By: Brown S.B. No. 638
73R3156 RWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to controlled substances and drug paraphernalia; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 481.002(5), (17), (25), and (30), Health
1-6 and Safety Code, are amended to read as follows:
1-7 (5) "Controlled substance" means a substance,
1-8 including a drug and an immediate precursor, listed in Schedules I
1-9 through V or Penalty Groups 1 through 4 and includes the total
1-10 amount of any mixture or substance containing a controlled
1-11 substance.
1-12 (17) "Drug paraphernalia" means equipment, a product,
1-13 or material that is used or intended for use in planting,
1-14 propagating, cultivating, growing, harvesting, manufacturing,
1-15 compounding, converting, producing, processing, preparing, testing,
1-16 analyzing, packaging, repackaging, storing, containing, or
1-17 concealing a controlled substance in violation of this chapter or
1-18 in injecting, ingesting, inhaling, or otherwise introducing into
1-19 the human body a controlled substance in violation of this chapter.
1-20 The term includes:
1-21 (A) a kit used or intended for use in planting,
1-22 propagating, cultivating, growing, or harvesting a species of plant
1-23 that is a controlled substance or from which a controlled substance
1-24 may be derived;
2-1 (B) a material, compound, mixture, preparation,
2-2 or kit used or intended for use in manufacturing, compounding,
2-3 converting, producing, processing, or preparing a controlled
2-4 substance;
2-5 (C) an isomerization device used or intended for
2-6 use in increasing the potency of a species of plant that is a
2-7 controlled substance;
2-8 (D) testing equipment used or intended for use
2-9 in identifying or in analyzing the strength, effectiveness, or
2-10 purity of a controlled substance;
2-11 (E) a scale or balance used or intended for use
2-12 in weighing or measuring a controlled substance;
2-13 (F) a dilutant <diluent> or adulterant, such as
2-14 quinine hydrochloride, mannitol, mannite, dextrose, <or> lactose,
2-15 or absorbent blotter-type material, that is used or intended to
2-16 be used to increase the amount or weight of or to transfer <for use
2-17 in cutting> a controlled substance and that may or may not diminish
2-18 the purity of the controlled substance;
2-19 (G) a separation gin or sifter used or intended
2-20 for use in removing twigs and seeds from or in otherwise cleaning
2-21 or refining marihuana;
2-22 (H) a blender, bowl, container, spoon, or mixing
2-23 device used or intended for use in compounding a controlled
2-24 substance;
2-25 (I) a capsule, balloon, envelope, or other
2-26 container used or intended for use in packaging small quantities of
2-27 a controlled substance;
3-1 (J) a container or other object used or intended
3-2 for use in storing or concealing a controlled substance;
3-3 (K) a hypodermic syringe, needle, or other
3-4 object used or intended for use in parenterally injecting a
3-5 controlled substance into the human body; and
3-6 (L) an object used or intended for use in
3-7 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
3-8 hashish, or hashish oil into the human body, including:
3-9 (i) a metal, wooden, acrylic, glass,
3-10 stone, plastic, or ceramic pipe with or without a screen, permanent
3-11 screen, hashish head, or punctured metal bowl;
3-12 (ii) a water pipe;
3-13 (iii) a carburetion tube or device;
3-14 (iv) a smoking or carburetion mask;
3-15 (v) a chamber pipe;
3-16 (vi) a carburetor pipe;
3-17 (vii) an electric pipe;
3-18 (viii) an air-driven pipe;
3-19 (ix) a chillum;
3-20 (x) a bong; or
3-21 (xi) an ice pipe or chiller.
3-22 (25) "Manufacture" means the production, preparation,
3-23 propagation, compounding, conversion, or processing of a controlled
3-24 substance <other than marihuana>, directly or indirectly by
3-25 extraction from substances of natural origin, independently by
3-26 means of chemical synthesis, or by a combination of extraction and
3-27 chemical synthesis, and includes the packaging or repackaging of
4-1 the substance or labeling or relabeling of its container.
4-2 However, the term does not include the preparation, compounding,
4-3 packaging, or labeling of a controlled substance:
4-4 (A) by a practitioner as an incident to the
4-5 practitioner's administering or dispensing a controlled substance
4-6 in the course of professional practice; or
4-7 (B) by a practitioner, or by an authorized agent
4-8 under the supervision of the practitioner, for or as an incident to
4-9 research, teaching, or chemical analysis and not for delivery.
4-10 (30) "Opiate" means a substance that has an
4-11 addiction-forming or addiction-sustaining liability similar to
4-12 morphine or is capable of conversion into a drug having
4-13 addiction-forming or addiction-sustaining liability. The term
4-14 includes its racemic and levorotatory forms. The term does not
4-15 include, unless specifically designated as controlled under Section
4-16 481.034 <481.038>, the dextrorotatory isomer of
4-17 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
4-18 SECTION 2. Subchapter B, Chapter 481, Health and Safety
4-19 Code, is amended to read as follows:
4-20 SUBCHAPTER B. SCHEDULES
4-21 Sec. 481.031. Nomenclature. Controlled substances listed in
4-22 Schedules I through V and Penalty Groups 1 through 4 are included
4-23 by whatever official, common, usual, chemical, or trade name they
4-24 may be designated.
4-25 Sec. 481.032. SCHEDULES. (a) The commissioner shall
4-26 establish and modify the following schedules of controlled
4-27 substances under this subchapter: Schedule I, Schedule II,
5-1 Schedule III, Schedule IV, and Schedule V.
5-2 (b) A reference to a schedule in this chapter means the most
5-3 current version of the schedule established by the commissioner
5-4 under this subchapter and published in the Texas Register on or
5-5 after January 1, 1994. <SCHEDULE I. (a) Schedule I consists of:>
5-6 <(1) the following opiates, including their isomers,
5-7 esters, ethers, salts, and salts of isomers, esters, and ethers,
5-8 unless specifically excepted, if the existence of these isomers,
5-9 esters, ethers, and salts is possible within the specific chemical
5-10 designation:>
5-11 <Alfentanil;>
5-12 <Allylprodine;>
5-13 <Alpha-methylfentanyl or another derivative of
5-14 Fentanyl;>
5-15 <Benzethidine;>
5-16 <Betaprodine;>
5-17 <Clonitazene;>
5-18 <Diampromide;>
5-19 <Diethylthiambutene;>
5-20 <Difenoxin;>
5-21 <Dimenoxadol;>
5-22 <Dimethylthiambutene;>
5-23 <Dioxaphetyl butyrate;>
5-24 <Dipipanone;>
5-25 <Ethylmethylthiambutene;>
5-26 <Etonitazene;>
5-27 <Etoxeridine;>
6-1 <Furethidine;>
6-2 <Hydroxypethidine;>
6-3 <Ketobemidone;>
6-4 <Levophenacylmorphan;>
6-5 <Meprodine;>
6-6 <Methadol;>
6-7 <Moramide;>
6-8 <Morpheridine;>
6-9 <Noracymethadol;>
6-10 <Norlevorphanol;>
6-11 <Normethadone;>
6-12 <Norpipanone;>
6-13 <Phenadoxone;>
6-14 <Phenampromide;>
6-15 <Phencyclidine;>
6-16 <Phenomorphan;>
6-17 <Phenoperidine;>
6-18 <Piritramide;>
6-19 <Proheptazine;>
6-20 <Properidine;>
6-21 <Propiram;>
6-22 <Tilidine; and>
6-23 <Trimeperidine;>
6-24 <(2) the following opium derivatives, their salts,
6-25 isomers, and salts of isomers, unless specifically excepted, if the
6-26 existence of these salts, isomers, and salts of isomers is possible
6-27 within the specific chemical designation:>
7-1 <Acetorphine;>
7-2 <Acetyldihydrocodeine;>
7-3 <Benzylmorphine;>
7-4 <Codeine methylbromide;>
7-5 <Codeine-N-Oxide;>
7-6 <Cyprenorphine;>
7-7 <Desomorphine;>
7-8 <Dihydromorphine;>
7-9 <Drotebanol;>
7-10 <Etorphine (except hydrochloride salt);>
7-11 <Heroin;>
7-12 <Hydromorphinol;>
7-13 <Methyldesorphine;>
7-14 <Methyldihydromorphine;>
7-15 <Monoacetylmorphine;>
7-16 <Morphine methylbromide;>
7-17 <Morphine methylsulfonate;>
7-18 <Morphine-N-Oxide;>
7-19 <Myrophine;>
7-20 <Nicocodeine;>
7-21 <Nicomorphine;>
7-22 <Normorphine;>
7-23 <Pholcodine; and>
7-24 <Thebacon;>
7-25 <(3) unless specifically excepted or unless listed in
7-26 another schedule, a material, compound, mixture, or preparation
7-27 that contains any quantity of the following hallucinogenic
8-1 substances or that contains any of the substance's salts, isomers,
8-2 and salts of isomers if the existence of the salts, isomers, and
8-3 salts of isomers is possible within the specific chemical
8-4 designation:>
8-5 <4-bromo-2, 5-dimethoxyamphetamine (some trade or
8-6 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
8-7 4-bromo-2, 5-DMA);>
8-8 <2, 5-dimethoxyamphetamine (some trade or other
