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.