By Patterson S.B. No. 1002
74R7204 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Chapters 481 and 483 of the Health and Safety Code.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 481.002, Health and Safety Code, is
1-5 amended by amending Subdivisions (4), (5), (6), (17), and (30) and
1-6 adding Subdivision (50) to read as follows:
1-7 (4) "Controlled premises" means:
1-8 (A) a place where original or other records or
1-9 documents required under this chapter are kept or are required to
1-10 be kept; or
1-11 (B) a place, including a factory, warehouse,
1-12 other establishment, or conveyance, where a person registered under
1-13 this chapter may lawfully hold, manufacture, distribute, dispense,
1-14 administer, possess, or otherwise dispose of a controlled
1-15 substance, or other item governed by this chapter, including a
1-16 chemical precursor listed in Section 481.077 or a chemical
1-17 laboratory apparatus listed in Section 481.080.
1-18 (5) "Controlled substance" means a substance,
1-19 including a drug, an adulterant, a dilutant, and an immediate
1-20 precursor listed in Schedules I through V or Penalty Groups 1, 1-A,
1-21 or 2 through 4. The term includes the aggregate weight of any
1-22 mixture, solution, or other substance containing a controlled
1-23 substance.
1-24 (6) "Controlled substance analogue" means:
2-1 (A) a substance with a chemical structure
2-2 substantially similar to the chemical structure of a controlled
2-3 substance in Schedule I or II or Penalty Group 1, 1-A, or 2; or
2-4 (B) a substance specifically designed to produce
2-5 an effect substantially similar to, or greater than, the effect of
2-6 a controlled substance in Schedule I or II or Penalty Group 1, 1-A,
2-7 or 2.
2-8 (17) "Drug paraphernalia" means equipment, a product,
2-9 or material that is used or intended for use in planting,
2-10 propagating, cultivating, growing, harvesting, manufacturing,
2-11 compounding, converting, producing, processing, or concealing a
2-12 controlled substance in violation of this chapter or in injecting,
2-13 ingesting, inhaling, or otherwise introducing into the human body a
2-14 controlled substance in violation of this chapter. The term
2-15 includes:
2-16 (A) a kit used or intended for use in planting,
2-17 propagating, cultivating, growing, or harvesting a species of plant
2-18 that is a controlled substance or from which a controlled substance
2-19 may be derived;
2-20 (B) a material, compound, mixture, preparation,
2-21 or kit used or intended for use in manufacturing, compounding,
2-22 converting, producing, processing, or preparing a controlled
2-23 substance;
2-24 (C) an isomerization device used or intended for
2-25 use in increasing the potency of a species of plant that is a
2-26 controlled substance;
2-27 (D) testing equipment used or intended for use
3-1 in identifying or in analyzing the strength, effectiveness, or
3-2 purity of a controlled substance;
3-3 (E) a scale or balance used or intended for use
3-4 in weighing or measuring a controlled substance.
3-5 (F) a dilutant <diluent> or adulterant, such as
3-6 quinine hydrochloride, mannitol, inositol, nicotinamide <mannite>,
3-7 dextrose, <or> lactose, or absorbent, blotter-type material, that
3-8 is used or intended to be used to increase the amount or weight of
3-9 or to transfer <for use in cutting> a controlled substance and that
3-10 may or may not diminish the efficacy of the controlled substance;
3-11 (G) a separation gin or sifter used or intended
3-12 for use in removing twigs and seeds from or in otherwise cleaning
3-13 or refining marihuana;
3-14 (H) a blender, bowl, container, spoon, or mixing
3-15 device used or intended for use in compounding a controlled
3-16 substance;
3-17 (I) a capsule, balloon, envelope, or other
3-18 container used or intended for use in packaging small quantities of
3-19 a controlled substance;
3-20 (J) a container or other object used or intended
3-21 for use in storing or concealing a controlled substance;
3-22 (K) a hypodermic syringe, needle, or other
3-23 object used or intended for use in parenterally injecting a
3-24 controlled substance into the human body; and
3-25 (L) an object used or intended for use in
3-26 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
3-27 hashish, or hashish oil into the human body, including;
4-1 (i) a metal, wooden, acrylic, glass,
4-2 stone, plastic, or ceramic pipe with or without a screen, permanent
4-3 screen, hashish head, or punctured metal bowl;
4-4 (ii) a water pipe;
4-5 (iii) a carburetion tube or device;
4-6 (iv) a smoking or carburetion mask;
4-7 (v) a chamber pipe;
4-8 (vi) a carburetor pipe;
4-9 (vii) an electric pipe;
4-10 (viii) an air-driven pipe;
4-11 (ix) a chillum;
4-12 (x) a bong; or
4-13 (xi) an ice pipe or chiller.
4-14 (30) "Opiate" means a substance that has an
4-15 addiction-forming or addiction-sustaining liability similar to
4-16 morphine or is capable of conversion into a drug having
4-17 addiction-forming or addiction-sustaining liability. The term
4-18 includes its racemic and levorotatory forms. The term does not
4-19 include, unless specifically designated as controlled under
4-20 Subchapter B of this chapter <Section 481.038>, the dextrorotatory
4-21 isomer of 3-methoxy-n-methylmorphinan and its salts
4-22 (dextromethorphan).
4-23 (50) "Abuse unit" means:
4-24 (A) a single unit on or in any adulterant,
4-25 dilutant or similar carrier medium, including perforated blotter
4-26 paper, a tablet, a gelatin wafer, a sugar cube, a stamp, or other
4-27 medium, that contains any amount of a controlled substance listed
5-1 in Penalty Group 1-A, if the unit is commonly used in abuse of that
5-2 substance;
5-3 (B) each quarter-inch square section of paper,
5-4 if the adulterant, dilutant or carrier medium is paper and not
5-5 marked or perforated into individual abuse units; or
5-6 (C) 40 micrograms of the controlled substance
5-7 including any adulterant or dilutant, if it makes the number of
5-8 abuse units larger.
5-9 SECTION 2. Subchapter B, Health and Safety Code, is amended
5-10 to read as follows:
5-11 Sec. 481.031. Nomenclature. Controlled substances listed in
5-12 Schedules I through V and Penalty Groups 1 through 4 are included
5-13 by whatever official, common, usual, chemical, or trade name they
5-14 may be designated.
5-15 Sec. 481.032. SCHEDULES. (a) The commissioner shall
5-16 establish and modify the following schedules of controlled
5-17 substances under this subchapter: Schedule I, Schedule II,
5-18 Schedule III, Schedule IV, and Schedule V.
5-19 (b) A reference to a schedule in this chapter means the most
5-20 current version of the schedule established by the commissioner
5-21 under this subchapter and published in the Texas Register on or
5-22 after January 1, 1996 <SCHEDULE I. (a) Schedule I consists of:
5-23 (1) the following opiates, including their isomers, esters,
5-24 ethers, salts, and salts of isomers, esters, and ethers, unless
5-25 specifically excepted, if the existence of these isomers, esters,
5-26 ethers, and salts is possible within the specific chemical
5-27 designation: Alfentanil; Allylprodine; Alpha-methylfentanyl or
6-1 another derivative of Fentanyl; Benzethidine; Betaprodine;
6-2 Clonitazene; Diampromide; Diethylthiambutene; Difenoxin;
6-3 Dimenoxadol; Dimethylthiambutene; Dioxaphetyl butyrate;
6-4 Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine;
6-5 Furethidine; Hydroxypethidine; Ketobemidone;
6-6 Levophenacylmorphan; Meprodine; Methadol; Moramide;
6-7 Morpheridine; Noracymethadol; Norlevorphanol; Normethadone;
6-8 Norpipanone; Phenadoxone; Phenampromide; Phencyclidine;
6-9 Phenomorphan; Phenoperidine; Piritramide; Proheptazine;
6-10 Properidine; Propiram; Tilidine; and Trimeperidine; (2) the
6-11 following opium derivatives, their salts, isomers, and salts of
6-12 isomers, unless specifically excepted, if the existence of these
6-13 salts, isomers, and salts of isomers is possible within the
6-14 specific chemical designation: Acetorphine; Acetyldihydrocodeine;
6-15 Benzylmorphine; Codeine methylbromide; Codeine-N-Oxide;
6-16 Cyprenorphine; Desomorphine; Dihydromorphine; Drotebanol;
6-17 Etorphine (except hydrochloride salt); Heroin; Hydromorphinol;
6-18 Methyldesorphine; Methyldihydromorphine; Monoacetylmorphine;
6-19 Morphine methylbromide; Morphine methylsulfonate;
6-20 Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
6-21 Normorphine; Pholcodine; and Thebacon; (3) unless specifically
6-22 excepted or unless listed in another schedule, a material,
6-23 compound, mixture, or preparation that contains any quantity of the
6-24 following hallucinogenic substances or that contains any of the
6-25 substance's salts, isomers, and salts of isomers if the existence
6-26 of the salts, isomers, and salts of isomers is possible within the
6-27 specific chemical designation: 4-bromo-2, 5-dimethoxyamphetamine
7-1 (some trade or other names: 4-bromo-2,
7-2 5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2, 5-DMA); 2,
7-3 5-dimethoxyamphetamine (some trade or other names: 2,
7-4 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA); 5-methoxy-3,
7-5 4-methylenedioxy amphetamine; 4-methoxyamphetamine (some trade or
7-6 other names: 4-methoxy-alpha-methylphenethylamine;
7-7 paramethoxyamphetamine; PMA); 1-methyl-4-phenyl-1, 2, 5,
7-8 6-tetrahydro-pyridine (MPTP);
7-9 1-methyl-4-phenyl-4-propionoxy-piperidine (MPPP, PPMP);
7-10 4-methyl-2, 5-dimethoxyamphetamine (some trade and other
7-11 names: 4-methyl-2, 5-dimethoxy-alpha-methylphenethylamine; "DOM";
7-12 and "STP"); 3, 4-methylene-dioxy methamphetamine (MDMA, MDM); 3,
7-13 4-methylenedioxy amphetamine; 3, 4, 5-trimethoxy amphetamine;
7-14 Bufotenine (some trade and other names:
7-15 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
7-16 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
7-17 5-hydroxy-N, N-dimethyltryptamine; mappine); Diethyltryptamine
7-18 (some trade and other names: N, N-Diethyltryptamine, DET);
7-19 Dimethyltryptamine (some trade and other names: DMT); Ethylamine
7-20 Analog of Phencyclidine (some trade or other names:
7-21 N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine;
7-22 N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE); Ibogaine
7-23 (some trade or other names: 7-Ethyl-6, 6, beta, 7, 8, 9, 10, 12,
7-24 13, octahydro 2 methoxy 6, 9 methano 5H pyride (1', 2': 1, 2)
7-25 azepino (5, 4-b) indole; tabernanthe iboga); Lysergic acid
7-26 diethylamide; Marihuana; Mescaline; N-ethyl-3-piperidyl
7-27 benzilate; N-methyl-3-piperidyl benzilate; Parahexyl (some trade
8-1 or other names: 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
8-2 9-tri-methyl-6H-dibenzo (b,d) pyran; Synhexyl); Peyote, unless
8-3 unharvested and growing in its natural state, meaning all parts of
8-4 the plant classified botanically as Lophophora, whether growing or
8-5 not, the seeds of the plant, an extract from a part of the plant,
8-6 and every compound, manufacture, salt, derivative, mixture, or
8-7 preparation of the plant, its seeds, or extracts; Psilocybin;
8-8 Psilocin; Pyrrolidine Analog of Phencyclidine (some trade or other
8-9 names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP); Synthetic
8-10 equivalents of the substances contained in the plant Cannabis, or
8-11 in the resinous extractives of that plant, and synthetic
8-12 substances, derivatives, and their isomers with similar chemical
8-13 structure and pharmacological activity such as: delta-1 cis or
8-14 trans tetrahydrocannabinol, and their optical isomers; delta-6 cis
8-15 or trans tetrahydrocannabinol, and their optical isomers; delta-3,
8-16 4 cis or trans tetrahydrocannabinol, and its optical isomers;
8-17 (Compounds of these structures, regardless of numerical designation
8-18 of atomic positions, since nomenclature of these substances is not
8-19 internationally standardized); Tetrahydrocannabinols; and
8-20 Thiophene Analog of Phencyclidine (some trade or other
8-21 names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl Analog
8-22 of Phencyclidine; TPCP); (4) unless specifically excepted or
8-23 unless listed in another schedule, a material, compound, mixture,
8-24 or preparation that contains any quantity of the following
8-25 substances having a depressant or stimulant effect on the central
8-26 nervous system, including the substance's salts, isomers, and salts
8-27 of isomers if the existence of the salts, isomers, and salts of
9-1 isomers is possible within the specific chemical designation:
9-2 Fenethylline; Mecloqualone; Methaqualone; N-ethylamphetamine;
9-3 and Nitrazepam; and (5) temporary listing of substances subject
9-4 to emergency scheduling by the Federal Drug Enforcement
9-5 Administration, and any material, compound, mixture, or
9-6 preparation that contains any quantity of the following substances:
9-7 N, N-dimethylamphetamine (Some trade or other names: N,N,alpha
9-8 trimethylbenzeneethaneamine; N,N,alpha-trimethylphenethylamine;
9-9 including its salts, optical isomers, and salts of optical
9-10 isomers); 4-methylaminorex; 3, 4-methylenedioxy N-ethylamphetamine
9-11 (Also known as N-ethyl MDA);
9-12 N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy
9-13 MDA). (b) For the purposes of Subsection (a)(3) only, the term
9-14 "isomer" includes optical, position, and geometric isomers.