8-9 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);>
8-10 <5-methoxy-3, 4-methylenedioxy amphetamine;>
8-11 <4-methoxyamphetamine (some trade or other
8-12 names: 4-methoxy-alpha-methylphenethylamine;
8-13 paramethoxyamphetamine; PMA);>
8-14 <1-methyl-4-phenyl-1, 2, 5, 6-tetrahydro-pyridine
8-15 (MPTP);>
8-16 <1-methyl-4-phenyl-4-propionoxy-piperidine (MPPP,
8-17 PPMP);>
8-18 <4-methyl-2, 5-dimethoxyamphetamine (some trade
8-19 and other names: 4-methyl-2,
8-20 5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP");>
8-21 <3, 4-methylene-dioxy methamphetamine (MDMA,
8-22 MDM);>
8-23 <3, 4-methylenedioxy amphetamine;>
8-24 <3, 4, 5-trimethoxy amphetamine;>
8-25 <Bufotenine (some trade and other
8-26 names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
8-27 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
9-1 5-hydroxy-N, N-dimethyltryptamine; mappine);>
9-2 <Diethyltryptamine (some trade and other names:
9-3 N, N-Diethyltryptamine, DET);>
9-4 <Dimethyltryptamine (some trade and other names:
9-5 DMT);>
9-6 <Ethylamine Analog of Phencyclidine (some trade
9-7 or other names: N-ethyl-1-phenylcyclohexylamine;
9-8 (1-phenylcyclohexyl) ethylamine;
9-9 N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);>
9-10 <Ibogaine (some trade or other names: 7-Ethyl-6,
9-11 6, beta, 7, 8, 9, 10, 12, 13, --octahydro-2-methoxy-6,
9-12 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
9-13 tabernanthe iboga);>
9-14 <Lysergic acid diethylamide;>
9-15 <Marihuana;>
9-16 <Mescaline;>
9-17 <N-ethyl-3-piperidyl benzilate;>
9-18 <N-methyl-3-piperidyl benzilate;>
9-19 <Parahexyl (some trade or other
9-20 names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
9-21 9-tri-methyl-6H-dibenzo (b,d) pyran; Synhexyl);>
9-22 <Peyote, unless unharvested and growing in its
9-23 natural state, meaning all parts of the plant classified
9-24 botanically as Lophophora, whether growing or not, the seeds of the
9-25 plant, an extract from a part of the plant, and every compound,
9-26 manufacture, salt, derivative, mixture, or preparation of the
9-27 plant, its seeds, or extracts;>
10-1 <Psilocybin;>
10-2 <Psilocin;>
10-3 <Pyrrolidine Analog of Phencyclidine (some trade
10-4 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);>
10-5 <Synthetic equivalents of the substances
10-6 contained in the plant Cannabis, or in the resinous extractives of
10-7 that plant, and synthetic substances, derivatives, and their
10-8 isomers with similar chemical structure and pharmacological
10-9 activity such as:>
10-10 <delta-1 cis or trans tetrahydrocannabinol, and
10-11 their optical isomers;>
10-12 <delta-6 cis or trans tetrahydrocannabinol, and
10-13 their optical isomers;>
10-14 <delta-3, 4 cis or trans tetrahydrocannabinol,
10-15 and its optical isomers;>
10-16 <(Compounds of these structures, regardless of
10-17 numerical designation of atomic positions, since nomenclature of
10-18 these substances is not internationally standardized);>
10-19 <Tetrahydrocannabinols; and>
10-20 <Thiophene Analog of Phencyclidine (some trade or
10-21 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
10-22 Analog of Phencyclidine; TPCP);>
10-23 <(4) unless specifically excepted or unless listed in
10-24 another schedule, a material, compound, mixture, or preparation
10-25 that contains any quantity of the following substances having a
10-26 depressant or stimulant effect on the central nervous system,
10-27 including the substance's salts, isomers, and salts of isomers if
11-1 the existence of the salts, isomers, and salts of isomers is
11-2 possible within the specific chemical designation:>
11-3 <Fenethylline;>
11-4 <Mecloqualone;>
11-5 <Methaqualone;>
11-6 <N-ethylamphetamine; and>
11-7 <Nitrazepam; and>
11-8 <(5) temporary listing of substances subject to
11-9 emergency scheduling by the Federal Drug Enforcement
11-10 Administration, and any material, compound, mixture, or preparation
11-11 that contains any quantity of the following substances:>
11-12 <N, N-dimethylamphetamine (Some trade or other
11-13 names: N,N,alpha-trimethylbenzeneethaneamine;
11-14 N,N,alpha-trimethylphenethylamine; including its salts, optical
11-15 isomers, and salts of optical isomers);>
11-16 <4-methylaminorex;>
11-17 <3, 4-methylenedioxy N-ethylamphetamine (Also
11-18 known as N-ethyl MDA);>
11-19 <N-hydroxy-3,4-methylenedioxyamphetamine (Also
11-20 known as N-hydroxy MDA).>
11-21 <(b) For the purposes of Subsection (a)(3) only, the term
11-22 "isomer" includes optical, position, and geometric isomers.>
11-23 <Sec. 481.033. SCHEDULE II. Schedule II consists of:>
11-24 <(1) the following substances, however produced,
11-25 except those narcotic drugs listed in other schedules:>
11-26 <(A) Opium and opiate, and a salt, compound,
11-27 derivative, or preparation of opium or opiate, other than naloxone
12-1 and its salts and naltrexone and its salts, but including:>
12-2 <Codeine;>
12-3 <Ethylmorphine;>
12-4 <Etorphine hydrochloride;>
12-5 <Granulated opium;>
12-6 <Hydrocodone;>
12-7 <Hydromorphone;>
12-8 <Metopon;>
12-9 <Morphine;>
12-10 <Opium extracts;>
12-11 <Opium fluid extracts;>
12-12 <Oxycodone;>
12-13 <Oxymorphone;>
12-14 <Powdered opium;>
12-15 <Raw opium;>
12-16 <Thebaine; and>
12-17 <Tincture of opium;>
12-18 <(B) a salt, compound, isomer, derivative, or
12-19 preparation of a substance that is chemically equivalent or
12-20 identical to a substance described by Paragraph (A), other than the
12-21 isoquinoline alkaloids of opium;>
12-22 <(C) Opium poppy and poppy straw;>
12-23 <(D) Cocaine, including:>
12-24 <(i) its salts, its optical, position, and
12-25 geometric isomers, and the salts of those isomers; and>
12-26 <(ii) coca leaves and a salt, compound,
12-27 derivative, or preparation of coca leaves that is chemically
13-1 equivalent or identical to a substance described by this
13-2 subparagraph or Subparagraph (i), other than decocainized coca
13-3 leaves or extractions of coca leaves that do not contain cocaine or
13-4 ecgonine; and>
13-5 <(E) Concentrate of poppy straw, meaning the
13-6 crude extract of poppy straw in liquid, solid, or powder form that
13-7 contains the phenanthrine alkaloids of the opium poppy;>
13-8 <(2) the following opiates, including their isomers,
13-9 esters, ethers, salts, and salts of isomers, if the existence of
13-10 these isomers, esters, ethers, and salts is possible within the
13-11 specific chemical designation:>
13-12 <Alphaprodine;>
13-13 <Anileridine;>
13-14 <Bezitramide;>
13-15 <Dextropropoxyphene, bulk (nondosage form);>
13-16 <Dihydrocodeine;>
13-17 <Diphenoxylate;>
13-18 <Fentanyl;>
13-19 <Isomethadone;>
13-20 <Levomethorphan;>
13-21 <Levorphanol;>
13-22 <Metazocine;>
13-23 <Methadone;>
13-24 <Methadone-Intermediate,
13-25 4-cyano-2-dimethylamino-4, 4-diphenyl butane;>
13-26 <Moramide-Intermediate, 2-methyl-3-morpholino-1,
13-27 1-diphenyl-propane-carboxylic acid;>
14-1 <Pethidine;>
14-2 <Pethidine-Intermediate-A,
14-3 4-cyano-1-methyl-4-phenylpiperidine;>
14-4 <Pethidine-Intermediate-B,
14-5 ethyl-4-phenylpiperidine-4-carboxylate;>
14-6 <Pethidine-Intermediate-C,
14-7 1-methyl-4-phenylpiperidine-4-carboxylic acid;>
14-8 <Phenazocine;>
14-9 <Piminodine;>
14-10 <Racemethorphan;>
14-11 <Racemorphan; and>
14-12 <Sufentanil;>
14-13 <(3) unless listed in another schedule and except as
14-14 provided by Section 481.037, a material, compound, mixture, or
14-15 preparation that contains any quantity of the following substances
14-16 having a potential for abuse associated with a stimulant effect on
14-17 the central nervous system:>
14-18 <Amphetamine, its salts, optical isomers, and
14-19 salts of its optical isomers;>
14-20 <Methamphetamine, including its salts, optical
14-21 isomers, and salts of optical isomers;>
14-22 <Methylphenidate and its salts; and>
14-23 <Phenmetrazine and its salts;>
14-24 <(4) unless listed in another schedule, a material,
14-25 compound, mixture, or preparation that contains any quantity of the
14-26 following substances having a depressant effect on the central
14-27 nervous system, including the substance's salts, isomers, and salts
15-1 of isomers if the existence of the salts, isomers, and salts of
15-2 isomers is possible within the specific chemical designation:>
15-3 <Amobarbital;>
15-4 <Secobarbital; and>
15-5 <Pentobarbital;>
15-6 <(5) unless specifically excepted or listed in another
15-7 schedule, a material, compound, mixture, or preparation that
15-8 contains any quantity of the following substances:>
15-9 <Immediate precursor to methamphetamine:>
15-10 <Phenylacetone and methylamine if possessed
