anileridine;
2-27 Bezitramide;
3-1 Dextropropoxyphene, bulk (nondosage form);
3-2 Dihydrocodeine;
3-3 Diphenoxylate;
3-4 Fentanyl;
3-5 Isomethadone;
3-6 Levomethorphan;
3-7 Levorphanol;
3-8 Metazocine;
3-9 Methadone;
3-10 Methadone-Intermediate,
3-11 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
3-12 Moramide-Intermediate, 2-methyl-3-morpholino-1,
3-13 1-diphenyl-propane-carboxylic acid;
3-14 Pethidine;
3-15 Pethidine-Intermediate-A,
3-16 4-cyano-1-methyl-4-phenylpiperidine;
3-17 Pethidine-Intermediate-B,
3-18 ethyl-4-phenylpiperidine-4-carboxylate;
3-19 Pethidine-Intermediate-C,
3-20 1-methyl-4-phenylpiperidine-4-carboxylic acid;
3-21 Phenazocine;
3-22 Piminodine;
3-23 Racemethorphan;
3-24 Racemorphan; and
3-25 Sufentanil;
3-26 (3) unless listed in another schedule and except as
3-27 provided by Section 481.037, a material, compound, mixture, or
4-1 preparation that contains any quantity of the following substances
4-2 having a potential for abuse associated with a stimulant effect on
4-3 the central nervous system:
4-4 Amphetamine, its salts, optical isomers, and
4-5 salts of its optical isomers;
4-6 Methamphetamine, including its salts, optical
4-7 isomers, and salts of optical isomers;
4-8 Methylphenidate and its salts; and
4-9 Phenmetrazine and its salts;
4-10 (4) unless listed in another schedule, a material,
4-11 compound, mixture, or preparation that contains any quantity of the
4-12 following substances having a depressant effect on the central
4-13 nervous system, including the substance's salts, isomers, and salts
4-14 of isomers if the existence of the salts, isomers, and salts of
4-15 isomers is possible within the specific chemical designation:
4-16 Amobarbital;
4-17 Secobarbital; and
4-18 Pentobarbital;
4-19 (5) unless specifically excepted or listed in another
4-20 schedule, a material, compound, mixture, or preparation that
4-21 contains any quantity of the following substances:
4-22 Immediate precursor to methamphetamine:
4-23 Phenylacetone and methylamine if possessed
4-24 together with intent to manufacture methamphetamine;
4-25 Immediate precursor to amphetamine and
4-26 methamphetamine:
4-27 Phenylacetone (some trade or other names:
5-1 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
5-2 ketone); and
5-3 Immediate precursors to phencyclidine (PCP):
5-4 1-phenylcyclohexylamine; <and>
5-5 1-piperidinocyclohexanecarbonitrile (PCC); and
5-6 (6) a material, compound, mixture, or preparation that
5-7 contains any quantity of benzodiazepine.
5-8 SECTION 2. This Act takes effect September 1, 1993.
5-9 SECTION 3. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.