9-15 Sec. 481.033. SCHEDULE II. Schedule II consists of: (1) the
9-16 following substances, however produced, except those narcotic drugs
9-17 listed in other schedules: (A) Opium and opiate, and a salt,
9-18 compound, derivative, or preparation of opium or opiate, other than
9-19 naloxone and its salts and naltrexone and its salts, but including:
9-20 Codeine; Ethylmorphine; Etorphine hydrochloride; Granulated
9-21 opium; Hydrocodone; Hydromorphone; Metopon; Morphine; Opium
9-22 extracts; Opium fluid extracts; Oxycodone; Oxymorphone;
9-23 Powdered opium; Raw opium; Thebaine; and Tincture of opium;
9-24 (B) a salt, compound, isomer, derivative, or preparation of a
9-25 substance that is chemically equivalent or identical to a substance
9-26 described by Paragraph (A), other than the isoquinoline alkaloids
9-27 of opium; (C) Opium poppy and poppy straw; (D) Cocaine,
10-1 including: (i) its salts, its optical, position, and geometric
10-2 isomers, and the salts of those isomers; and (ii) coca leaves and
10-3 a salt, compound, derivative, or preparation of coca leaves that is
10-4 chemically equivalent or identical to a substance described by this
10-5 subparagraph or Subparagraph (i), other than decocainized coca
10-6 leaves or extractions of coca leaves that do not contain cocaine or
10-7 ecgonine; and (E) Concentrate of poppy straw, meaning the crude
10-8 extract of poppy straw in liquid, solid, or powder form that
10-9 contains the phenanthrine alkaloids of the opium poppy; (2) the
10-10 following opiates, including their isomers, esters, ethers, salts,
10-11 and salts of isomers, if the existence of these isomers, esters,
10-12 ethers, and salts is possible within the specific chemical
10-13 designation: Alphaprodine; Anileridine; Bezitramide;
10-14 Dextropropoxyphene, bulk (nondosage form); Dihydrocodeine;
10-15 Diphenoxylate; Fentanyl; Isomethadone; Levomethorphan;
10-16 Levorphanol; Metazocine; Methadone; Methadone-Intermediate,
10-17 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
10-18 Moramide-Intermediate, 2-methyl-3-morpholino-1,
10-19 1-diphenyl-propane-carboxylic acid; Pethidine;
10-20 Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
10-21 Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
10-22 Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic
10-23 acid; Phenazocine; Piminodine; Racemethorphan; Racemorphan; and
10-24 Sufentanil; (3) unless listed in another schedule and except as
10-25 provided by Section 481.037, a material, compound, mixture, or
10-26 preparation that contains any quantity of the following substances
10-27 having a potential for abuse associated with a stimulant effect on
11-1 the central nervous system: Amphetamine, its salts, optical
11-2 isomers, and salts of its optical isomers; Methamphetamine,
11-3 including its salts, optical isomers, and salts of optical isomers;
11-4 Methylphenidate and its salts; and Phenmetrazine and its salts;
11-5 (4) unless listed in another schedule, a material, compound,
11-6 mixture, or preparation that contains any quantity of the following
11-7 substances having a depressant effect on the central nervous
11-8 system, including the substance's salts, isomers, and salts of
11-9 isomers if the existence of the salts, isomers, and salts of
11-10 isomers is possible within the specific chemical designation:
11-11 Amobarbital; Secobarbital; and Pentobarbital; (5) unless
11-12 specifically excepted or listed in another schedule, a material,
11-13 compound, mixture, or preparation that contains any quantity of the
11-14 following substances: Immediate precursor to methamphetamine:
11-15 Phenylacetone and methylamine if possessed together with intent to
11-16 manufacture methamphetamine; Immediate precursor to amphetamine
11-17 and methamphetamine: Phenylacetone (some trade or other names:
11-18 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
11-19 ketone); and Immediate precursors to phencyclidine (PCP):
11-20 1-phenylcyclohexylamine; and 1-piperidinocyclohexanecarbonitrile
11-21 (PCC). Sec. 481.034. SCHEDULE III. Schedule III consists of:
11-22 (1) unless listed in another schedule and except as provided by
11-23 Section 481.037, a material, compound, mixture, or preparation that
11-24 contains any quantity of the following substances having a
11-25 potential for abuse associated with a depressant effect on the
11-26 central nervous system: a compound, mixture, or preparation
11-27 containing amobarbital, secobarbital, pentobarbital, or any of
12-1 their salts and one or more active medicinal ingredients that are
12-2 not listed in a schedule; a suppository dosage form containing
12-3 amobarbital, secobarbital, pentobarbital, or any of their salts and
12-4 approved by the Food and Drug Administration for marketing only as
12-5 a suppository; a substance that contains any quantity of a
12-6 derivative of barbituric acid, or any salt of a derivative of
12-7 barbituric acid, except those substances that are specifically
12-8 listed in other schedules; Chlorhexadol; Glutethimide; Lysergic
12-9 acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane;
12-10 Sulfonethylmethane; and Sulfonmethane; (2) Nalorphine; (3) a
12-11 material, compound, mixture, or preparation containing limited
12-12 quantities of any of the following narcotic drugs, or any of their
12-13 salts: not more than 1.8 grams of codeine, or any of its salts,
12-14 per 100 milliliters or not more than 90 milligrams per dosage unit,
12-15 with an equal or greater quantity of an isoquinoline alkaloid of
12-16 opium; not more than 1.8 grams of codeine, or any of its salts,
12-17 per 100 milliliters or not more than 90 milligrams per dosage unit,
12-18 with one or more active, nonnarcotic ingredients in recognized
12-19 therapeutic amounts; not more than 300 milligrams of
12-20 dihydrocodeinone, or any of its salts, per 100 milliliters or not
12-21 more than 15 milligrams per dosage unit, with a fourfold or greater
12-22 quantity of an isoquinoline alkaloid of opium; not more than 300
12-23 milligrams of dihydrocodeinone, or any of its salts, per 100
12-24 milliliters or not more than 15 milligrams per dosage unit, with
12-25 one or more active, nonnarcotic ingredients in recognized
12-26 therapeutic amounts; not more than 1.8 grams of dihydrocodeine, or
12-27 any of its salts, per 100 milliliters or not more than 90
13-1 milligrams per dosage unit, with one or more active, nonnarcotic
13-2 ingredients in recognized therapeutic amounts; not more than 300
13-3 milligrams of ethylmorphine, or any of its salts, per 100
13-4 milliliters or not more than 15 milligrams per dosage unit, with
13-5 one or more ingredients in recognized therapeutic amounts; not
13-6 more than 500 milligrams of opium per 100 milliliters or per 100
13-7 grams, or not more than 25 milligrams per dosage unit, with one or
13-8 more active, nonnarcotic ingredients in recognized therapeutic
13-9 amounts; not more than 50 milligrams of morphine, or any of its
13-10 salts, per 100 milliliters or per 100 grams with one or more
13-11 active, nonnarcotic ingredients in recognized therapeutic amounts;
13-12 and (4) unless listed in another schedule, a material, compound,
13-13 mixture, or preparation that contains any quantity of the following
13-14 substances having a stimulant effect on the central nervous system,
13-15 including the substance's salts, optical, position, or geometric
13-16 isomers, and salts of the substance's isomers, if the existence of
13-17 the salts, isomers, and salts of isomers is possible within the
13-18 specific chemical designation: Benzphetamine; Chlorphentermine;
13-19 Chlortermine; and Phendimetrazine. Sec. 481.035. SCHEDULE IV.