15-11 together with intent to manufacture methamphetamine;>
15-12 <Immediate precursor to amphetamine and
15-13 methamphetamine:>
15-14 <Phenylacetone (some trade or other names:
15-15 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
15-16 ketone); and>
15-17 <Immediate precursors to phencyclidine (PCP):>
15-18 <1-phenylcyclohexylamine; and>
15-19 <1-piperidinocyclohexanecarbonitrile (PCC).>
15-20 <Sec. 481.034. SCHEDULE III. Schedule III consists of:>
15-21 <(1) unless listed in another schedule and except as
15-22 provided by Section 481.037, a material, compound, mixture, or
15-23 preparation that contains any quantity of the following substances
15-24 having a potential for abuse associated with a depressant effect on
15-25 the central nervous system:>
15-26 <a compound, mixture, or preparation containing
15-27 amobarbital, secobarbital, pentobarbital, or any of their salts and
16-1 one or more active medicinal ingredients that are not listed in a
16-2 schedule;>
16-3 <a suppository dosage form containing
16-4 amobarbital, secobarbital, pentobarbital, or any of their salts and
16-5 approved by the Food and Drug Administration for marketing only as
16-6 a suppository;>
16-7 <a substance that contains any quantity of a
16-8 derivative of barbituric acid, or any salt of a derivative of
16-9 barbituric acid, except those substances that are specifically
16-10 listed in other schedules;>
16-11 <Chlorhexadol;>
16-12 <Glutethimide;>
16-13 <Lysergic acid;>
16-14 <Lysergic acid amide;>
16-15 <Methyprylon;>
16-16 <Sulfondiethylmethane;>
16-17 <Sulfonethylmethane; and>
16-18 <Sulfonmethane;>
16-19 <(2) Nalorphine;>
16-20 <(3) a material, compound, mixture, or preparation
16-21 containing limited quantities of any of the following narcotic
16-22 drugs, or any of their salts:>
16-23 <not more than 1.8 grams of codeine, or any of
16-24 its salts, per 100 milliliters or not more than 90 milligrams per
16-25 dosage unit, with an equal or greater quantity of an isoquinoline
16-26 alkaloid of opium;>
16-27 <not more than 1.8 grams of codeine, or any of
17-1 its salts, per 100 milliliters or not more than 90 milligrams per
17-2 dosage unit, with one or more active, nonnarcotic ingredients in
17-3 recognized therapeutic amounts;>
17-4 <not more than 300 milligrams of
17-5 dihydrocodeinone, or any of its salts, per 100 milliliters or not
17-6 more than 15 milligrams per dosage unit, with a fourfold or greater
17-7 quantity of an isoquinoline alkaloid of opium;>
17-8 <not more than 300 milligrams of
17-9 dihydrocodeinone, or any of its salts, per 100 milliliters or not
17-10 more than 15 milligrams per dosage unit, with one or more active,
17-11 nonnarcotic ingredients in recognized therapeutic amounts;>
17-12 <not more than 1.8 grams of dihydrocodeine, or
17-13 any of its salts, per 100 milliliters or not more than 90
17-14 milligrams per dosage unit, with one or more active, nonnarcotic
17-15 ingredients in recognized therapeutic amounts;>
17-16 <not more than 300 milligrams of ethylmorphine,
17-17 or any of its salts, per 100 milliliters or not more than 15
17-18 milligrams per dosage unit, with one or more ingredients in
17-19 recognized therapeutic amounts;>
17-20 <not more than 500 milligrams of opium per 100
17-21 milliliters or per 100 grams, or not more than 25 milligrams per
17-22 dosage unit, with one or more active, nonnarcotic ingredients in
17-23 recognized therapeutic amounts;>
17-24 <not more than 50 milligrams of morphine, or any
17-25 of its salts, per 100 milliliters or per 100 grams with one or more
17-26 active, nonnarcotic ingredients in recognized therapeutic amounts;
17-27 and>
18-1 <(4) unless listed in another schedule, a material,
18-2 compound, mixture, or preparation that contains any quantity of the
18-3 following substances having a stimulant effect on the central
18-4 nervous system, including the substance's salts, optical, position,
18-5 or geometric isomers, and salts of the substance's isomers, if the
18-6 existence of the salts, isomers, and salts of isomers is possible
18-7 within the specific chemical designation:>
18-8 <Benzphetamine;>
18-9 <Chlorphentermine;>
18-10 <Clortermine; and>
18-11 <Phendimetrazine.>
18-12 <Sec. 481.035. SCHEDULE IV. Schedule IV consists of:>
18-13 <(1) except as provided by Section 481.037, a
18-14 material, compound, mixture, or preparation that contains any
18-15 quantity of the following substances having a potential for abuse
18-16 associated with a depressant effect on the central nervous system:>
18-17 <Alprazolam;>
18-18 <Barbital;>
18-19 <Chloral betaine;>
18-20 <Chloral hydrate;>
18-21 <Chlordiazepoxide;>
18-22 <Clonazepam;>
18-23 <Clorazepate;>
18-24 <Diazepam;>
18-25 <Ethchlorvynol;>
18-26 <Ethinamate;>
18-27 <Flurazepam;>
19-1 <Halazepam;>
19-2 <Lorazepam;>
19-3 <Mebutamate;>
19-4 <Meprobamate;>
19-5 <Methohexital;>
19-6 <Methylphenobarbital;>
19-7 <Oxazepam;>
19-8 <Paraldehyde;>
19-9 <Pentazocine, its salts, derivatives, compounds,
19-10 or mixtures;>
19-11 <Petrichloral;>
19-12 <Phenobarbital;>
19-13 <Prazepam;>
19-14 <Temazepam; and>
19-15 <Triazolam;>
19-16 <(2) unless listed in another schedule, a material,
19-17 compound, mixture, or preparation that contains any quantity of the
19-18 following substances having a stimulant effect on the central
19-19 nervous system, including the substance's salts, optical, position,
19-20 or geometric isomers, and salts of those isomers if the existence
19-21 of the salts, isomers, and salts of isomers is possible within the
19-22 specific designation:>
19-23 <Diethylpropion;>
19-24 <Fenfluramine;>
19-25 <Mazindol;>
19-26 <Pemoline (including organometallic complexes and
19-27 their chelates);>
20-1 <Phentermine;>
20-2 <Pipradol; and>
20-3 <SPA ((-)-1-dimethyamino-1, 2-diphenylethane);>
20-4 <(3) unless specifically excepted or unless listed in
20-5 another schedule, a material, compound, mixture, or preparation
20-6 that contains any quantity of the following substances, including
20-7 the substance's salts:>
20-8 <Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,>
20-9 <2-diphenyl-3-methyl-2-propionoxybutane);>
20-10 <(4) unless specifically excepted or unless listed in
20-11 another schedule, a material, compound, mixture, or preparation
20-12 containing limited quantities of the following narcotic drug or its
20-13 salts:>
20-14 <not more than 1 milligram of difenoxin and not
20-15 less than 25 micrograms of atropine sulfate per dosage unit; and>
20-16 <(5) any human growth hormone or any of the following
20-17 anabolic steroids, or any isomer, ester, salt, or derivative of the
20-18 following that acts in the same manner on the human body:>
20-19 <Clostebol;>
20-20 <Dehydrochlormethyltestosterone;>
20-21 <Ethylestrenol;>
20-22 <Fluoxymesterone;>
20-23 <Mesterolone;>
20-24 <Methandienone;>
20-25 <Methandrostenolone;>
20-26 <Methenolone;>
20-27 <Methyltestosterone;>
21-1 <Nandrolone;>
21-2 <Norethandrolone;>
21-3 <Oxandrolone;>
21-4 <Oxymesterone;>
21-5 <Oxymetholone;>
21-6 <Stanozolol; and>
21-7 <Testosterone.>
21-8 <Sec. 481.036. SCHEDULE V. Schedule V consists of a
21-9 controlled substance that is a compound, mixture, or preparation
21-10 containing limited quantities of any of the following narcotic
21-11 drugs that also contain one or more nonnarcotic active medicinal
21-12 ingredients in sufficient proportion to confer on the compound,
21-13 mixture, or preparation valuable medicinal qualities other than
21-14 those possessed by the narcotic drug alone:>
21-15 <(1) not more than 200 milligrams of codeine, or any
21-16 of its salts, per 100 milliliters or per 100 grams;>
21-17 <(2) not more than 100 milligrams of dihydrocodeine,
21-18 or any of its salts, per 100 milliliters or per 100 grams;>
21-19 <(3) not more than 100 milligrams of ethylmorphine, or
21-20 any of its salts, per 100 milliliters or per 100 grams;>
21-21 <(4) not more than 2.5 milligrams of diphenoxylate and
21-22 not less than 25 micrograms of atropine sulfate per dosage unit;>
21-23 <(5) not more than 15 milligrams of opium per 29.5729
21-24 milliliters or per 28.35 grams; and>
21-25 <(6) not more than 0.5 milligrams of difenoxin and not
21-26 less than 25 micrograms of atropine sulfate per dosage unit.>
21-27 Sec. 481.033 <481.037>. Exclusion From Schedules and
22-1 Application of Act. (a) A nonnarcotic substance is excluded from
22-2 Schedules I through V if the substance may lawfully be sold over
22-3 the counter without a prescription, under the Federal Food, Drug,
22-4 and Cosmetic Act (21 U.S.C. Section 301 et seq.).
