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
3-24 -------------------------------------------------------------------
3-25 Name: Chris Cook x
3-26 Representing: Tx Performance Review
3-27 City: Austin
3-28 -------------------------------------------------------------------
3-29 Name: Linda Yarbrough x
3-30 Representing: Comptroller of Public Account
3-31 City: Austin
3-32 -------------------------------------------------------------------
3-33 Name: Andrea Cowan x
3-34 Representing: Comptroller of Public Account
3-35 City: Austin
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