13-20 Schedule IV consists of: (1) except as provided by Section
13-21 481.037, a material, compound, mixture, or preparation that
13-22 contains any quantity of the following substances having a
13-23 potential for abuse associated with a depressant effect on the
13-24 central nervous system: Alprazolam; Barbital; Chloral betaine;
13-25 Chloral hydrate; Chlordiazepoxide; Clonazepam; Clorazepate;
13-26 Diazepam; Ethchlorvynol; Ethinamate; Flurazepam; Halazepam;
13-27 Lorazepam; Mebutamate; Meprobamate; Methohexital;
14-1 Methylphenobarbital; Oxazepam; Paraldehyde; Pentazocine, its
14-2 salts, derivatives, compounds, or mixtures; Petrichloral;
14-3 Phenobarbital; Prazepam; Temazepam; and Triazolam; (2) unless
14-4 listed in another schedule, a material, compound, mixture, or
14-5 preparation that contains any quantity of the following substances
14-6 having a stimulant effect on the central nervous system, including
14-7 the substance's salts, optical, position, or geometric isomers, and
14-8 salts of those isomers if the existence of the salts, isomers, and
14-9 salts of isomers is possible within the specific designation:
14-10 Diethylpropion; Fenfluramine; Mazindol; Pemoline (including
14-11 organometallic complexes and their chelates); Phentermine;
14-12 Pipradol; and SPA ((-)-1-dimethyamino-1, 2-diphenylethane);
14-13 (3) unless specifically excepted or unless listed in another
14-14 schedule, a material, compound, mixture, or preparation that
14-15 contains any quantity of the following substances, including the
14-16 substance's salts: Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
14-17 2-diphenyl-3-methyl-2-propionoxybutane); (4) unless specifically
14-18 excepted or unless listed in another schedule, a material,
14-19 compound, mixture, or preparation containing limited quantities of
14-20 the following narcotic drug or its salts: not more than 1 milligram
14-21 of difenoxin and not less than 25 micrograms of atropine sulfate
14-22 per dosage unit; and (5) any human growth hormone or any of the
14-23 following anabolic steroids, or any isomer, ester, salt, or
14-24 derivative of the following that acts in the same manner on the
14-25 human body: Clostebol; Dehydrochlormethyltestosterone;
14-26 Ethylestrenol; Fluoxymesterone; Mesterolone; Methandienone;
14-27 Methandrostenolone; Methenolone; Methyltestosterone; Nandrolone;
15-1 Norethandrolone; Oxandrolone; Oxymesterone; Oxymetholone;
15-2 Stanozolol; and Testosterone. Sec. 481.036. SCHEDULE V.
15-3 Schedule V consists of a controlled substance that is a compound,
15-4 mixture, or preparation containing limited quantities of any of the
15-5 following narcotic drugs that also contain one or more nonnarcotic
15-6 active medicinal ingredients in sufficient proportion to confer on
15-7 the compound, mixture, or preparation valuable medicinal qualities
15-8 other than those possessed by the narcotic drug alone: (1) not
15-9 more than 200 milligrams of codeine, or any of its salts, per 100
15-10 milliliters or per 100 grams; (2) not more than 100 milligrams of
15-11 dihydrocodeine, or any of its salts, per 100 milliliters or per 100
15-12 grams; (3) not more than 100 milligrams of ethylmorphine, or any
15-13 of its salts, per 100 milliliters or per 100 grams; (4) not more
15-14 than 2.5 milligrams of diphenoxylate and not less than 25
15-15 micrograms of atropine sulfate per dosage unit; (5) not more than
15-16 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams;
15-17 and (6) not more than 0.5 milligrams of difenoxin and not less
15-18 than 25 micrograms of atropine sulfate per dosage unit>.
15-19 Sec. 481.033 <481.037>. EXCLUSION FROM SCHEDULES AND
15-20 APPLICATION OF ACT. (a) A nonnarcotic substance is excluded from
15-21 Schedules I through V if the substance may lawfully be sold over
15-22 the counter without a prescription, under the Federal Food, Drug,
15-23 and Cosmetic Act (21 U.S.C. Section 301 et seq.).
15-24 (b) The commissioner may not include in the schedules:
15-25 (1) a substance described by Subsection (a); or
15-26 (2) distilled spirits, wine, malt beverages, or
15-27 tobacco.
16-1 (c) A compound, mixture, or preparation containing a
16-2 stimulant substance listed in Schedule II <Section 481.033(3)> is
16-3 excepted from the application of this chapter if the compound,
16-4 mixture, or preparation contains one or more active medicinal
16-5 ingredients not having a stimulant effect on the central nervous
16-6 system and if the admixtures are included in combinations,
16-7 quantity, proportions, or concentrations that vitiate the potential
16-8 for abuse of the substance having a stimulant effect on the central
16-9 nervous system.
16-10 (d) A compound, mixture, or preparation containing a
16-11 depressant substance listed in Schedule III or IV <Section
16-12 481.034(1) or 481.035(1)> is excepted from the application of this
16-13 chapter if the compound, mixture, or preparation contains one or
16-14 more active medicinal ingredients not having a depressant effect on
16-15 the central nervous system and if the admixtures are included in
16-16 combinations, quantity, proportions, or concentrations that vitiate
16-17 the potential for abuse of the substance having a depressant effect
16-18 on the central nervous system.
16-19 (e) A nonnarcotic prescription substance is exempted from
16-20 Schedules I through V and the application of this chapter to the
16-21 same extent that the substance has been exempted from the
16-22 application of the Federal Controlled Substances Act, if the
16-23 substance is listed as an exempt prescription product under 21
16-24 C.F.R. Section 1308.32 and its subsequent amendments.
16-25 (f) A chemical substance that is intended for laboratory,
16-26 industrial, educational, or special research purposes and not for
16-27 general administration to a human being or other animal is exempted
17-1 from Schedules I through V and the application of this chapter to
17-2 the same extent that the substance has been exempted from the
17-3 application of the Federal Controlled Substances Act, if the
17-4 substance is listed as an exempt chemical preparation under 21
17-5 C.F.R. Section 1308.24 and its subsequent amendments.
17-6 (g) An anabolic steroid product, which has no significant
17-7 potential for abuse due to concentration, preparation, mixture, or
17-8 delivery system, is exempted from Schedules I through V and the
17-9 application of this chapter to the same extent that the substance
17-10 has been exempted from the application of the Federal Controlled
17-11 Substances Act, if the substance is listed as an exempt anabolic
17-12 steroid product under 21 C.F.R. Section 1308.34 and its subsequent
17-13 amendments.
17-14 Sec. 481.034 <481.038>. Establishment and Alteration of
17-15 Schedules by Commissioner. (a) The commissioner, with the
17-16 approval of the Texas Board of Health, shall establish a list of
17-17 <may add> substances designated in <to> Schedules I through V and
17-18 may add, delete, or reschedule substances listed in those
17-19 schedules. The commissioner shall assign a controlled substance to
17-20 a schedule:
17-21 (1) subject to Section 481.035; and
17-22 (2) not inconsistent with any other provision of this
17-23 subchapter <Section 481.039>.
17-24 (b) Except for alterations in schedules required by
17-25 Subsection (g), the commissioner may not make an alteration in a
17-26 schedule unless the commissioner holds a public hearing on the
17-27 matter in Austin.
18-1 (c) The commissioner may not:
18-2 (1) add a substance to the schedules if<: (1)> the
18-3 substance has been deleted from the schedules by the legislature;
18-4 <or>
18-5 (2) delete a substance from the schedules if the
18-6 substance has been added to the schedules by the legislature; or
18-7 (3) reschedule a substance if the substance has been
18-8 placed in the schedules by the legislature <legislation attempting
18-9 to add the substance to the schedules has failed to pass when
18-10 considered by a quorum of either house of the legislature>.
18-11 (d) In making a determination regarding a substance, the
18-12 commissioner shall consider:
18-13 (1) the actual or relative potential for its abuse;
18-14 (2) the scientific evidence of its pharmacological
18-15 effect, if known;
18-16 (3) the state of current scientific knowledge
18-17 regarding the substance;
18-18 (4) the history and current pattern of its abuse;
18-19 (5) the scope, duration, and significance of its
18-20 abuse;
18-21 (6) the risk to the public health;
18-22 (7) the potential of the substance to produce
18-23 psychological or physiological dependence liability; and
18-24 (8) whether the substance is an immediate precursor of
18-25 a substance already controlled under this chapter.
18-26 (e) After considering the factors listed in Subsection (d),
18-27 the commissioner shall make findings with respect to those factors
19-1 and adopt a rule controlling the substance if the commissioner
19-2 finds the substance has a potential for abuse.
19-3 (f) If the commissioner designates a substance as an
19-4 immediate precursor, a substance that is a precursor of the
19-5 controlled precursor is not subject to control solely because it is
19-6 a precursor of the controlled precursor.
19-7 (g) Except as otherwise provided by this subsection, if a
19-8 substance is designated, added, rescheduled, or deleted as a
19-9 controlled substance under federal law and notice of that fact is
19-10 given to the commissioner, the commissioner similarly shall control
19-11 the substance under this chapter. After the expiration of a 30-day
19-12 period beginning on the day after the date of publication in the
19-13 Federal Register of a final order designating a substance as a
19-14 controlled substance or adding, rescheduling, or deleting a
19-15 substance, the commissioner similarly shall designate, add,
19-16 reschedule, or delete the substance, unless the commissioner
19-17 objects during the period. If the commissioner objects, the
19-18 commissioner shall publish the reasons for the objection and give
19-19 all interested parties an opportunity to be heard. At the
19-20 conclusion of the hearing, the commissioner shall publish a
19-21 decision, which is final unless altered by statute. On publication
19-22 of an objection by the commissioner, control as to that particular
19-23 substance under this chapter is stayed until the commissioner
19-24 publishes the commissioner's decision.
19-25 (h) Not later than the 10th day after the date on which the
19-26 commissioner designates, adds, deletes, or reschedules a substance
19-27 under Subsection (a), the commissioner shall give written notice of
20-1 that action to the director and to each state licensing agency
20-2 having jurisdiction over practitioners.
20-3 Sec. 481.035 <481.039>. Findings. (a) The commissioner
20-4 shall place a substance in Schedule I if the commissioner finds
20-5 that the substance:
20-6 (1) has a high potential for abuse; and
20-7 (2) has no accepted medical use in treatment in the
20-8 United States or lacks accepted safety for use in treatment under
20-9 medical supervision.
20-10 (b) The commissioner shall place a substance in Schedule II
20-11 if the commissioner finds that:
20-12 (1) the substance has a high potential for abuse;
20-13 (2) the substance has currently accepted medical use
20-14 in treatment in the United States; and
20-15 (3) abuse of the substance may lead to severe
20-16 psychological or physical dependence.
20-17 (c) The commissioner shall place a substance in Schedule III
20-18 if the commissioner finds that:
20-19 (1) the substance has a potential for abuse less than
20-20 that of the substances listed in Schedules I and II;
20-21 (2) the substance has currently accepted medical use
20-22 in treatment in the United States; and
20-23 (3) abuse of the substance may lead to moderate or low
20-24 physical dependence or high psychological dependence.