22-5 (b) The commissioner may not include in the schedules:
22-6 (1) a substance described by Subsection (a); or
22-7 (2) distilled spirits, wine, malt beverages, or
22-8 tobacco.
22-9 (c) A compound, mixture, or preparation containing a
22-10 stimulant substance listed in Schedule II <Section 481.033(3)> is
22-11 excepted from the application of this chapter if the compound,
22-12 mixture, or preparation contains one or more active medicinal
22-13 ingredients not having a stimulant effect on the central nervous
22-14 system and if the admixtures are included in combinations,
22-15 quantity, proportions, or concentrations that vitiate the potential
22-16 for abuse of the substance having a stimulant effect on the central
22-17 nervous system.
22-18 (d) A compound, mixture, or preparation containing a
22-19 depressant substance listed in Schedule III or IV <Section
22-20 481.034(1) or 481.035(1)> is excepted from the application of this
22-21 chapter if the compound, mixture, or preparation contains one or
22-22 more active medicinal ingredients not having a depressant effect on
22-23 the central nervous system and if the admixtures are included in
22-24 combinations, quantity, proportions, or concentrations that vitiate
22-25 the potential for abuse of the substance having a depressant effect
22-26 on the central nervous system.
22-27 Sec. 481.034 <481.038>. ESTABLISHMENT AND ALTERATION OF
23-1 SCHEDULES BY COMMISSIONER. (a) The commissioner, with the
23-2 approval of the Texas Board of Health, shall establish a list of
23-3 <may add> substances designated in <to> Schedules I through V and
23-4 may add, delete, or reschedule substances listed in those
23-5 schedules. The commissioner shall assign a controlled substance to
23-6 a schedule:
23-7 (1) subject to Section 481.035; and
23-8 (2) not inconsistent with any other provision of this
23-9 subchapter <Section 481.039>.
23-10 (b) Except for alterations in schedules required by
23-11 Subsection (g), the commissioner may not make an alteration in a
23-12 schedule unless the commissioner holds a public hearing on the
23-13 matter in Austin.
23-14 (c) The commissioner may not:
23-15 (1) add a substance to the schedules if<:>
23-16 <(1)> the substance has been deleted from the
23-17 schedules by the legislature; <or>
23-18 (2) delete a substance from the schedules if the
23-19 substance has been added to the schedules by the legislature; or
23-20 (3) reschedule a substance if the substance has been
23-21 placed in the schedules by the legislature <legislation attempting
23-22 to add the substance to the schedules has failed to pass when
23-23 considered by a quorum of either house of the legislature>.
23-24 (d) In making a determination regarding a substance, the
23-25 commissioner shall consider:
23-26 (1) the actual or relative potential for its abuse;
23-27 (2) the scientific evidence of its pharmacological
24-1 effect, if known;
24-2 (3) the state of current scientific knowledge
24-3 regarding the substance;
24-4 (4) the history and current pattern of its abuse;
24-5 (5) the scope, duration, and significance of its
24-6 abuse;
24-7 (6) the risk to the public health;
24-8 (7) the potential of the substance to produce
24-9 psychological or physiological dependence liability; and
24-10 (8) whether the substance is an immediate precursor of
24-11 a substance already controlled under this chapter.
24-12 (e) After considering the factors listed in Subsection (d),
24-13 the commissioner shall make findings with respect to those factors
24-14 and adopt a rule controlling the substance if the commissioner
24-15 finds the substance has a potential for abuse.
24-16 (f) If the commissioner designates a substance as an
24-17 immediate precursor, a substance that is a precursor of the
24-18 controlled precursor is not subject to control solely because it is
24-19 a precursor of the controlled precursor.
24-20 (g) Except as otherwise provided by this subsection, if a
24-21 substance is designated, added, rescheduled, or deleted as a
24-22 controlled substance under federal law and notice of that fact is
24-23 given to the commissioner, the commissioner similarly shall control
24-24 the substance under this chapter. After the expiration of a 30-day
24-25 period beginning on the day after the date of publication in the
24-26 Federal Register of a final order designating a substance as a
24-27 controlled substance or adding, rescheduling, or deleting a
25-1 substance, the commissioner similarly shall designate, add,
25-2 reschedule, or delete the substance, unless the commissioner
25-3 objects during the period. If the commissioner objects, the
25-4 commissioner shall publish the reasons for the objection and give
25-5 all interested parties an opportunity to be heard. At the
25-6 conclusion of the hearing, the commissioner shall publish a
25-7 decision, which is final unless altered by statute. On publication
25-8 of an objection by the commissioner, control as to that particular
25-9 substance under this chapter is stayed until the commissioner
25-10 publishes the commissioner's decision.
25-11 (h) Not later than the 10th day after the date on which the
25-12 commissioner designates, adds, deletes, or reschedules a substance
25-13 under Subsection (a), the commissioner shall give written notice of
25-14 that action to the director and to each state licensing agency
25-15 having jurisdiction over practitioners.
25-16 Sec. 481.035 <481.039>. Findings. (a) The commissioner
25-17 shall place a substance in Schedule I if the commissioner finds
25-18 that the substance:
25-19 (1) has a high potential for abuse; and
25-20 (2) has no accepted medical use in treatment in the
25-21 United States or lacks accepted safety for use in treatment under
25-22 medical supervision.
25-23 (b) The commissioner shall place a substance in Schedule II
25-24 if the commissioner finds that:
25-25 (1) the substance has a high potential for abuse;
25-26 (2) the substance has currently accepted medical use
25-27 in treatment in the United States; and
26-1 (3) abuse of the substance may lead to severe
26-2 psychological or physical dependence.
26-3 (c) The commissioner shall place a substance in Schedule III
26-4 if the commissioner finds that:
26-5 (1) the substance has a potential for abuse less than
26-6 that of the substances listed in Schedules I and II;
26-7 (2) the substance has currently accepted medical use
26-8 in treatment in the United States; and
26-9 (3) abuse of the substance may lead to moderate or low
26-10 physical dependence or high psychological dependence.
26-11 (d) The commissioner shall place a substance in Schedule IV
26-12 if the commissioner finds that:
26-13 (1) the substance has a lower potential for abuse than
26-14 that of the substances listed in Schedule III;
26-15 (2) the substance has currently accepted medical use
26-16 in treatment in the United States; and
26-17 (3) abuse of the substance may lead to a more limited
26-18 physical or psychological dependence than that of the substances
26-19 listed in Schedule III.
26-20 (e) The commissioner shall place a substance in Schedule V
26-21 if the commissioner finds that the substance:
26-22 (1) has a lower potential for abuse than that of the
26-23 substances listed in Schedule IV;
26-24 (2) has currently accepted medical use in treatment in
26-25 the United States; and
26-26 (3) may lead to a more limited physical or
26-27 psychological dependence liability than that of the substances
27-1 listed in Schedule IV.
27-2 Sec. 481.036 <481.040>. Publication of Schedules. (a) The
27-3 commissioner shall publish the schedules <annually> by filing a
27-4 certified copy of the schedules with the secretary of state not
27-5 later than the fifth working day after the date the Texas Board of
27-6 Health approves an action by the commissioner under this
27-7 subchapter.
27-8 (b) Each published schedule must show changes, if any, made
27-9 in the schedule since its latest publication.
27-10 (c) An action by the commissioner that is approved by the
27-11 Texas Board of Health and establishes or changes a schedule under
27-12 this subchapter may not take effect before the 21st day after the
27-13 date on which the schedule or change is filed for publication with
27-14 the secretary of state unless an emergency exists for which the
27-15 action before that date is necessary to avoid an imminent hazard to
27-16 the public safety.
27-17 SECTION 3. The heading of Subchapter C, Chapter 481, Health
27-18 and Safety Code, is amended to read as follows:
27-19 SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION,
27-20 AND DISPENSATION OF CONTROLLED SUBSTANCES,
27-21 CHEMICAL PRECURSORS, AND CHEMICAL LABORATORY
27-22 GLASSWARE OR APPARATUS
27-23 SECTION 4. Sections 481.063(a), (e), and (f), Health and
27-24 Safety Code, are amended to read as follows:
27-25 (a) The director may not issue a registration to a person to
27-26 manufacture, distribute, analyze, or conduct research with a
27-27 controlled substance unless the director receives a consent form
28-1 signed by the person granting the director the right to inspect the
28-2 person's controlled premises and any controlled substance or other
28-3 item covered by this chapter.
