1-1  By:  Armbrister                                       S.B. No. 1197
    1-2        (In the Senate - Filed March 12, 1993; March 16, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  April 28, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 0; April 28, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Whitmire           x                               
   1-10        Brown              x                               
   1-11        Nelson             x                               
   1-12        Sibley                                         x   
   1-13        Sims               x                               
   1-14        Turner             x                               
   1-15        West                                           x   
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 1197                   By:  Brown
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the exemption of certain substances from Schedules I
   1-20  through V of the Texas Controlled Substances Act.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 481.037, Health and Safety Code, is
   1-23  amended by adding Subsections (e), (f), and (g) to read as follows:
   1-24        (e)  A nonnarcotic prescription substance is exempted from
   1-25  Schedules I through V and the application of this chapter to the
   1-26  same extent that the substance has been exempted from the
   1-27  application of the Federal Controlled Substances Act, if the
   1-28  substance is listed as an exempt prescription product under 21
   1-29  C.F.R. Section 1308.32 and its subsequent amendments.
   1-30        (f)  A chemical substance that is intended for laboratory,
   1-31  industrial, educational, or special research purposes and not for
   1-32  general administration to a human being or other animal is exempted
   1-33  from Schedules I through V and the application of this chapter to
   1-34  the same extent that the substance has been exempted from the
   1-35  application of the Federal Controlled Substances Act, if the
   1-36  substance is listed as an exempt chemical preparation under 21
   1-37  C.F.R. Section 1308.24 and its subsequent amendments.
   1-38        (g)  An anabolic steroid product, which has no significant
   1-39  potential for abuse due to concentration, preparation, mixture, or
   1-40  delivery system, is exempted from Schedules I through V and the
   1-41  application of this chapter to the same extent that the substance
   1-42  has been exempted from the application of the Federal Controlled
   1-43  Substances Act, if the substance is listed as an exempt anabolic
   1-44  steroid product under 21 C.F.R. Section 1308.34 and its subsequent
   1-45  amendments.
   1-46        SECTION 2.  The exemption of a substance under Subsection
   1-47  (e), (f), or (g), Section 481.037, Health and Safety Code, as added
   1-48  by this Act, does not apply to an offense committed under Chapter
   1-49  481, Health and Safety Code, before the effective date of this Act.
   1-50  An offense committed before that date is covered by the law as it
   1-51  existed on the date on which the offense was committed, and the
   1-52  former law is continued in effect for that purpose.
   1-53        SECTION 3.  This Act takes effect September 1, 1993.
   1-54        SECTION 4.  The importance of this legislation and the
   1-55  crowded condition of the calendars in both houses create an
   1-56  emergency and an imperative public necessity that the
   1-57  constitutional rule requiring bills to be read on three several
   1-58  days in each house be suspended, and this rule is hereby suspended.
   1-59                               * * * * *
   1-60                                                         Austin,
   1-61  Texas
   1-62                                                         April 28, 1993
   1-63  Hon. Bob Bullock
   1-64  President of the Senate
   1-65  Sir:
   1-66  We, your Committee on Criminal Justice to which was referred S.B.
   1-67  No. 1197, have had the same under consideration, and I am
   1-68  instructed to report it back to the Senate with the recommendation
    2-1  that it do not pass, but that the Committee Substitute adopted in
    2-2  lieu thereof do pass and be printed.
    2-3                                                         Whitmire,
    2-4  Chairman
    2-5                               * * * * *
    2-6                               WITNESSES
    2-7                                                  FOR   AGAINST  ON
    2-8  ___________________________________________________________________
    2-9  Name:  Robert Henna                                            x
   2-10  Representing:  Texas Dept of Health
   2-11  City:  Austin
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