20-25 (d) The commissioner shall place a substance in Schedule IV
20-26 if the commissioner finds that:
20-27 (1) the substance has a lower potential for abuse than
21-1 that of the substances listed in Schedule III;
21-2 (2) the substance has currently accepted medical use
21-3 in treatment in the United States; and
21-4 (3) abuse of the substance may lead to a more limited
21-5 physical or psychological dependence than that of the substances
21-6 listed in Schedule III.
21-7 (e) The commissioner shall place a substance in Schedule V
21-8 if the commissioner finds that the substance:
21-9 (1) has a lower potential for abuse than that of the
21-10 substances listed in Schedule IV;
21-11 (2) has currently accepted medical use in treatment in
21-12 the United States; and
21-13 (3) may lead to a more limited physical or
21-14 psychological dependence liability than that of the substances
21-15 listed in Schedule IV.
21-16 Sec. 481.036 <481.040>. Publication of Schedules. (a) The
21-17 commissioner shall publish the schedules <annually> by filing a
21-18 certified copy of the schedules with the secretary of state not
21-19 later than the fifth working day after the date the Texas Board of
21-20 Health approves an action by the commissioner under this
21-21 subchapter.
21-22 (b) Each published schedule must show changes, if any, made
21-23 in the schedule since its latest publication.
21-24 (c) An action by the commissioner that is approved by the
21-25 Texas Board of Health and establishes or changes a schedule under
21-26 this subchapter may not take effect before the 21st day after the
21-27 date on which the schedule or change is filed for publication with
22-1 the secretary of state unless an emergency exists for which the
22-2 action before that date is necessary to avoid an imminent hazard to
22-3 the public safety.
22-4 SECTION 3. Section 481.061, Health and Safety Code, is
22-5 amended by adding Subsection (d) to read as follows:
22-6 (d) Except as otherwise provided by this chapter, a person
22-7 may not administer, prescribe, produce, possess, or deliver a
22-8 controlled substance in this state without a registration issued
22-9 under this subchapter.
22-10 SECTION 4. Section 481.0621(a), Health and Safety Code, is
22-11 amended to read as follows:
22-12 (a) This subchapter does not apply to:
22-13 (1) an educational or research program of a private
22-14 school, a school district, or a public or private institution of
22-15 higher education, which complies with a memorandum of understanding
22-16 adopted by the department and the Texas Higher Education
22-17 Coordinating Board or the Central Education Agency, as appropriate;
22-18 or
22-19 (2) <. This subchapter does not apply to> a
22-20 manufacturer, wholesaler, retailer, or other person who sells,
22-21 transfers, or furnishes materials covered by this subchapter solely
22-22 to those educational or research programs.
22-23 SECTION 5. Sections 481.063(a), (e), (f), and (h), Health
22-24 and Safety Code, are amended to read as follows:
22-25 (a) The director may refuse to <not> issue a registration to
22-26 a person to manufacture, distribute, analyze, or conduct research
22-27 with a controlled substance if the person fails or refuses to
23-1 provide to <unless> the director <receives> a consent form signed
23-2 by the person granting the director the right to inspect the
23-3 person's controlled premises, any record covered by this chapter,
23-4 and any controlled substance or other item covered by this chapter.
23-5 (e) An application for registration to manufacture,
23-6 distribute, analyze, <or> dispense, or conduct research with a
23-7 controlled substance may be denied on a finding that the applicant:
23-8 (1) has furnished false or fraudulent material
23-9 information in an application filed under this chapter;
23-10 (2) has been convicted of or placed on community
23-11 supervision or other probation for:
23-12 (A) a felony;
23-13 (B) a violation of Chapters 481 through 485; or
23-14 (C) an offense reasonably related to the
23-15 registration sought;
23-16 (3) has voluntarily surrendered or has had suspended,
23-17 denied, or revoked a registration or application for registration
23-18 to manufacture, distribute, analyze, or dispense controlled
23-19 substances under the Federal Controlled Substances Act;
23-20 (4) has had suspended, probated, or revoked a
23-21 registration or a practitioner's license under the laws of this
23-22 state or another state;
23-23 (5) has failed to establish and maintain effective
23-24 security controls against diversion of controlled substances into
23-25 other than legitimate medical, scientific, or industrial channels
23-26 as provided by federal regulations or laws, this chapter, or a rule
23-27 adopted under this chapter;
24-1 (6) has <wilfully> failed to maintain records required
24-2 to be kept or has <wilfully or unreasonably> refused to allow an
24-3 inspection authorized by this chapter or a rule adopted under this
24-4 chapter; <or>
24-5 (7) has violated this chapter or a rule adopted under
24-6 this chapter; or
24-7 (8) has voluntarily surrendered a registration and the
24-8 voluntary surrender is in effect under a rule adopted under this
24-9 subchapter at the time the application is made or pending.
24-10 (f) The director may inspect the premises or establishment
24-11 of an applicant for registration in accordance with this chapter.
24-12 (h) The Administrative Procedure <and Texas Register> Act
24-13 (Chapter 2001, Government Code) <(Article 6252-13a, Vernon's Texas
24-14 Civil Statutes)> does not apply to a denial, suspension, or
24-15 revocation of a registration under Subsection (e)(3).
24-16 SECTION 6. Section 481.066, Health and Safety Code, is
24-17 amended to read as follows:
24-18 Sec. 481.066. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION,
24-19 PROBATION, OR REVOCATION OF REGISTRATION. (a) The director <A
24-20 district court> may accept a voluntary surrender of a registration
24-21 under a rule adopted under this subchapter.
24-22 (b) The director may cancel, suspend, or revoke a
24-23 registration, place on probation a person whose license has been
24-24 suspended, or reprimand a registrant for a cause described by
24-25 Section 481.063(e).
24-26 (c) The director may cancel a registration if it was issued
24-27 in error.
25-1 (d) The director <The attorney representing the state in
25-2 district court or the attorney general shall file and prosecute
25-3 appropriate judicial proceedings for the suspension or revocation
25-4 of a registrant's registration on presentation of competent
25-5 evidence by the director. A proceeding under this section may be
25-6 maintained in: (1) the registrant's county of residence; (2) the
25-7 county in which the registrant maintains a place of business or
25-8 practice; (3) the county in which a wrongful act under Section
25-9 481.063(e) was committed; or (4) Travis County. (b) A petition
25-10 for the suspension or revocation of a registration is sufficient if
25-11 it substantially complies with the following requirements: (1) the
25-12 petitioner must be "The State of Texas"; (2) the petition must be
25-13 directed to the registrant whose license is sought to be suspended
25-14 or revoked; (3) the petition must contain a short statement of
25-15 the cause of action sufficient to give notice of the grounds on
25-16 which suspension or revocation of the registration is sought;
25-17 (4) the petition must ask for a suspension or revocation of the
25-18 registration; and (5) the petition must be verified by the
25-19 director. (c) A court that suspends or revokes a registration>
25-20 may limit the cancellation, suspension, probation, or revocation to
25-21 the particular schedule or controlled substance within a schedule
25-22 for which grounds for cancellation, suspension, probation, or
25-23 revocation exist.
25-24 (e) After ordering acceptance of a voluntary surrender or
25-25 the cancellation, suspension, probation, or revocation of a
25-26 registration, the director may seize or <(d) If a registration is
25-27 suspended or revoked, at the time of suspension or the effective
26-1 date of the revocation order the court may> place under seal all
26-2 controlled substances owned or possessed by the registrant under
26-3 the authority of the registration in question. A disposition may
26-4 not be made of the seized or sealed substances <under seal> until
26-5 the time for administrative appeal of the director's order has
26-6 elapsed or until all appeals have been concluded, except that the
26-7 director <on an application the court> may order the sale of
26-8 perishable substances and deposit of the proceeds of the sale in an
26-9 account established for this purpose <with the court>. When a
26-10 cancellation, surrender, suspension, probation, or revocation order
26-11 becomes final, all controlled substances may be forfeited to the
26-12 state as provided under Section 481.157.
26-13 (f) <(e)> The operation of a registrant in violation of this
26-14 section is a public nuisance, and the director may apply to any
26-15 court of competent jurisdiction for an injunction suspending the
26-16 registration of the registrant.
26-17 (g) <(f)> The Administrative Procedure Act (Chapter 2001,
26-18 Government Code) applies to a proceeding <Rules of Civil Procedure
26-19 govern proceedings> under this section to the extent that it does
26-20 <they do> not conflict with this subchapter <section>.
26-21 (h) <(g)> The director shall promptly notify relevant state
26-22 agencies of an order accepting a voluntary surrender or cancelling,
26-23 suspending, probating, or revoking a registration and the
26-24 forfeiture of controlled substances.
26-25 (i) The director shall give written notice to the applicant
26-26 or registrant of any action ordering the acceptance of a voluntary
26-27 surrender, cancellation, suspension, probation, revocation, or
27-1 denial of a registration. The notice shall be sent by registered
27-2 mail, return receipt requested, to the most current address of the
27-3 applicant or registrant contained in the files of the Department
27-4 of Public Safety.
27-5 (j) After a voluntary surrender, cancellation, suspension,
27-6 probation, revocation, or denial of a registration, the applicant
27-7 or former registrant may petition the director for issuance or
27-8 reinstatement of the registration based on good cause shown by the
27-9 petitioner.
27-10 SECTION 7. Sections 481.071(b) and (c), Health and Safety
27-11 Code, are amended to read as follows:
27-12 (b) An anabolic steroid or human growth hormone listed in
27-13 Schedule III <Section 481.035> may only be:
27-14 (1) dispensed, prescribed, delivered, or administered
27-15 by a practitioner, as defined by Section 481.002(39)(A), for a
27-16 valid medical purpose and in the course of professional practice;
27-17 or
27-18 (2) dispensed or delivered by a pharmacist according
27-19 to a prescription issued by a practitioner, as defined by Section
27-20 481.002(39)(A) or (C), for a valid medical purpose and in the
27-21 course of professional practice.
27-22 (c) For the purposes of Subsection (b), bodybuilding, muscle
27-23 enhancement, or increasing muscle bulk or strength through the use
27-24 of an anabolic steroid or human growth hormone listed in Schedule
27-25 III <Section 481.035> by a person who is in good health is not a
27-26 valid medical purpose.
27-27 SECTION 8. Section 481.074(i), Health and Safety Code, is
28-1 amended to read as follows:
28-2 (i) A person may not dispense a controlled substance listed
28-3 in Schedule V <Section 481.036(1) or (2)> without the prescription
28-4 of a practitioner defined by Section 481.002(39)(A), except that a
28-5 practitioner may dispense the substance directly to an ultimate
28-6 user. A prescription issued under this subsection may not be
28-7 filled or refilled later than six months after the date the
28-8 prescription is issued and may not be refilled more than five
28-9 times, unless the prescription is renewed by the practitioner.