28-4 (e) An application for registration to manufacture,
28-5 distribute, analyze, <or> dispense, or conduct research with a
28-6 controlled substance may be denied on a finding that the applicant:
28-7 (1) has furnished false or fraudulent material
28-8 information in an application filed under this chapter;
28-9 (2) has been convicted of or placed on probation as a
28-10 part of deferred adjudication or otherwise for a felony violation
28-11 of Chapters 481 through 485, or an offense reasonably related to
28-12 the registration sought;
28-13 (3) has had suspended, denied, or revoked a
28-14 registration or application for registration to manufacture,
28-15 distribute, analyze, or dispense controlled substances under the
28-16 Federal Controlled Substances Act;
28-17 (4) has had suspended or revoked a practitioner's
28-18 license under the laws of this state;
28-19 (5) has failed to establish and maintain effective
28-20 controls against diversion of controlled substances into other than
28-21 legitimate medical, scientific, or industrial channels as provided
28-22 by federal regulations or laws;
28-23 (6) has <wilfully> failed to maintain records required
28-24 to be kept or has <wilfully or unreasonably> refused to allow an
28-25 inspection authorized by this chapter; <or>
28-26 (7) has violated this chapter or a rule adopted under
28-27 this chapter; or
29-1 (8) has voluntarily surrendered a registration and the
29-2 voluntary surrender is in effect under a rule adopted under this
29-3 subchapter at the time the application is made or pending.
29-4 (f) The director may inspect the premises or establishment
29-5 of an applicant for registration in accordance with this chapter.
29-6 SECTION 5. Section 481.066, Health and Safety Code, is
29-7 amended to read as follows:
29-8 Sec. 481.066. VOLUNTARY SURRENDER, SUSPENSION, OR REVOCATION
29-9 OF REGISTRATION. (a) The director <A district court> may accept a
29-10 voluntary surrender of a registration under a rule adopted under
29-11 this subchapter or may suspend or revoke a registration for a cause
29-12 described by Section 481.063(e).
29-13 (b) The director <The attorney representing the state in
29-14 district court or the attorney general shall file and prosecute
29-15 appropriate judicial proceedings for the suspension or revocation
29-16 of a registrant's registration on presentation of competent
29-17 evidence by the director. A proceeding under this section may be
29-18 maintained in:>
29-19 <(1) the registrant's county of residence;>
29-20 <(2) the county in which the registrant maintains a
29-21 place of business or practice;>
29-22 <(3) the county in which a wrongful act under Section
29-23 481.063(e) was committed; or>
29-24 <(4) Travis County.>
29-25 <(b) A petition for the suspension or revocation of a
29-26 registration is sufficient if it substantially complies with the
29-27 following requirements:>
30-1 <(1) the petitioner must be "The State of Texas";>
30-2 <(2) the petition must be directed to the registrant
30-3 whose license is sought to be suspended or revoked;>
30-4 <(3) the petition must contain a short statement of
30-5 the cause of action sufficient to give notice of the grounds on
30-6 which suspension or revocation of the registration is sought;>
30-7 <(4) the petition must ask for a suspension or
30-8 revocation of the registration; and>
30-9 <(5) the petition must be verified by the director.>
30-10 <(c) A court that suspends or revokes a registration> may
30-11 limit the suspension or revocation to the particular schedule or
30-12 controlled substance within a schedule for which grounds for
30-13 suspension or revocation exist.
30-14 (c) After ordering acceptance of a voluntary surrender or
30-15 the suspension or revocation of a registration, the director may
30-16 seize <(d) If a registration is suspended or revoked, at the time
30-17 of suspension or the effective date of the revocation order the
30-18 court may place under seal> all controlled substances owned or
30-19 possessed by the registrant. A disposition may not be made of the
30-20 seized substances <under seal> until the time for administrative
30-21 appeal of the director's order has elapsed or until all appeals
30-22 have been concluded, except that the director <on an application
30-23 the court> may order the sale of perishable substances and deposit
30-24 of the proceeds of the sale in an account established for this
30-25 purpose <with the court>. When a surrender, suspension, or
30-26 revocation order becomes final, all controlled substances may be
30-27 forfeited to the state as provided under Section 481.157.
31-1 (e) The operation of a registrant in violation of this
31-2 section is a public nuisance, and the director may apply to any
31-3 court of competent jurisdiction for an injunction suspending the
31-4 registration of the registrant.
31-5 (f) The Administrative Procedure and Texas Register Act
31-6 (Article 6252-13a, Vernon's Texas Civil Statutes) applies to a
31-7 proceeding <Rules of Civil Procedure govern proceedings> under this
31-8 section to the extent that it does <they do> not conflict with this
31-9 subchapter <section>.
31-10 (g) The director shall promptly notify relevant state
31-11 agencies of an order accepting a voluntary surrender or suspending
31-12 or revoking a registration and the forfeiture of controlled
31-13 substances.
31-14 (h) The director shall give written notice to the applicant
31-15 or registrant of any action ordering the acceptance of a voluntary
31-16 surrender, suspension, revocation, or denial of a registration.
31-17 The notice shall be sent by registered mail, return receipt
31-18 requested, to the most current address of the registrant or
31-19 applicant contained in the files of the Department of Public
31-20 Safety.
31-21 (i) After a voluntary surrender, suspension, revocation, or
31-22 denial of a registration, the applicant or former registrant may
31-23 petition the director for issuance or reinstatement of the
31-24 registration based on good cause shown by the petitioner.
31-25 SECTION 6. Sections 481.071(b) and (c), Health and Safety
31-26 Code, are amended to read as follows:
31-27 (b) An anabolic steroid or human growth hormone listed in
32-1 Schedule III <Section 481.035> may only be:
32-2 (1) dispensed, prescribed, delivered, or administered
32-3 by a practitioner, as defined by Section 481.002(39)(A), for a
32-4 valid medical purpose and in the course of professional practice;
32-5 or
32-6 (2) dispensed or delivered by a pharmacist according
32-7 to a prescription issued by a practitioner, as defined by Section
32-8 481.002(39)(A) or (C), for a valid medical purpose and in the
32-9 course of professional practice.
32-10 (c) For the purposes of Subsection (b), bodybuilding, muscle
32-11 enhancement, or increasing muscle bulk or strength through the use
32-12 of an anabolic steroid or human growth hormone listed in Schedule
32-13 III <Section 481.035> by a person who is in good health is not a
32-14 valid medical purpose.
32-15 SECTION 7. Section 481.074(g), Health and Safety Code, is
32-16 amended to read as follows:
32-17 (g) A person may not dispense a controlled substance listed
32-18 in Schedule V <Section 481.036(1) or (2)> without the prescription
32-19 of a practitioner defined by Section 481.002(39)(A), except that a
32-20 practitioner may dispense the substance directly to an ultimate
32-21 user. A prescription issued under this subsection may not be
32-22 filled or refilled later than six months after the date the
32-23 prescription is issued and may not be refilled more than five
32-24 times, unless the prescription is renewed by the practitioner.
32-25 SECTION 8. Section 481.079, Health and Safety Code, is
32-26 transferred to Subchapter D, Chapter 481, Health and Safety Code,
32-27 and renumbered as Section 481.134 to read as follows:
33-1 Sec. 481.134 <481.079>. OFFENSE: UNLAWFUL TRANSFER OR
33-2 RECEIPT OF CHEMICAL PRECURSOR. (a) A person who sells, transfers,
33-3 furnishes, or receives a precursor substance subject to Section
33-4 481.077(a) commits an offense if the person:
33-5 (1) is required by Section 481.078 to have a precursor
33-6 transfer permit and does not have a precursor transfer permit at
33-7 the time of the transaction;
33-8 (2) does not comply with Section 481.077; or
33-9 (3) knowingly makes a false statement in a report or
33-10 record required by Section 481.077 or 481.078.
33-11 (b) A person who sells, transfers, or otherwise furnishes a
33-12 precursor substance subject to Section 481.077(a) commits an
33-13 offense if the person sells, transfers, or furnishes the substance
33-14 with the knowledge or intent that the recipient will use the
33-15 substance to unlawfully manufacture a controlled substance or
33-16 controlled substance analogue.
33-17 (c) An offense under Subsection (a) is a Class A
33-18 misdemeanor, unless it is shown on the trial of a defendant that
33-19 the defendant was convicted previously under this section, in which
33-20 event the offense is a felony of the third degree.
33-21 (d) An offense under Subsection (b) is a felony of the third
33-22 degree.
33-23 SECTION 9. Section 481.080, Health and Safety Code, is
33-24 amended to read as follows:
33-25 Sec. 481.079 <481.080>. CHEMICAL LABORATORY GLASSWARE OR
33-26 APPARATUS RECORD-KEEPING REQUIREMENTS <AND PENALTIES>. (a) In
33-27 this section:
34-1 (1) "Chemical<, "chemical> laboratory glassware or
34-2 apparatus" means any equipment designed, made, or adapted to
34-3 manufacture a controlled substance or a controlled substance
34-4 analogue, including:
34-5 (A) <(1)> condensers;
34-6 (B) <(2)> distilling apparatus;
34-7 (C) <(3)> vacuum dryers;
34-8 (D) two-neck or <(4)> three-neck flasks;
34-9 (E) <(5)> distilling flasks;
34-10 (F) <(6)> tableting machines;
34-11 (G) <or (7)> encapsulating machines;
34-12 (H) separatory funnels;
34-13 (I) Soxhlet extractors;
34-14 (J) transformers;
34-15 (K) flask heaters; or
34-16 (L) heating mantles.
