1-1  By:  Henderson                                         S.B. No. 370
    1-2        (In the Senate - Filed February 16, 1993; February 17, 1993,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  February 22, 1993, reported favorably by the following vote:  Yeas
    1-5  12, Nays 0; February 22, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire                                       x   
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the designation of benzodiazepine as a controlled
   1-24  substance under the Texas Controlled Substances Act.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 481.033, Health and Safety Code, is
   1-27  amended to read as follows:
   1-28        Sec. 481.033.  Schedule II.  Schedule II consists of:
   1-29              (1)  the following substances, however produced, except
   1-30  those narcotic drugs listed in other schedules:
   1-31                    (A)  Opium and opiate, and a salt, compound,
   1-32  derivative, or preparation of opium or opiate, other than naloxone
   1-33  and its salts and naltrexone and its salts, but including:
   1-34                          Codeine;
   1-35                          Ethylmorphine;
   1-36                          Etorphine hydrochloride;
   1-37                          Granulated opium;
   1-38                          Hydrocodone;
   1-39                          Hydromorphone;
   1-40                          Metopon;
   1-41                          Morphine;
   1-42                          Opium extracts;
   1-43                          Opium fluid extracts;
   1-44                          Oxycodone;
   1-45                          Oxymorphone;
   1-46                          Powdered opium;
   1-47                          Raw opium;
   1-48                          Thebaine; and
   1-49                          Tincture of opium;
   1-50                    (B)  a salt, compound, isomer, derivative, or
   1-51  preparation of a substance that is chemically equivalent or
   1-52  identical to a substance described by Paragraph (A), other than the
   1-53  isoquinoline alkaloids of opium;
   1-54                    (C)  Opium poppy and poppy straw;
   1-55                    (D)  Cocaine, including:
   1-56                          (i)  its salts, its optical, position, and
   1-57  geometric isomers, and the salts of those isomers; and
   1-58                          (ii)  coca leaves and a salt, compound,
   1-59  derivative, or preparation of coca leaves that is chemically
   1-60  equivalent or identical to a substance described by this
   1-61  subparagraph or Subparagraph (i), other than decocainized coca
   1-62  leaves or extractions of coca leaves that do not contain cocaine or
   1-63  ecgonine; and
   1-64                    (E)  Concentrate of poppy straw, meaning the
   1-65  crude extract of poppy straw in liquid, solid, or powder form that
   1-66  contains the phenanthrine alkaloids of the opium poppy;
   1-67              (2)  the following opiates, including their isomers,
   1-68  esters, ethers, salts, and salts of isomers, if the existence of
    2-1  these isomers, esters, ethers, and salts is possible within the
    2-2  specific chemical designation:
    2-3                    Alphaprodine;
    2-4                    Anileridine;
    2-5                    Bezitramide;
    2-6                    Dextropropoxyphene, bulk (nondosage form);
    2-7                    Dihydrocodeine;
    2-8                    Diphenoxylate;
    2-9                    Fentanyl;
   2-10                    Isomethadone;
   2-11                    Levomethorphan;
   2-12                    Levorphanol;
   2-13                    Metazocine;
   2-14                    Methadone;
   2-15                    Methadone-Intermediate,
   2-16  4-cyano-2-dimethylamino-4, 4-diphenyl butane;
   2-17                    Moramide-Intermediate, 2-methyl-3-morpholino-1,
   2-18  1-diphenyl-propane-carboxylic acid;
   2-19                    Pethidine;
   2-20                    Pethidine-Intermediate-A,
   2-21  4-cyano-1-methyl-4-phenylpiperidine;
   2-22                    Pethidine-Intermediate-B,
   2-23  ethyl-4-phenylpiperidine-4-carboxylate;
   2-24                    Pethidine-Intermediate-C,
   2-25  1-methyl-4-phenylpiperidine-4-carboxylic acid;
   2-26                    Phenazocine;
   2-27                    Piminodine;
   2-28                    Racemethorphan;
   2-29                    Racemorphan; and
   2-30                    Sufentanil;
   2-31              (3)  unless listed in another schedule and except as
   2-32  provided by Section 481.037, a material, compound, mixture, or
   2-33  preparation that contains any quantity of the following substances
   2-34  having a potential for abuse associated with a stimulant effect on
   2-35  the central nervous system:
   2-36                    Amphetamine, its salts, optical isomers, and
   2-37  salts of its optical isomers;
   2-38                    Methamphetamine, including its salts, optical
   2-39  isomers, and salts of optical isomers;
   2-40                    Methylphenidate and its salts; and
   2-41                    Phenmetrazine and its salts;
   2-42              (4)  unless listed in another schedule, a material,
   2-43  compound, mixture, or preparation that contains any quantity of the
   2-44  following substances having a depressant effect on the central
   2-45  nervous system, including the substance's salts, isomers, and salts
   2-46  of isomers if the existence of the salts, isomers, and salts of
   2-47  isomers is possible within the specific chemical designation:
   2-48                    Amobarbital;
   2-49                    Secobarbital; and
   2-50                    Pentobarbital;
   2-51              (5)  unless specifically excepted or listed in another
   2-52  schedule, a material, compound, mixture, or preparation that
   2-53  contains any quantity of the following substances:
   2-54                    Immediate precursor to methamphetamine:
   2-55                    Phenylacetone and methylamine if possessed
   2-56  together with intent to manufacture methamphetamine;
   2-57                    Immediate precursor to amphetamine and
   2-58  methamphetamine:
   2-59                    Phenylacetone (some trade or other names:
   2-60  phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
   2-61  ketone); and
   2-62                    Immediate precursors to phencyclidine (PCP):
   2-63                    1-phenylcyclohexylamine; <and>
   2-64                    1-piperidinocyclohexanecarbonitrile (PCC); and
   2-65              (6)  a material, compound, mixture, or preparation that
   2-66  contains any quantity of benzodiazepine.
   2-67        SECTION 2.  This Act takes effect September 1, 1993.
   2-68        SECTION 3.  The importance of this legislation and the
   2-69  crowded condition of the calendars in both houses create an
   2-70  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.
    3-3                               * * * * *
    3-4                                                         Austin,
    3-5  Texas
    3-6                                                         February 22,
    3-7  1993
    3-8  Hon. Bob Bullock
    3-9  President of the Senate
   3-10  Sir:
   3-11  We, your Committee on State Affairs to which was referred S.B.
   3-12  No. 370, have had the same under consideration, and I am instructed
   3-13  to report it back to the Senate with the recommendation that it do
   3-14  pass and be printed.
   3-15                                                         Harris of
   3-16  Dallas, Chairman
   3-17                               * * * * *
   3-18                               WITNESSES
   3-19                                                  FOR   AGAINST  ON
   3-20  ___________________________________________________________________
   3-21  Name:  Curtis Burch                                            x
   3-22  Representing:  Tx Dept of Human Services
   3-23  City:  Austin
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   3-25  Name:  Chris Cook                                              x
   3-26  Representing:  Tx Performance Review
   3-27  City:  Austin
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   3-29  Name:  Linda Yarbrough                                         x
   3-30  Representing:  Comptroller of Public Account
   3-31  City:  Austin
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   3-33  Name:  Andrea Cowan                                            x
   3-34  Representing:  Comptroller of Public Account
   3-35  City:  Austin
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