28-10 SECTION 9. Section 481.077, Health and Safety Code, is
28-11 amended by amending Subsections (a), (b), (c), and (k) to read as
28-12 follows:
28-13 (a) Except as provided by Subsection (l), a person who
28-14 sells, transfers, or otherwise furnishes any of the following
28-15 precursor substances to a person shall make an accurate and legible
28-16 record of the transaction and maintain the record for at least two
28-17 years after the date of the transaction:
28-18 (1) Methylamine;
28-19 (2) Ethylamine;
28-20 (3) D-lysergic acid;
28-21 (4) Ergotamine tartrate;
28-22 (5) Diethyl malonate;
28-23 (6) Malonic acid;
28-24 (7) Ethyl malonate;
28-25 (8) Barbituric acid;
28-26 (9) Piperidine;
28-27 (10) N-acetylanthranilic acid;
29-1 (11) Pyrrolidine;
29-2 (12) Phenylacetic acid;
29-3 (13) Anthranilic acid;
29-4 (14) <Morpholine; (15)> Ephedrine;
29-5 (15) <(16)> Pseudoephedrine;
29-6 (16) Norpseudoephedrine <or norpseudoephedrine>; or
29-7 (17) Phenylpropanolamine.
29-8 (b) The director by rule may name additional substances as
29-9 precursors for purposes of Subsection (a) if public health and
29-10 welfare are jeopardized by evidenced proliferation or use of a
29-11 chemical substance <used> in the illicit manufacture of a
29-12 controlled substance or controlled substance analogue.
29-13 (c) The director by rule may delete a substance listed in
29-14 <named as a precursor for purposes of> Subsection (a) if the
29-15 director determines that the substance does not jeopardize public
29-16 health and welfare or is not used in the illicit manufacture of a
29-17 controlled substance or a controlled substance analogue<. (c) The
29-18 Department of Public Safety shall file with the secretary of state
29-19 a certified copy of a rule adopted under this section>.
29-20 (k) This subsection applies to a <A> manufacturer,
29-21 wholesaler, retailer, or other person who sells, transfers, or
29-22 otherwise furnishes any substance subject to Subsection (a) and to
29-23 a permit holder, commercial purchaser, or other person who receives
29-24 a substance governed by Subsection (a) except a holder of a
29-25 one-time permit issued under Section 481.078(b)(1). A person
29-26 covered by this subsection:
29-27 (1) shall maintain records and inventories in
30-1 accordance with rules established by the director;
30-2 (2) <and> shall allow a member of the department or a
30-3 peace officer to conduct audits and inspect records of purchases
30-4 and all other records made in accordance with this section at any
30-5 reasonable time; and
30-6 (3) may not interfere with the audit or with the full
30-7 and complete inspection or copying of those records<. This
30-8 subsection does not apply to a recipient who has obtained a
30-9 precursor substance subject to Subsection (a) and who is a permit
30-10 holder under Section 481.078>.
30-11 SECTION 10. Section 481.078, Health and Safety Code, is
30-12 amended by amending Subsections (b) and (e) and adding Subsections
30-13 (f) and (g) to read as follows:
30-14 (b) The Department of Public Safety by rule shall establish
30-15 <develop> procedures and standards for the issuance and renewal, or
30-16 the voluntary surrender, cancellation, suspension, probation, or
30-17 revocation of:
30-18 (1) a permit for one sale, transfer, receipt, or
30-19 otherwise furnishing of a controlled substance precursor; or
30-20 (2) a permit for more than one sale, transfer,
30-21 receipt, or otherwise furnishing of a controlled substance
30-22 precursor.
30-23 (e) <The Department of Public Safety shall file with the
30-24 secretary of state a certified copy of a rule adopted under this
30-25 section> The director may not issue a permit under this section
30-26 unless the director receives a consent form signed by the person
30-27 seeking the permit that grants to the director the right to inspect
31-1 the person's controlled premises, records, and any chemical
31-2 precursor or other item covered by this chapter.
31-3 (f) The director may inspect the premises or establishment
31-4 of a permit holder or an applicant for a permit under this chapter.
31-5 (g) The director may pass reasonable rules relating to
31-6 security controls and inspection of a place, thing, or entity
31-7 covered by a chemical precursor transfer permit.
31-8 SECTION 11. Sections 481.079 and 481.082, Health and Safety
31-9 Code, are repealed.
31-10 SECTION 12. Section 481.080, Health and Safety Code, is
31-11 amended by amending Subsections (a), (d), (e), and (m) to read as
31-12 follows:
31-13 (a) In this section, "chemical laboratory apparatus" means
31-14 any item of equipment designed, made, or adapted to manufacture a
31-15 controlled substance or a controlled substance analogue, including;
31-16 (1) a condenser <condensers>;
31-17 (2) a distilling apparatus;
31-18 (3) a vacuum drier <dryers>;
31-19 (4) a three-neck or <flasks; (5)> distilling flask;
31-20 (5) a <flasks; (6)> tableting machine;
31-21 (6) an <machines; or (7)> encapsulating machine;
31-22 (7) a filter, Buchner, or separatory funnel;
31-23 (8) an Erlenmeyer, two-neck, or single-neck flask;
31-24 (9) a round-bottom, Florence, thermometer, or
31-25 filtering flask;
31-26 (10) a Soxhlet extractor;
31-27 (11) a transformer;
32-1 (12) a flask heater;
32-2 (13) a heating mantel; or
32-3 (14) an adaptor tube <machines>.
32-4 (d) The director by rule may name additional chemical
32-5 laboratory apparatus for purposes of Subsection (a) if public
32-6 health and welfare are jeopardized by evidenced proliferation or
32-7 use of a chemical laboratory apparatus in the illicit manufacture
32-8 of a controlled substance or controlled substance analogue.
32-9 (e) The director by rule may delete an apparatus listed in
32-10 Subsection (a) if the director determines that the apparatus does
32-11 not jeopardize public health and welfare or is not used in the
32-12 illicit manufacture of a controlled substance or a controlled
32-13 substance analogue<. (e) The Department of Public Safety shall
32-14 file with the secretary of state a certified copy of a rule adopted
32-15 under this section>.
32-16 (m) This subsection applies to a <A> manufacturer,
32-17 wholesaler, retailer, or other person who sells, transfers, or
32-18 otherwise furnishes any substance subject to Subsection (a) and to
32-19 a permit holder, commercial purchaser, or other person who receives
32-20 a substance governed by Subsection (a) except a holder of a
32-21 one-time permit issued under Section 481.081(b)(1). A person
32-22 covered by this subsection:
32-23 (1) shall maintain records and inventories in
32-24 accordance with rules established by the director;
32-25 (2) <and> shall allow a member of the department or a
32-26 peace officer to conduct audits and inspect records of purchases
32-27 and all other records made in accordance with this section at any
33-1 reasonable time; and
33-2 (3) may not interfere with the audit or with the full
33-3 and complete inspection or copying of those records<. This
33-4 subsection does not apply to a recipient who has obtained a
33-5 chemical laboratory apparatus subject to Subsection (a) and who is
33-6 a permit holder under Section 481.081>.
33-7 SECTION 13. Section 481.081, Health and Safety Code, is
33-8 amended by amending Subsections (b) and (e) and adding Subsections
33-9 (f) and (g) to read as follows:
33-10 (b) The Department of Public Safety by rule shall establish
33-11 <develop> procedures and standards for the issuance and renewal, or
33-12 the voluntary surrender, suspension, probation, or revocation of:
33-13 (1) a permit for one sale, transfer, receipt, or
33-14 otherwise furnishing of a chemical laboratory apparatus; or
33-15 (2) a permit for more than one sale, transfer,
33-16 receipt, or otherwise furnishing of a chemical laboratory
33-17 apparatus.
33-18 (e) <The Department of Public Safety shall file with the
33-19 secretary of state a certified copy of a rule adopted under this
33-20 section> The director may not issue a permit under this section
33-21 unless the director receives a consent form signed by the person
33-22 seeking the permit that grants to the director the right to inspect
33-23 the person's controlled premises, records, and any chemical
33-24 laboratory apparatus or other item covered by this chapter.
33-25 (f) The director may inspect the premises or establishment
33-26 of a permit holder or an applicant for a permit under this chapter.
33-27 (g) The director may pass reasonable rules relating to
34-1 security controls and inspection of a place, thing, or entity
34-2 covered by a chemical laboratory apparatus transfer permit.