34-17 (2) "Otherwise furnishes" means to initiate a
34-18 transaction that results or is intended to result in the
34-19 distribution of chemical laboratory glassware or apparatus,
34-20 regardless of whether the person initiating the transaction is the
34-21 owner or possessor of the glassware or apparatus or merely a
34-22 broker.
34-23 (3) "Bill of sale" means a document that complies with
34-24 any rule adopted by the director under this section, including a
34-25 legible copy.
34-26 (b) If a transaction involves the exchange of more than $100
34-27 and payment is made by cash, cashier's check, money order, or
35-1 similar method of payment, a <A> manufacturer, wholesaler,
35-2 retailer, or other person who sells, transfers, or otherwise
35-3 furnishes chemical laboratory glassware or apparatus shall:
35-4 (1) require identification of the purchaser in the
35-5 form of a state driver's license or other personal identification
35-6 certificate issued by a governmental body that contains a
35-7 photograph of the purchaser and a discrete identification number;
35-8 (2) record on a bill of sale a description of the
35-9 glassware or apparatus furnished, the amount or a description of
35-10 any consideration given, a complete description of the manner in
35-11 which the glassware or apparatus is to be used, and the purchaser's
35-12 full name, address, date of birth, driver's license number or
35-13 personal identification number, and telephone number, including
35-14 area code;
35-15 (3) sign the bill of sale as a witness to the
35-16 identification of the purchaser;
35-17 (4) retain the bill of sale, in a readily presentable
35-18 manner, for two or more years after the date of the transaction;
35-19 and
35-20 (5) present the bill of sale to a peace officer on
35-21 demand <make an accurate and legible record of the transaction and
35-22 maintain the record for at least two years after the date of the
35-23 transaction>.
35-24 (c) The director may adopt rules to implement this section.
35-25 (d) The director by rule may name additional chemical
35-26 laboratory glassware or apparatus for purposes of Subsection (a) if
35-27 public health and welfare are jeopardized by evidenced use of <a>
36-1 chemical laboratory glassware or apparatus in the illicit
36-2 manufacture of a controlled substance or controlled substance
36-3 analogue. The director by rule may delete glassware or <an>
36-4 apparatus listed in Subsection (a) if the director determines that
36-5 the glassware or apparatus does not jeopardize public health and
36-6 welfare or is not used in the illicit manufacture of a controlled
36-7 substance or a controlled substance analogue.
36-8 (e) The Department of Public Safety shall file with the
36-9 secretary of state a certified copy of a rule adopted under this
36-10 section.
36-11 <(f) Before selling, transferring, or otherwise furnishing
36-12 to a person in this state an apparatus subject to Subsection (a), a
36-13 manufacturer, wholesaler, retailer, or other person shall:>
36-14 <(1) if the recipient does not represent a business,
36-15 obtain from the recipient:>
36-16 <(A) the recipient's driver's license number or
36-17 other personal identification certificate number, date of birth,
36-18 and residential or mailing address, other than a post office box
36-19 number, from a driver's license or personal identification card
36-20 issued by the Department of Public Safety that contains a
36-21 photograph of the recipient;>
36-22 <(B) the year, state, and number of the motor
36-23 vehicle license of the motor vehicle owned or operated by the
36-24 recipient;>
36-25 <(C) a complete description of how the apparatus
36-26 is to be used; and>
36-27 <(D) the recipient's signature; or>
37-1 <(2) if the recipient represents a business, obtain
37-2 from the recipient:>
37-3 <(A) a letter of authorization from the business
37-4 that includes the business license or comptroller tax
37-5 identification number, address, area code, and telephone number and
37-6 a complete description of how the apparatus is to be used; and>
37-7 <(B) the recipient's signature; and>
37-8 <(3) for any recipient, sign as a witness to the
37-9 signature and identification of the recipient.>
37-10 <(g) If the recipient does not represent a business, the
37-11 recipient shall present to the manufacturer, wholesaler, retailer,
37-12 or other person a permit issued in the name of the recipient by the
37-13 Department of Public Safety under Section 481.081.>
37-14 <(h) Except as provided by Subsection (j), a manufacturer,
37-15 wholesaler, retailer, or other person who sells, transfers, or
37-16 otherwise furnishes to a person in this state an apparatus subject
37-17 to Subsection (a) shall, at least 21 days before the delivery of
37-18 the apparatus, submit a report of the transaction on a form
37-19 obtained from the director that includes the information required
37-20 by Subsection (f).>
37-21 <(i) The director shall supply to a manufacturer,
37-22 wholesaler, retailer, or other person who sells, transfers, or
37-23 otherwise furnishes an apparatus subject to Subsection (a) a form
37-24 for the submission of:>
37-25 <(1) the report required by Subsection (h);>
37-26 <(2) the name and number of apparatus delivered; and>
37-27 <(3) any other information required by the director.>
38-1 <(j) The director may authorize a manufacturer, wholesaler,
38-2 retailer, or other person to submit a comprehensive monthly report
38-3 instead of the report required by Subsection (h) if the director
38-4 determines that:>
38-5 <(1) there is a pattern of regular supply and purchase
38-6 of the apparatus between the furnisher and the recipient; or>
38-7 <(2) the recipient has established a record of use of
38-8 the apparatus solely for a lawful purpose.>
38-9 <(k) A manufacturer, wholesaler, retailer, or other person
38-10 who receives from a source outside this state an apparatus subject
38-11 to Subsection (a) or who discovers a loss or theft of an apparatus
38-12 subject to Subsection (a) shall:>
38-13 <(1) submit a report of the transaction to the
38-14 director in accordance with department rule; and>
38-15 <(2) include in the report:>
38-16 <(A) any difference between the number of the
38-17 apparatus actually received and the number of the apparatus shipped
38-18 according to the shipping statement or invoice; or>
38-19 <(B) the number of the loss or theft.>
38-20 <(l) A report under Subsection (k) must:>
38-21 <(1) be made not later than the third day after the
38-22 date that the manufacturer, wholesaler, retailer, or other person
38-23 learns of the discrepancy, loss, or theft; and>
38-24 <(2) if the discrepancy, loss, or theft occurred
38-25 during a shipment of the apparatus, include the name of the common
38-26 carrier or person who transported the apparatus and the date that
38-27 the apparatus was shipped.>
39-1 <(m) A manufacturer, wholesaler, retailer, or other person
39-2 who sells, transfers, or otherwise furnishes any apparatus subject
39-3 to Subsection (a) shall maintain records and inventories in
39-4 accordance with rules established by the director and shall allow a
39-5 peace officer to conduct audits and inspect records of purchases
39-6 and all other records made in accordance with this section at any
39-7 reasonable time and may not interfere with the audit or with the
39-8 full and complete inspection or copying of those records. This
39-9 subsection does not apply to a recipient who has obtained a
39-10 chemical laboratory apparatus subject to Subsection (a) and who is
39-11 a permit holder under Section 481.081.>
39-12 SECTION 10. Section 481.105, Health and Safety Code, is
39-13 amended to read as follows:
39-14 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
39-15 (1) a compound, mixture, or preparation containing
39-16 limited quantities of any of the following narcotic drugs that
39-17 includes one or more nonnarcotic active medicinal ingredients in
39-18 sufficient proportion to confer on the compound, mixture, or
39-19 preparation valuable medicinal qualities other than those possessed
39-20 by the narcotic drug alone:
39-21 not more than 200 milligrams of codeine per 100
39-22 milliliters or per 100 grams;
39-23 not more than 100 milligrams of dihydrocodeine
39-24 per 100 milliliters or per 100 grams;
39-25 not more than 100 milligrams of ethylmorphine per
39-26 100 milliliters or per 100 grams;
39-27 not more than 2.5 milligrams of diphenoxylate and
40-1 not less than 25 micrograms of atropine sulfate per dosage unit;
40-2 not more than 15 milligrams of opium per 29.5729
40-3 milliliters or per 28.35 grams; and
40-4 not more than 0.5 milligram of difenoxin and not
40-5 less than 25 micrograms of atropine sulfate per dosage unit;
40-6 (2) unless specifically excepted or unless listed in
40-7 another penalty group, a material, compound, mixture, or
40-8 preparation containing the narcotic drug Buprenorphine or its
40-9 salts; and
40-10 (3) unless specifically exempted or excluded or unless
40-11 listed in another penalty group, any material, compound, mixture,
40-12 or preparation that contains any quantity of pyrovalerone <the
40-13 following substances having a stimulant effect on the central
40-14 nervous system>, including its salts, isomers, and salts of
40-15 isomers<:>
40-16 <Propylhexedrine; and>
40-17 <Pyrovalerone>.
40-18 SECTION 11. Sections 481.112(b), (c), and (d), Health and
40-19 Safety Code, are amended to read as follows:
40-20 (b) An offense under Subsection (a) is a felony of the first
40-21 degree if the amount of the controlled substance to which the
40-22 offense applies is<, by aggregate weight, including adulterants or
40-23 dilutants,> less than 28 grams.
