By:  Henderson                                         S.B. No. 370
       73R4376 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the designation of benzodiazepine as a controlled
    1-3  substance under the Texas Controlled Substances Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 481.033, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 481.033.  Schedule II.  Schedule II consists of:
    1-8              (1)  the following substances, however produced, except
    1-9  those narcotic drugs listed in other schedules:
   1-10                    (A)  Opium and opiate, and a salt, compound,
   1-11  derivative, or preparation of opium or opiate, other than naloxone
   1-12  and its salts and naltrexone and its salts, but including:
   1-13                          Codeine;
   1-14                          Ethylmorphine;
   1-15                          Etorphine hydrochloride;
   1-16                          Granulated opium;
   1-17                          Hydrocodone;
   1-18                          Hydromorphone;
   1-19                          Metopon;
   1-20                          Morphine;
   1-21                          Opium extracts;
   1-22                          Opium fluid extracts;
   1-23                          Oxycodone;
   1-24                          Oxymorphone;
    2-1                          Powdered opium;
    2-2                          Raw opium;
    2-3                          Thebaine; and
    2-4                          Tincture of opium;
    2-5                    (B)  a salt, compound, isomer, derivative, or
    2-6  preparation of a substance that is chemically equivalent or
    2-7  identical to a substance described by Paragraph (A), other than the
    2-8  isoquinoline alkaloids of opium;
    2-9                    (C)  Opium poppy and poppy straw;
   2-10                    (D)  Cocaine, including:
   2-11                          (i)  its salts, its optical, position, and
   2-12  geometric isomers, and the salts of those isomers; and
   2-13                          (ii)  coca leaves and a salt, compound,
   2-14  derivative, or preparation of coca leaves that is chemically
   2-15  equivalent or identical to a substance described by this
   2-16  subparagraph or Subparagraph (i), other than decocainized coca
   2-17  leaves or extractions of coca leaves that do not contain cocaine or
   2-18  ecgonine; and
   2-19                    (E)  Concentrate of poppy straw, meaning the
   2-20  crude extract of poppy straw in liquid, solid, or powder form that
   2-21  contains the phenanthrine alkaloids of the opium poppy;
   2-22              (2)  the following opiates, including their isomers,
   2-23  esters, ethers, salts, and salts of isomers, if the existence of
   2-24  these isomers, esters, ethers, and salts is possible within the
   2-25  specific chemical designation:
   2-26                    Alphaprodine;
   2-27                    Anileridine;
    3-1                    Bezitramide;
    3-2                    Dextropropoxyphene, bulk (nondosage form);
    3-3                    Dihydrocodeine;
    3-4                    Diphenoxylate;
    3-5                    Fentanyl;
    3-6                    Isomethadone;
    3-7                    Levomethorphan;
    3-8                    Levorphanol;
    3-9                    Metazocine;
   3-10                    Methadone;
   3-11                    Methadone-Intermediate,
   3-12  4-cyano-2-dimethylamino-4, 4-diphenyl butane;
   3-13                    Moramide-Intermediate, 2-methyl-3-morpholino-1,
   3-14  1-diphenyl-propane-carboxylic acid;
   3-15                    Pethidine;
   3-16                    Pethidine-Intermediate-A,
   3-17  4-cyano-1-methyl-4-phenylpiperidine;
   3-18                    Pethidine-Intermediate-B,
   3-19  ethyl-4-phenylpiperidine-4-carboxylate;
   3-20                    Pethidine-Intermediate-C,
   3-21  1-methyl-4-phenylpiperidine-4-carboxylic acid;
   3-22                    Phenazocine;
   3-23                    Piminodine;
   3-24                    Racemethorphan;
   3-25                    Racemorphan; and
   3-26                    Sufentanil;
   3-27              (3)  unless listed in another schedule and except as
    4-1  provided by Section 481.037, a material, compound, mixture, or
    4-2  preparation that contains any quantity of the following substances
    4-3  having a potential for abuse associated with a stimulant effect on
    4-4  the central nervous system:
    4-5                    Amphetamine, its salts, optical isomers, and
    4-6  salts of its optical isomers;
    4-7                    Methamphetamine, including its salts, optical
    4-8  isomers, and salts of optical isomers;
    4-9                    Methylphenidate and its salts; and
   4-10                    Phenmetrazine and its salts;
   4-11              (4)  unless listed in another schedule, a material,
   4-12  compound, mixture, or preparation that contains any quantity of the
   4-13  following substances having a depressant effect on the central
   4-14  nervous system, including the substance's salts, isomers, and salts
   4-15  of isomers if the existence of the salts, isomers, and salts of
   4-16  isomers is possible within the specific chemical designation:
   4-17                    Amobarbital;
   4-18                    Secobarbital; and
   4-19                    Pentobarbital;
   4-20              (5)  unless specifically excepted or listed in another
   4-21  schedule, a material, compound, mixture, or preparation that
   4-22  contains any quantity of the following substances:
   4-23                    Immediate precursor to methamphetamine:
   4-24                    Phenylacetone and methylamine if possessed
   4-25  together with intent to manufacture methamphetamine;
   4-26                    Immediate precursor to amphetamine and
   4-27  methamphetamine:
    5-1                    Phenylacetone (some trade or other names:
    5-2  phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
    5-3  ketone); and
    5-4                    Immediate precursors to phencyclidine (PCP):
    5-5                    1-phenylcyclohexylamine; <and>
    5-6                    1-piperidinocyclohexanecarbonitrile (PCC); and
    5-7              (6)  a material, compound, mixture, or preparation that
    5-8  contains any quantity of benzodiazepine.
    5-9        SECTION 2.  This Act takes effect September 1, 1993.
   5-10        SECTION 3.  The importance of this legislation and the
   5-11  crowded condition of the calendars in both houses create an
   5-12  emergency and an imperative public necessity that the
   5-13  constitutional rule requiring bills to be read on three several
   5-14  days in each house be suspended, and this rule is hereby suspended.