34-3 SECTION 14. Section 481.102, Health and Safety Code, is
34-4 amended to read as follows:
34-5 Sec. 481.102. Penalty Group 1. Penalty Group 1 consists of:
34-6 (1) the following opiates, including their isomers,
34-7 esters, ethers, salts, and salts of isomers, esters, and ethers,
34-8 unless specifically excepted, if the existence of these isomers,
34-9 esters, ethers, and salts is possible within the specific chemical
34-10 designation:
34-11 Alfentanil;
34-12 Allylprodine;
34-13 Alphacetylmethadol;
34-14 Benzethidine;
34-15 Betaprodine;
34-16 Clonitazene;
34-17 Diethylthiambutene;
34-18 Diampromide;
34-19 Difenoxin not listed in Penalty Group 3 or 4;
34-20 Dimenoxadol;
34-21 Dimethylthiambutene;
34-22 Dioxaphetyl butyrate;
34-23 Dipipanone;
34-24 Ethylmethylthiambutene;
34-25 Etonitazene;
34-26 Etoxeridine;
34-27 Furethidine;
35-1 Hydroxypethidine;
35-2 Ketobemidone;
35-3 Levophenacylmorphan;
35-4 Meprodine;
35-5 Methadol;
35-6 Moramide;
35-7 Morpheridine;
35-8 Noracymethadol;
35-9 Norlevorphanol;
35-10 Normethadone;
35-11 Norpipanone;
35-12 Phenadoxone;
35-13 Phenampromide;
35-14 Phenomorphan;
35-15 Phenoperidine;
35-16 Piritramide;
35-17 Proheptazine;
35-18 Properidine;
35-19 Propiram;
35-20 Sufentanil;
35-21 Tilidine; and
35-22 Trimeperidine;
35-23 (2) the following opium derivatives, their salts,
35-24 isomers, and salts of isomers, unless specifically excepted, if the
35-25 existence of these salts, isomers, and salts of isomers is possible
35-26 within the specific chemical designation:
35-27 Acetorphine;
36-1 Acetyldihydrocodeine;
36-2 Benzylmorphine;
36-3 Codeine methylbromide;
36-4 Codeine-N-Oxide;
36-5 Cyprenorphine;
36-6 Desomorphine;
36-7 Dihydromorphine;
36-8 Drotebanol;
36-9 Etorphine, except hydrochloride salt;
36-10 Heroin;
36-11 Hydromorphinol;
36-12 Methyldesorphine;
36-13 Methyldihydromorphine;
36-14 Monoacetylmorphine;
36-15 Morphine methylbromide;
36-16 Morphine methylsulfonate;
36-17 Morphine-N-Oxide;
36-18 Myrophine;
36-19 Nicocodeine;
36-20 Nicomorphine;
36-21 Normorphine;
36-22 Pholcodine; and
36-23 Thebacon;
36-24 (3) the following substances, however produced, except
36-25 those narcotic drugs listed in another group:
36-26 (A) Opium and opiate not listed in Penalty Group
36-27 3 or 4, and a salt, compound, derivative, or preparation of opium
37-1 or opiate, other than thebaine derived butorphanol, nalmefene and
37-2 its salts, naloxone and its salts, and naltrexone and its salts,
37-3 but including:
37-4 Codeine not listed in Penalty Group 3 or 4;
37-5 Ethylmorphine not listed in Penalty Group 3 or 4;
37-6 Granulated opium;
37-7 Hydrocodone not listed in Penalty Group 3;
37-8 Hydromorphone;
37-9 Metopon;
37-10 Morphine not listed in Penalty Group 3;
37-11 Opium extracts;
37-12 Opium fluid extracts;
37-13 Oxycodone;
37-14 Oxymorphone;
37-15 Powdered opium;
37-16 Raw opium;
37-17 Thebaine; and
37-18 Tincture of opium;
37-19 (B) a salt, compound, isomer, derivative, or
37-20 preparation of a substance that is chemically equivalent or
37-21 identical to a substance described by Paragraph (A), other than the
37-22 isoquinoline alkaloids of opium;
37-23 (C) Opium poppy and poppy straw;
37-24 (D) Cocaine, including:
37-25 (i) its salts, its optical, position, and
37-26 geometric isomers, and the salts of those isomers;
37-27 (ii) coca leaves and a salt, compound,
38-1 derivative, or preparation of coca leaves;
38-2 (iii) a salt, compound, derivative, or
38-3 preparation of a salt, compound, or derivative that is chemically
38-4 equivalent or identical to a substance described by Subparagraph
38-5 (i) or (ii), other than decocainized coca leaves or extractions of
38-6 coca leaves that do not contain cocaine or ecgonine; and
38-7 (E) concentrate of poppy straw, meaning the
38-8 crude extract of poppy straw in liquid, solid, or powder form that
38-9 contains the phenanthrine alkaloids of the opium poppy<; and>
38-10 <(F) temporary listing of substances subject to
38-11 emergency scheduling by the Federal Drug Enforcement
38-12 Administration>;
38-13 (4) the following opiates, including their isomers,
38-14 esters, ethers, salts, and salts of isomers, if the existence of
38-15 these isomers, esters, ethers, and salts is possible within the
38-16 specific chemical designation:
38-17 Acetyl-alpha-methylfentanyl
38-18 (N-(1-(1-methyl-2-phenethyl)-4- piperidinyl)-N-phenylpropanamide)
38-19 (N-(1-(<*TJN PHenylacetamide)((N (1>1-methyl-2-phenethyl)-4-
38-20 piperidinyl) -N-phenylacetamide);
38-21 Alpha-methylthiofentanyl
38-22 (N-(1-methyl-2-(2-thienyl)ethyl-4-
38-23 piperidinyl)-N-phenylpropanamide);
38-24 Alphaprodine;
38-25 Anileridine;
38-26 Beta-hydroxyfentanyl(N-(1-(2-hydroxy-2-phenethyl)
38-27 -4-piperidinyl)-N- phenylpropanamide);
39-1 Beta-hydroxy-3-methylfentanyl;
39-2 Bezitramide;
39-3 Carfentanil;
39-4 Dihydrocodeine not listed in Penalty Group 3 or
39-5 4;
39-6 Diphenoxylate not listed in Penalty Group 3 or 4;
39-7 Fentanyl or alpha-methylfentanyl, or any other
39-8 derivative of Fentanyl;
39-9 Isomethadone;
39-10 Levomethorphan;
39-11 Levorphanol;
39-12 Metazocine;
39-13 Methadone;
39-14 Methadone-Intermediate,
39-15 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
39-16 3-methylfentanyl(N-(3-methyl-1- (2-phenylethyl)
39-17 -4-piperidyl)-N-phenylpropanamide);
39-18 3-methylthiofentanyl(N-(3-methyl-1- (2-thienyl)
39-19 ethyl-4-piperidyl)-N-phenylpropanamide);
39-20 Moramide-Intermediate, 2-methyl-3-morpholino-1,
39-21 1-diphenyl-propane-carboxylic acid;
39-22 Para-fluorofentanyl(N-(4-fluorophenyl)
39-23 -N-(1-(2-phenylethyl)-4- piperidinyl)propanamide);
39-24 PEPAP
39-25 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
39-26 Pethidine (Meperidine);
39-27 Pethidine-Intermediate-A,
40-1 4-cyano-1-methyl-4-phenylpiperidine;
40-2 Pethidine-Intermediate-B,
40-3 ethyl-4-phenylpiperidine-4 carboxylate;
40-4 Pethidine-Intermediate-C,
40-5 1-methyl-4-phenylpiperidine-4-carboxylic acid;
40-6 Phenazocine;
40-7 Piminodine;
40-8 Racemethorphan;
40-9 Racemorphan; and
40-10 Thiofentanyl(N-phenyl-N- (1-(2-thienyl)ethyl-4-
40-11 piperidinyl)- propanamide);
40-12 (5) <Lysergic acid diethylamide, including its salts,
40-13 isomers, and salts of isomers;>
40-14 <(6)> Methamphetamine, including its salts, optical
40-15 isomers, and salts of optical isomers;
40-16 (6) <(7)> Phenylacetone and methylamine, if possessed
40-17 together with intent to manufacture methamphetamine; and
40-18 (7) <(8)> Phencyclidine, including its salts.
40-19 SECTION 15. Subchapter D, Chapter 481, Health and Safety
40-20 Code, is amended by adding Section 481.1021 to read as follows:
40-21 Sec. 481.1021. PENALTY GROUP 1-A. Penalty Group 1-A
40-22 consists of lysergic acid diethylamide (LSD), including its salts,
40-23 isomers, and salts of isomers.
40-24 SECTION 16. Section 481.103, Health and Safety Code, is
40-25 amended to read as follows:
40-26 Sec. 481.103. Penalty Group 2.
40-27 (a) Penalty Group 2 consists of:
41-1 (1) any quantity of the following hallucinogenic
41-2 substances, their salts, isomers, and salts of isomers, unless
41-3 specifically excepted, if the existence of these salts, isomers,
41-4 and salts of isomers is possible within the specific chemical
41-5 designation:
41-6 4-bromo-2, 5-dimethoxyamphetamine (some trade or
41-7 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
41-8 4-bromo-2, 5-DMA);
41-9 Bufotenine (some trade and other names: 3-(beta-
41-10 Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-
41-11 indolol; N, N-dimethylserotonin; 5-hydroxy-N, N-dimethyltryptamine;
41-12 mappine);
41-13 Diethyltryptamine (some trade and other names:
41-14 N, N-Diethyltryptamine, DET);
41-15 2, 5-dimethoxyamphetamine (some trade or other
41-16 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
41-17 2, 5-dimethoxy-4-ethylamphetamine (some trade or
41-18 other names: DOET);
41-19 Dimethyltryptamine (some trade and other names:
41-20 DMT);
41-21 Dronabinol (synthetic) in sesame oil and
41-22 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
41-23 Administration approved drug product (some trade or other names for
41-24 Dronabinol: (a6aR-trans)-6a, 7, 8, 10a- tetrahydro-
41-25 6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
41-26 (-)-delta-9-(trans)-tetrahydrocannabinol);
41-27 alpha-ethyltryptamine;
42-1 Ethylamine Analog of Phencyclidine (some trade or
42-2 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
42-3 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
42-4 Ibogaine (some trade or other names: 7-Ethyl-6,
42-5 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
42-6 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
42-7 tabernanthe iboga.);
42-8 Mescaline;
42-9 5-methoxy-3, 4-methylenedioxy amphetamine;
42-10 4-methoxyamphetamine (some trade or other names:
42-11 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
42-12 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
42-13 PPMP);
42-14 4-methyl-2, 5-dimethoxyamphetamine (some trade
42-15 and other names: 4-methyl-2,
42-16 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
42-17 3,4-methylenedioxy methamphetamine (MDMA, MDM);
42-18 3,4-methylenedioxy amphetamine;
42-19 3,4-methylenedioxy N-ethylamphetamine (Also known
42-20 as N-ethyl MDA);
42-21 Nabilone (Another name for nabilone:
42-22 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
42-23 hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
42-24 N-ethyl-3-piperidyl benzilate;
42-25 N-hydroxy-3,4-methylenedioxyamphetamine (Also
42-26 known as N-hydroxy MDA);
42-27 4-methylaminorex;
43-1 N-methyl-3-piperidyl benzilate;
43-2 Parahexyl (some trade or other names:
43-3 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
43-4 9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
43-5 1-Phenylcyclohexylamine;
43-6 1-Piperidinocyclohexanecarbonitrile (PCC);
43-7 Psilocin;
43-8 Psilocybin;
43-9 Pyrrolidine Analog of Phencyclidine (some trade
43-10 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
43-11 Tetrahydrocannabinols, other than marihuana, and
43-12 synthetic equivalents of the substances contained in the plant, or
43-13 in the resinous extractives of Cannabis, or synthetic substances,
43-14 derivatives, and their isomers with similar chemical structure and
43-15 pharmacological activity such as:
43-16 delta-1 cis or trans tetrahydrocannabinol,
43-17 and their optical isomers;
43-18 delta-6 cis or trans tetrahydrocannabinol,
43-19 and their optical isomers;
43-20 delta-3, 4 cis or trans
43-21 tetrahydrocannabinol, and its optical isomers;
43-22 compounds of these structures, regardless
43-23 of numerical designation of atomic positions, since nomenclature of
43-24 these substances is not internationally standardized;
43-25 Thiophene Analog of Phencyclidine (some trade or
43-26 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
43-27 Analog of Phencyclidine; TPCP, TCP);
44-1 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
44-2 trade or other names: TCPy); and
44-3 3,4,5-trimethoxy amphetamine;
44-4 (2) Phenylacetone (some trade or other names:
44-5 Phenyl-2-propanone; P2P <P-2-P>, Benzymethyl ketone, methyl benzyl
44-6 ketone); and
44-7 (3) unless specifically excepted or unless listed in
44-8 another Penalty Group, a material, compound, mixture, or
44-9 preparation that contains any quantity of the following substances
44-10 having a potential for abuse associated with a depressant or
44-11 stimulant effect on the central nervous system:
44-12 Aminorex (some trade or other names:
44-13 aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-phenyl-2-
44-14 oxazolamine);
44-15 Amphetamine, its salts, optical isomers, and
44-16 salts of optical isomers;
44-17 Cathinone (some trade or other names:
44-18 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
44-19 2-aminopropiophenone);
44-20 Etorphine Hydrochloride;
44-21 Fenethylline and its salts;
44-22 Mecloqualone and its salts;
44-23 Methaqualone and its salts;
44-24 Methcathinone (some trade or other names:
44-25 2-methylamino-propiophenone; alpha-(methylamino)propriophenone; 2-
44-26 (methylamino)-1-phenylpropan-1-one; alpha-N-
44-27 methylaminopropriophenone; monomethylpropion; ephedrone, N-
45-1 methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
45-2 1431);
45-3 N-Ethylamphetamine, its salts, optical isomers,
45-4 and salts of optical isomers; and
45-5 N,N-dimethylamphetamine (some trade or other
45-6 names: N,N,alpha-trimethylbenzeneethaneamine;
45-7 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
45-8 salts of optical isomers.