40-24 (c) A person commits an aggravated offense if the person
40-25 commits an offense under Subsection (a) and the amount of the
40-26 controlled substance to which the offense applies is<, by aggregate
40-27 weight, including adulterants or dilutants,> 28 grams or more.
41-1 (d) An offense under Subsection (c) is:
41-2 (1) punishable by confinement in the institutional
41-3 division of the Texas Department of Criminal Justice <Corrections>
41-4 for life or for a term of not more than 99 years or less than 5
41-5 years, and a fine not to exceed $50,000, if the amount of the
41-6 controlled substance to which the offense applies is<, by aggregate
41-7 weight, including adulterants or dilutants,> 28 grams or more but
41-8 less than 200 grams;
41-9 (2) punishable by confinement in the institutional
41-10 division of the Texas Department of Criminal Justice <Corrections>
41-11 for life or for a term of not more than 99 years or less than 10
41-12 years, and a fine not to exceed $100,000, if the amount of the
41-13 controlled substance to which the offense applies is<, by aggregate
41-14 weight, including adulterants or dilutants,> 200 grams or more but
41-15 less than 400 grams; and
41-16 (3) punishable by confinement in the institutional
41-17 division of the Texas Department of Criminal Justice <Corrections>
41-18 for life or for a term of not more than 99 years or less than 15
41-19 years, and a fine not to exceed $250,000, if the amount of the
41-20 controlled substance to which the offense applies is<, by aggregate
41-21 weight, including adulterants or dilutants,> 400 grams or more.
41-22 SECTION 12. Sections 481.113(b), (c), and (d), Health and
41-23 Safety Code, are amended to read as follows:
41-24 (b) An offense under Subsection (a) is a felony of the
41-25 second degree if the amount of the controlled substance to which
41-26 the offense applies is<, by aggregate weight, including adulterants
41-27 or dilutants,> less than 28 grams.
42-1 (c) A person commits an aggravated offense if the person
42-2 commits an offense under Subsection (a) and the amount of the
42-3 controlled substance to which the offense applies is<, by aggregate
42-4 weight, including adulterants or dilutants,> 28 grams or more.
42-5 (d) An offense under Subsection (c) is:
42-6 (1) punishable by confinement in the institutional
42-7 division of the Texas Department of Criminal Justice <Corrections>
42-8 for life or for a term of not more than 99 years or less than 5
42-9 years, and a fine not to exceed $50,000, if the amount of the
42-10 controlled substance to which the offense applies is<, by aggregate
42-11 weight, including adulterants or dilutants,> 28 grams or more but
42-12 less than 400 grams; and
42-13 (2) punishable by confinement in the institutional
42-14 division of the Texas Department of Criminal Justice <Corrections>
42-15 for life or for a term of not more than 99 years or less than 10
42-16 years, and a fine not to exceed $100,000, if the amount of the
42-17 controlled substance to which the offense applies is<, by aggregate
42-18 weight, including adulterants or dilutants,> 400 grams or more.
42-19 SECTION 13. Sections 481.114(b), (c), and (d), Health and
42-20 Safety Code, are amended to read as follows:
42-21 (b) An offense under Subsection (a) is a felony of the third
42-22 degree if the amount of the controlled substance to which the
42-23 offense applies is<, by aggregate weight, including adulterants or
42-24 dilutants,> less than 200 grams.
42-25 (c) A person commits an aggravated offense if the person
42-26 commits an offense under Subsection (a) and the amount of the
42-27 controlled substance to which the offense applies is<, by aggregate
43-1 weight, including adulterants or dilutants,> 200 grams or more.
43-2 (d) An offense under Subsection (c) is:
43-3 (1) punishable by confinement in the institutional
43-4 division of the Texas Department of Criminal Justice <Corrections>
43-5 for life or for a term of not more than 99 years or less than 5
43-6 years, and a fine not to exceed $50,000, if the amount of the
43-7 controlled substance to which the offense applies is<, by aggregate
43-8 weight, including adulterants or dilutants,> 200 grams or more but
43-9 less than 400 grams; and
43-10 (2) punishable by confinement in the institutional
43-11 division of the Texas Department of Criminal Justice <Corrections>
43-12 for life or for a term of not more than 99 years or less than 10
43-13 years, and a fine not to exceed $100,000, if the amount of the
43-14 controlled substance to which the offense applies is<, by aggregate
43-15 weight, including any adulterants or dilutants,> 400 grams or more.
43-16 SECTION 14. Sections 481.115(b), (c), and (d), Health and
43-17 Safety Code, are amended to read as follows:
43-18 (b) An offense under Subsection (a) is a felony of the
43-19 second degree if the amount of the controlled substance possessed
43-20 is<, by aggregate weight, including adulterants or dilutants,> less
43-21 than 28 grams.
43-22 (c) A person commits an aggravated offense if the person
43-23 commits an offense under Subsection (a) and the amount of the
43-24 controlled substance possessed is<, by aggregate weight, including
43-25 adulterants or dilutants,> 28 grams or more.
43-26 (d) An offense under Subsection (c) is:
43-27 (1) punishable by confinement in the institutional
44-1 division of the Texas Department of Criminal Justice <Corrections>
44-2 for life or for a term of not more than 99 years or less than 5
44-3 years, and a fine not to exceed $50,000, if the amount of the
44-4 controlled substance possessed is<, by aggregate weight, including
44-5 adulterants or dilutants,> 28 grams or more but less than 400
44-6 grams; and
44-7 (2) punishable by confinement in the institutional
44-8 division of the Texas Department of Criminal Justice <Corrections>
44-9 for life or for a term of not more than 99 years or less than 10
44-10 years, and a fine not to exceed $100,000, if the amount of the
44-11 controlled substance possessed is<, by aggregate weight, including
44-12 adulterants or dilutants,> 400 grams or more.
44-13 SECTION 15. Sections 481.116(b), (c), and (d), Health and
44-14 Safety Code, are amended to read as follows:
44-15 (b) An offense under Subsection (a) is a felony of the third
44-16 degree if the amount of the controlled substance possessed is<, by
44-17 aggregate weight, including adulterants or dilutants,> less than 28
44-18 grams.
44-19 (c) A person commits an aggravated offense if the person
44-20 commits an offense under Subsection (a) and the amount of the
44-21 controlled substance possessed is<, by aggregate weight, including
44-22 adulterants or dilutants,> 28 grams or more.
44-23 (d) An offense under Subsection (c) is:
44-24 (1) punishable by confinement in the institutional
44-25 division of the Texas Department of Criminal Justice <Corrections>
44-26 for life or for a term of not more than 99 years or less than 5
44-27 years, and a fine not to exceed $50,000, if the amount of the
45-1 controlled substance possessed is<, by aggregate weight, including
45-2 adulterants or dilutants,> 28 grams or more but less than 400
45-3 grams; and
45-4 (2) punishable by confinement in the institutional
45-5 division of the Texas Department of Criminal Justice <Corrections>
45-6 for life or for a term of not more than 99 years or less than 10
45-7 years, and a fine not to exceed $100,000, if the amount of the
45-8 controlled substance possessed is<, by aggregate weight, including
45-9 adulterants or dilutants,> 400 grams or more.
45-10 SECTION 16. Sections 481.117(b), (c), and (d), Health and
45-11 Safety Code, are amended to read as follows:
45-12 (b) An offense under Subsection (a) is a Class A misdemeanor
45-13 if the amount of the controlled substance possessed is<, by
45-14 aggregate weight, including adulterants or dilutants,> less than
45-15 200 grams.
45-16 (c) A person commits an aggravated offense if the person
45-17 commits an offense under Subsection (a) and the amount of the
45-18 controlled substance possessed is<, by aggregate weight, including
45-19 adulterants or dilutants,> 200 grams or more.
45-20 (d) An offense under Subsection (c) is:
45-21 (1) punishable by confinement in the institutional
45-22 division of the Texas Department of Criminal Justice <Corrections>
45-23 for life or for a term of not more than 99 years or less than 5
45-24 years, and a fine not to exceed $50,000, if the amount of the
45-25 controlled substance possessed is<, by aggregate weight, including
45-26 adulterants or dilutants,> 200 grams or more but less than 400
45-27 grams; and
46-1 (2) punishable by confinement in the institutional
46-2 division of the Texas Department of Criminal Justice <Corrections>
46-3 for life or for a term of not more than 99 years or less than 10
46-4 years, and a fine not to exceed $100,000, if the amount of the
46-5 controlled substance possessed is<, by aggregate weight, including
46-6 adulterants or dilutants,> 400 grams or more.
46-7 SECTION 17. Sections 481.118(b), (c), and (d), Health and
46-8 Safety Code, are amended to read as follows:
46-9 (b) An offense under Subsection (a) is a Class B misdemeanor
46-10 if the amount of the controlled substance possessed is<, by
46-11 aggregate weight, including adulterants or dilutants,> less than
46-12 200 grams.
46-13 (c) A person commits an aggravated offense if the person
46-14 commits an offense under Subsection (a) and the amount of the
46-15 controlled substance possessed is<, by aggregate weight, including
46-16 adulterants or dilutants,> 200 grams or more.
