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 2-12 -------------------------------------------------------------------