45-9 (b) For the purposes of Subsection (a)(1) only, the term
45-10 "isomer" includes an optical, position, or geometric isomer.
45-11 SECTION 17. Section 481.104, Health and Safety Code, is
45-12 amended to read as follows:
45-13 Sec. 481.104. Penalty Group 3.
45-14 (a) Penalty Group 3 consists of:
45-15 (1) a material, compound, mixture, or preparation that
45-16 contains any quantity of the following substances having a
45-17 potential for abuse associated with a stimulant effect on the
45-18 central nervous system:
45-19 Methylphenidate and its salts; and
45-20 Phenmetrazine and its salts;
45-21 (2) a material, compound, mixture, or preparation that
45-22 contains any quantity of the following substances having a
45-23 potential for abuse associated with a depressant effect on the
45-24 central nervous system:
45-25 a substance that contains any quantity of a
45-26 derivative of barbituric acid, or any salt of a derivative of
45-27 barbituric acid not otherwise covered by this subsection;
46-1 a compound, mixture, or preparation containing
46-2 amobarbital, secobarbital, pentobarbital, or any salt of any of
46-3 these, and one or more active medicinal ingredients that are not
46-4 listed in any penalty group;
46-5 a suppository dosage form containing amobarbital,
46-6 secobarbital, pentobarbital, or any salt of any of these drugs, and
46-7 approved by the United States Food and Drug Administration for
46-8 marketing only as a suppository;
46-9 Alprazolam;
46-10 Amobarbital;
46-11 Bromazepam;
46-12 Camazepam;
46-13 Chlordiazepoxide;
46-14 Chlorhexadol;
46-15 Clobazam;
46-16 Clonazepam;
46-17 Clorazepate;
46-18 Clotiazepam;
46-19 Cloxazolam;
46-20 Delorazepam;
46-21 Diazepam;
46-22 Estazolam;
46-23 Ethyl loflazepate;
46-24 Fludiazepam;
46-25 Flunitrazepam;
46-26 Flurazepam;
46-27 Glutethimide;
47-1 Halazepam;
47-2 Haloxzolam;
47-3 Ketazolam;
47-4 Loprazolam;
47-5 Lorazepam;
47-6 Lormetazepam;
47-7 Lysergic acid, including its salts, isomers, and
47-8 salts of isomers;
47-9 Lysergic acid amide, including its salts,
47-10 isomers, and salts of isomers;
47-11 Mebutamate;
47-12 Medazepam;
47-13 Methyprylon;
47-14 Midazolam;
47-15 Nimetazepam;
47-16 Nitrazepam;
47-17 Nordiazepam;
47-18 Oxazepam;
47-19 Oxazolam;
47-20 Pentazocine, its salts, derivatives, or compounds
47-21 or mixtures thereof;
47-22 Pentobarbital;
47-23 Pinazepam;
47-24 Prazepam;
47-25 Quazepam;
47-26 Secobarbital;
47-27 Sulfondiethylmethane;
48-1 Sulfonethylmethane;
48-2 Sulfonmethane;
48-3 Temazepam;
48-4 Tetrazepam;
48-5 Tiletamine and zolazepam in combination, and its
48-6 salts. (some trade or other names for a tiletamine-zolazepam
48-7 combination product: Telazol, for tiletamine:
48-8 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
48-9 4-(2-fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-
48-10 (3,4-e)(1,4)-d diazepin-7(1H)-one, flupyrazapon); <and>
48-11 Triazolam; and
48-12 Zolpidem;
48-13 (3) Nalorphine;
48-14 (4) a material, compound, mixture, or preparation
48-15 containing limited quantities of the following narcotic drugs, or
48-16 any of their salts:
48-17 not more than 1.8 grams of codeine, or any of its
48-18 salts, per 100 milliliters or not more than 90 milligrams per
48-19 dosage unit, with an equal or greater quantity of an isoquinoline
48-20 alkaloid of opium;
48-21 not more than 1.8 grams of codeine, or any of its
48-22 salts, per 100 milliliters or not more than 90 milligrams per
48-23 dosage unit, with one or more active, nonnarcotic ingredients in
48-24 recognized therapeutic amounts;
48-25 not more than 300 milligrams of dihydrocodeinone
48-26 (hydrocodone), or any of its salts, per 100 milliliters or not more
48-27 than 15 milligrams per dosage unit, with a fourfold or greater
49-1 quantity of an isoquinoline alkaloid of opium;
49-2 not more than 300 milligrams of dihydrocodeinone
49-3 (hydrocodone), or any of its salts, per 100 milliliters or not more
49-4 than 15 milligrams per dosage unit, with one or more active,
49-5 nonnarcotic ingredients in recognized therapeutic amounts;
49-6 not more than 1.8 grams of dihydrocodeine, or any
49-7 of its salts, per 100 milliliters or not more than 90 milligrams
49-8 per dosage unit, with one or more active, nonnarcotic ingredients
49-9 in recognized therapeutic amounts;
49-10 not more than 300 milligrams of ethylmorphine, or
49-11 any of its salts, per 100 milliliters or not more than 15
49-12 milligrams per dosage unit, with one or more active, nonnarcotic
49-13 ingredients in recognized therapeutic amounts;
49-14 not more than 500 milligrams of opium per 100
49-15 milliliters or per 100 grams, or not more than 25 milligrams per
49-16 dosage unit, with one or more active, nonnarcotic ingredients in
49-17 recognized therapeutic amounts;
49-18 not more than 50 milligrams of morphine, or any
49-19 of its salts, per 100 milliliters or per 100 grams with one or more
49-20 active, nonnarcotic ingredients in recognized therapeutic amounts;
49-21 and
49-22 not more than 1 milligram of difenoxin and not
49-23 less than 25 micrograms of atropine sulfate per dosage unit;
49-24 (5) a material, compound, mixture, or preparation that
49-25 contains any quantity of the following substances:
49-26 Barbital;
49-27 Chloral betaine;
50-1 Chloral hydrate;
50-2 Ethchlorvynol;
50-3 Ethinamate;
50-4 Meprobamate;
50-5 Methohexital;
50-6 Methylphenobarbital (Mephobarbital);
50-7 Paraldehyde;
50-8 Petrichloral; and
50-9 Phenobarbital;
50-10 (6) Peyote, unless unharvested and growing in its
50-11 natural state, meaning all parts of the plant classified
50-12 botanically as Lophophora, whether growing or not, the seeds of the
50-13 plant, an extract from a part of the plant, and every compound,
50-14 manufacture, salt, derivative, mixture, or preparation of the
50-15 plant, its seeds, or extracts;
50-16 (7) unless listed in another penalty group, a
50-17 material, compound, mixture, or preparation that contains any
50-18 quantity of the following substances having a stimulant effect on
50-19 the central nervous system, including the substance's salts,
50-20 optical, position, or geometric isomers, and salts of the
50-21 substance's isomers, if the existence of the salts, isomers, and
50-22 salts of isomers is possible within the specific chemical
50-23 designation:
50-24 Benzphetamine;
50-25 Cathine ((+)-norpseudoephedrine);
50-26 Chlorphentermine;
50-27 Clortermine;
51-1 Diethylpropion;
51-2 Fencamfamin;
51-3 Fenfluramine;
51-4 Fenproporex;
51-5 Mazindol;
51-6 Mefenorex;
51-7 Pemoline (including organometallic complexes and
51-8 their chelates);
51-9 Phendimetrazine;
51-10 Phentermine;
51-11 Pipradrol; and
51-12 SPA ((-)-1-dimethylamino-1,2-diphenylethane);
51-13 (8) unless specifically excepted or unless listed in
51-14 another penalty group, a material, compound, mixture, or
51-15 preparation that contains any quantity of the following substance,
51-16 including its salts:
51-17 Dextropropoxyphene
51-18 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
51-19 and
51-20 (9) Anabolic steroids, including any drug or hormonal
51-21 substance, chemically or pharmacologically related to
51-22 testerostrone, other than estrogens, progestins, and
51-23 corticosteriods, that promotes muscle growth and includes the
51-24 following <any human growth hormone or any of the following
51-25 anabolic steroids, or any isomer, ester, salt, or derivative of the
51-26 following that acts in the same manner on the human body>:
51-27 Boldenone;
52-1 Chlorotestosterone (4-chlortestosterone);
52-2 Clostebol;
52-3 Dehydrochlormethyltestosterone;
52-4 Dihydrotestosterone (4-dihydrotestosterone);
52-5 Drostanolone;
52-6 Ethylestrenol;
52-7 Fluoxymesterone;
52-8 Formebulone;
52-9 Mesterolone;
52-10 Methandienone;
52-11 Methandranone;
52-12 Methandriol;
52-13 Methandrostenolone;
52-14 Methenolone;
52-15 Methyltestosterone;
52-16 Mibolerone;
52-17 Nandrolone;
52-18 Norethandrolone;
52-19 Oxandrolone;
52-20 Oxymesterone;
52-21 Oxymetholone;
52-22 Stanolone;
52-23 Stanozolol;
52-24 Testolactone;
52-25 Testosterone; and
52-26 Trenbolone.
52-27 (b) Penalty Group 3 does not include a compound, mixture, or
53-1 preparation containing a stimulant substance listed in Subsection
53-2 (a)(1) if the compound, mixture, or preparation contains one or
53-3 more active medicinal ingredients not having a stimulant effect on
53-4 the central nervous system and if the admixtures are included in
53-5 combinations, quantity, proportion, or concentration that vitiate
53-6 the potential for abuse of the substances that have a stimulant
53-7 effect on the central nervous system.
53-8 (c) Penalty Group 3 does not include a compound, mixture, or
53-9 preparation containing a depressant substance listed in Subsection
53-10 (a)(2) or (a)(5) if the compound, mixture, or preparation contains
53-11 one or more active medicinal ingredients not having a depressant
53-12 effect on the central nervous system and if the admixtures are
53-13 included in combinations, quantity, proportion, or concentration
53-14 that vitiate the potential for abuse of the substances that have a
53-15 depressant effect on the central nervous system.