46-17 (d) An offense under Subsection (c) is:
46-18 (1) punishable by confinement in the institutional
46-19 division of the Texas Department of Criminal Justice <Corrections>
46-20 for life or a term of not more than 99 years or less than 5 years,
46-21 and a fine not to exceed $50,000, if the amount of the controlled
46-22 substance possessed is<, by aggregate weight, including adulterants
46-23 or dilutants,> 200 grams or more but less than 400 grams; and
46-24 (2) punishable by confinement in the institutional
46-25 division of the Texas Department of Criminal Justice <Corrections>
46-26 for life or for a term of not more than 99 years or less than 10
46-27 years, and a fine not to exceed $100,000, if the amount of the
47-1 controlled substance possessed is<, by aggregate weight, including
47-2 adulterants or dilutants,> 400 grams or more.
47-3 SECTION 18. Subchapter D, Chapter 481, Health and Safety
47-4 Code, is amended by adding Section 481.1201 to read as follows:
47-5 Sec. 481.1201. OFFENSE: PRODUCTION OF MARIHUANA. (a)
47-6 Except as authorized by this chapter, a person commits an offense
47-7 if the person knowingly or intentionally produces marihuana.
47-8 (b) An offense under Subsection (a) is:
47-9 (1) a felony of the third degree if the amount of
47-10 marihuana produced is fewer than 10 plants;
47-11 (2) a felony of the second degree if the amount of
47-12 marihuana produced is 10 plants or more but fewer than 30 plants;
47-13 and
47-14 (3) a felony of the first degree if the amount of
47-15 marihuana produced is 30 plants or more but fewer than 50 plants.
47-16 (c) A person commits an aggravated offense if the person
47-17 commits an offense under Subsection (a) and the amount of marihuana
47-18 produced is 50 plants or more.
47-19 (d) An offense under Subsection (c) is:
47-20 (1) punishable by confinement in the institutional
47-21 division of the Texas Department of Criminal Justice for life or
47-22 for a term of not more than 99 years or less than five years, and a
47-23 fine not to exceed $50,000, if the amount of marihuana produced is
47-24 200 plants or fewer but more than 50 plants;
47-25 (2) punishable by confinement in the institutional
47-26 division of the Texas Department of Criminal Justice for life or
47-27 for a term of not more than 99 years or less than 10 years, and a
48-1 fine not to exceed $100,000, if the amount of marihuana produced is
48-2 2,000 plants or fewer but more than 200 plants; and
48-3 (3) punishable by confinement in the institutional
48-4 division of the Texas Department of Criminal Justice for life or
48-5 for a term of not more than 99 years or less than 15 years, and a
48-6 fine not to exceed $250,000, if the amount of marihuana produced is
48-7 more than 2,000 plants.
48-8 SECTION 19. Section 481.128, Health and Safety Code, is
48-9 amended to read as follows:
48-10 Sec. 481.128. Offense and Civil Penalty: Commercial
48-11 Matters. (a) A registrant or dispenser commits an offense if the
48-12 registrant or dispenser knowingly or intentionally:
48-13 (1) distributes, delivers, administers, or dispenses
48-14 a controlled substance in violation of Sections
48-15 481.070-481.075<481.074>;
48-16 (2) manufactures a controlled substance not authorized
48-17 by the person's registration or distributes or dispenses a
48-18 controlled substance not authorized by the person's registration to
48-19 another registrant or other person;
48-20 (3) refuses or fails to make, keep, or furnish a
48-21 record, report, notification, order form, statement, invoice, or
48-22 information or maintain security as required by this chapter;
48-23 (4) prints, manufactures, possesses, or produces a
48-24 triplicate prescription form without the approval of the Department
48-25 of Public Safety;
48-26 (5) delivers or possesses a counterfeit triplicate
48-27 prescription;
49-1 (6) refuses an entry into a premise for an inspection
49-2 authorized by this chapter;
49-3 (7) refuses or fails to return a triplicate
49-4 prescription form as required by Section 481.075(h); or
49-5 (8) refuses or fails to make, keep, or furnish a
49-6 record, report, notification, order form, statement, invoice, or
49-7 information or maintain security as required by a rule adopted
49-8 <before June 1, 1991,> by the director.
49-9 (b) If the registrant or dispenser knowingly or
49-10 intentionally refuses or fails to make, keep, or furnish a record,
49-11 report, notification, order form, statement, invoice, or
49-12 information or maintain security as required by a rule <or a rule
49-13 amendment> adopted <on or after June 1, 1991,> by the director, the
49-14 registrant or dispenser is liable to the state for a civil penalty
49-15 of not more than $1,000 <$5,000> for each act.
49-16 (c) <If the registrant or dispenser negligently fails to
49-17 make, keep, or furnish a record, report, notification, order form,
49-18 statement, invoice, or information required by a rule or a rule
49-19 amendment adopted on or after June 1, 1991, by the director, the
49-20 registrant or dispenser is liable to the state for a civil penalty
49-21 of not more than $1,000 for each act.>
49-22 <(d)> An offense under Subsection (a) is a felony of the
49-23 second degree, unless it is shown on the trial of a defendant that
49-24 the defendant has previously been convicted under Subsection (a),
49-25 in which event the offense is a felony of the first degree.
49-26 (d) <(e)> If a person negligently commits an act that would
49-27 otherwise be an offense under Subsection (a), the person is liable
50-1 to the state for a civil penalty of not less than $5,000 or more
50-2 than $10,000 for each act.
50-3 (e) <(f)> A district attorney of the county where the act
50-4 occurred may file suit in district court in that county to collect
50-5 a civil penalty under this section, or the district attorney of
50-6 Travis County or the attorney general may file suit in district
50-7 court in Travis County to collect the penalty.
50-8 SECTION 20. Subchapter D, Chapter 481, Health and Safety
50-9 Code, is amended by adding Section 481.135 to read as follows:
50-10 Sec. 481.135. OFFENSE: VIOLATION OF CHEMICAL LABORATORY
50-11 GLASSWARE OR APPARATUS RECORD-KEEPING REQUIREMENTS. (a) A person
50-12 commits an offense if the person knowingly or intentionally
50-13 violates Section 481.079.
50-14 (b) An offense under this section is a Class A misdemeanor,
50-15 unless it is shown on the trial of a defendant that the defendant
50-16 has previously been convicted under this section, in which event
50-17 the offense is a felony of the third degree.
50-18 SECTION 21. Sections 481.081 and 481.082, Health and Safety
50-19 Code, are repealed.
50-20 SECTION 22. Section 5(c), Article 42.12, Code of Criminal
50-21 Procedure, is amended to read as follows:
50-22 (c) On expiration of a probationary period imposed under
50-23 Subsection (a) of this section, if the court has not proceeded to
50-24 adjudication of guilt, the court shall dismiss the proceedings
50-25 against the defendant and discharge him. The court may dismiss the
50-26 proceedings and discharge the defendant prior to the expiration of
50-27 the term of probation if in its opinion the best interest of
51-1 society and the defendant will be served. A dismissal and
51-2 discharge under this section may not be deemed a conviction for the
51-3 purposes of disqualifications or disabilities imposed by law for
51-4 conviction of an offense, except that:
51-5 (1) upon conviction of a subsequent offense, the fact
51-6 that the defendant had previously received probation shall be
51-7 admissible before the court or jury to be considered on the issue
51-8 of penalty; <and>
51-9 (2) if the defendant is an applicant for a license or
51-10 is a licensee under Chapter 42, Human Resources Code, the Texas
51-11 Department of Human Services may consider the fact that the
51-12 defendant previously has received probation under this section in
51-13 issuing, renewing, denying, or revoking a license under that
51-14 chapter; and
51-15 (3) if the defendant is an applicant or registrant
51-16 under Chapter 481, Health and Safety Code, the Department of Public
51-17 Safety may consider the fact that the defendant previously has
51-18 received probation under this section in accepting voluntary
51-19 surrender, issuing, renewing, denying, suspending, or revoking a
51-20 registration under that chapter.
51-21 SECTION 23. Not later than December 1, 1993, the
51-22 commissioner of health shall file with the secretary of state for
51-23 publication in the Texas Register a list of substances designated
51-24 in Schedules I through V under Subchapter B, Chapter 481, Health
51-25 and Safety Code, as amended by this Act to take effect January 1,
51-26 1994. The schedules in effect immediately before the effective
51-27 date of this Act continue in effect until changed by the
52-1 commissioner in accordance with this Act.
52-2 SECTION 24. (a) The change in law made by this Act applies
52-3 only to an offense committed on or after the effective date of this
52-4 Act. For purposes of this section, an offense is committed before
52-5 the effective date of this Act if any element of the offense occurs
52-6 before the effective date.
52-7 (b) An offense committed before the effective date of this
52-8 Act is covered by the law in effect when the offense was committed,
52-9 and the former law is continued in effect for this purpose.
52-10 SECTION 25. This Act takes effect September 1, 1993.
52-11 SECTION 26. The importance of this legislation and the
52-12 crowded condition of the calendars in both houses create an
52-13 emergency and an imperative public necessity that the
52-14 constitutional rule requiring bills to be read on three several
52-15 days in each house be suspended, and this rule is hereby suspended.