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 -------------------------------------------------------------------