53-16 SECTION 18. Section 481.105, Health and Safety Code, is
53-17 amended to read as follows:
53-18 Sec. 481.105. Penalty Group 4. Penalty Group 4 consists of:
53-19 (1) a compound, mixture, or preparation containing
53-20 limited quantities of any of the following narcotic drugs that
53-21 includes one or more nonnarcotic active medicinal ingredients in
53-22 sufficient proportion to confer on the compound, mixture, or
53-23 preparation valuable medicinal qualities other than those possessed
53-24 by the narcotic drug alone:
53-25 not more than 200 milligrams of codeine per 100
53-26 milliliters or per 100 grams;
53-27 not more than 100 milligrams of dihydrocodeine per 100
54-1 milliliters or per 100 grams;
54-2 not more than 100 milligrams of ethylmorphine per 100
54-3 milliliters or per 100 grams;
54-4 not more than 2.5 milligrams of diphenoxylate and not
54-5 less than 25 micrograms of atropine sulfate per dosage unit;
54-6 not more than 15 milligrams of opium per 29.5729
54-7 milliliters or per 28.35 grams; and
54-8 not more than 0.5 milligram of difenoxin and not less
54-9 than 25 micrograms of atropine sulfate per dosage unit;
54-10 (2) unless specifically excepted or unless listed in
54-11 another penalty group, a material, compound, mixture, or
54-12 preparation containing the narcotic drug Buprenorphine or its
54-13 salts; and
54-14 (3) unless specifically exempted or excluded or unless
54-15 listed in another penalty group, any material, compound, mixture,
54-16 or preparation that contains any quantity of pyrovalerone, a
54-17 substance <the following substances> having a stimulant effect on
54-18 the central nervous system, including its salts, isomers, and salts
54-19 of isomers<: Propylhexedrine; and Pyrovalerone>.
54-20 SECTION 19. Subchapter D, Chapter 481, Health and Safety
54-21 Code, is amended by adding Section 481.1121 to read as follows:
54-22 Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF
54-23 SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as authorized by this
54-24 chapter, a person commits an offense if the person knowingly or
54-25 intentionally manufactures, delivers, or possesses with intent to
54-26 manufacture or deliver a controlled substance listed in Penalty
54-27 Group 1-A.
55-1 (b) An offense under Subsection (a) is a felony of the third
55-2 degree if the amount of the controlled substance to which the
55-3 offense applies is less than 20 abuse units.
55-4 (c) An offense under Subsection (a) is a felony of the
55-5 second degree if the amount of the controlled substance to which
55-6 the offense applies is 20 abuse units or more.
55-7 (d) An offense under Subsection (a) is a felony of the first
55-8 degree if the amount of the controlled substance to which the
55-9 offense applies is 80 abuse units or more.
55-10 (e) An offense under Subsection (a) is punishable by
55-11 imprisonment in the institutional division of the Texas Department
55-12 of Criminal Justice for life or for a term of not more than 99
55-13 years or less than 15 years, and a fine not to exceed $250,000, if
55-14 the amount of the controlled substance to which the offense applies
55-15 is 4,000 abuse units or more.
55-16 SECTION 20. Subchapter D, Chapter 481, Health and Safety
55-17 Code, is amended by adding Section 481.1151 to read as follows:
55-18 Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
55-19 GROUP 1-A. (a) Except as authorized by this chapter, a person
55-20 commits an offense if the person knowingly or intentionally
55-21 possesses a controlled substance listed in Penalty Group 1-A,
55-22 unless the person obtained the substance directly from or under a
55-23 valid prescription or order of a practitioner acting in the course
55-24 of professional practice.
55-25 (b) An offense under Subsection (a) is a state jail felony
55-26 if the amount of the controlled substance possessed is less than 20
55-27 abuse units.
56-1 (c) An offense under Subsection (a) is a felony of the third
56-2 degree if the amount of the controlled substance possessed is 20
56-3 abuse units or more.
56-4 (d) An offense under Subsection (a) is a felony of the
56-5 second degree if the amount of the controlled substance possessed
56-6 is 80 abuse units or more.
56-7 (e) An offense under Subsection (a) is a felony of the first
56-8 degree if the amount of the controlled substance possessed is 4,000
56-9 abuse units or more.
56-10 (f) An offense under Subsection (a) is punishable by
56-11 imprisonment in the intitutional division of the Texas Department
56-12 of Criminal Justice for life or for a term of not more than 99
56-13 years or less than 15 years, and a fine not to exceed $250,000, if
56-14 the amount of the controlled substance possessed is 8,000 abuse
56-15 units or more.
56-16 SECTION 21. Section 481.122(a), Health and Safety Code, is
56-17 amended to read as follows:
56-18 (a) Except as authorized by this chapter, a person commits
56-19 an offense if the person knowingly or intentionally delivers a
56-20 controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or
56-21 knowingly or intentionally delivers marihuana and the person
56-22 delivers the controlled substance or marihuana to a person:
56-23 (1) who is 17 years of age or younger;
56-24 (2) who the actor knows or believes intends to deliver
56-25 the controlled substance or marihuana to a person 17 years of age
56-26 or younger;
56-27 (3) who is enrolled in an elementary or secondary
57-1 school; or
57-2 (4) who the actor knows or believes intends to deliver
57-3 the controlled substance or marihuana to a person who is enrolled
57-4 in an elementary or secondary school.
57-5 SECTION 22. Section 481.123(a), Health and Safety Code, is
57-6 amended to read as follows:
57-7 (a) For the purposes of this chapter, a controlled substance
57-8 analogue is considered to be a controlled substance listed in
57-9 Penalty Group 1 or 1-A if the analogue in whole or in part is
57-10 intended for human consumption and:
57-11 (1) the chemical structure of the analogue is
57-12 substantially similar to the chemical structure of a controlled
57-13 substance listed in Schedule I or Penalty Group 1 or 1-A; or
57-14 (2) the analogue is specifically designed to produce
57-15 an effect substantially similar to or greater than the effect of a
57-16 controlled substance listed in Schedule I or Penalty Group 1 or
57-17 1-A.
57-18 SECTION 23. Section 481.128, Health and Safety Code, is
57-19 amended to read as follows:
57-20 Sec. 481.128. Offense and Civil Penalty: Commercial
57-21 Matters. (a) A registrant or dispenser commits an offense if the
57-22 registrant or dispenser knowingly or intentionally:
57-23 (1) distributes, delivers, administers, or dispenses
57-24 a controlled substance in violation of Sections 481.070-481.075
57-25 <481.074>;
57-26 (2) manufactures a controlled substance not authorized
57-27 by the person's registration or distributes or dispenses a
58-1 controlled substance not authorized by the person's registration to
58-2 another registrant or other person;
58-3 (3) refuses or fails to make, keep, or furnish a
58-4 record, report, notification, order form, statement, invoice, or
58-5 information required by this chapter;
58-6 (4) prints, manufactures, possesses, or produces a
58-7 triplicate prescription form without the approval of the Department
58-8 of Public Safety;
58-9 (5) delivers or possesses a counterfeit triplicate
58-10 prescription;
58-11 (6) refuses an entry into a premise for an inspection
58-12 authorized by this chapter;
58-13 (7) refuses or fails to return a triplicate
58-14 prescription form as required by Section 481.075(h); <or>
58-15 (8) refuses or fails to make, keep, or furnish a
58-16 record, report, notification, order form, statement, invoice, or
58-17 information required by a rule adopted <before June 1, 1991,> by
58-18 the director; or
58-19 (9) refuses or fails to maintain security as required
58-20 by this chapter or a rule adopted under this chapter.
58-21 (b) If the registrant or dispenser knowingly or
58-22 intentionally refuses or fails to make, keep, or furnish a record,
58-23 report, notification, order form, statement, invoice, or
58-24 information or maintain security as required by a rule <or a rule
58-25 amendment> adopted <on or after June 1, 1991,> by the director, the
58-26 registrant or dispenser is liable to the state for a civil penalty
58-27 of not more than $5,000 for each act.
59-1 (c) <If the registrant or dispenser negligently fails to
59-2 make, keep, or furnish a record, report, notification, order form,
59-3 statement, invoice, or information required by a rule or a rule
59-4 amendment adopted on or after June 1, 1991, by the director, the
59-5 registrant or dispenser is liable to the state for a civil penalty
59-6 of not more than $1,000 for each act. (d)> An offense under
59-7 Subsection (a) is a state jail felony.
59-8 (d) <(e)> If a person <negligently> commits an act that
59-9 would otherwise be an offense under Subsection (a) except that it
59-10 was committed recklessly, with criminal negligence, or negligently,
59-11 the person is liable to the state for a civil penalty of not less
59-12 than $1,000 <$5,000 or more than $10,000> for each act.
59-13 (e) <(f)> A district attorney of the county where the act
59-14 occurred may file suit in district court in that county to collect
59-15 a civil penalty under this section, or the district attorney of
59-16 Travis County or the attorney general may file suit in district
59-17 court in Travis County to collect the penalty.
59-18 SECTION 24. Section 481.130, Health and Safety Code, is
59-19 amended to read as follows:
59-20 (a) A penalty imposed for an offense under this chapter is
59-21 in addition to any civil, criminal, or administrative penalty or
59-22 other sanction imposed by law.
59-23 (b) An offense which may be punished under a greater or
59-24 lesser aggregate weight provision of this chapter may be punished
59-25 under either provision but not both.
59-26 SECTION 25. Subchapter D, Chapter 481, Health and Safety
59-27 Code, is amended by adding Sections 481.136 and 481.137 to read as
60-1 follows:
60-2 Sec. 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
60-3 CHEMICAL PRECURSOR. (a) A person who sells, transfers, furnishes,
60-4 or receives a precursor substance subject to Section 481.077(a)
60-5 commits an offense if the person:
60-6 (1) is required by Section 481.078 to have a precursor
60-7 transfer permit and does not have a precursor transfer permit at
60-8 the time of the transaction;
60-9 (2) does not comply with Section 481.077;
60-10 (3) knowingly makes a false statement in a report or
60-11 record required by Section 481.077 or 481.078; or
60-12 (4) intentionally or knowingly violates a rule adopted
60-13 under Section 481.077 or 481.078.
60-14 (b) A person who sells, transfers, or otherwise furnishes a
60-15 precursor substance subject to Section 481.077(a) commits an
60-16 offense if the person sells, transfers, or furnishes the substance
60-17 with the knowledge or intent that the recipient will use the
60-18 substance to unlawfully manufacture a controlled substance or
60-19 controlled substance analogue.
60-20 (c) An offense under Subsection (a) is a state jail felony,
60-21 unless it is shown on the trial of a defendant that the defendant
60-22 was convicted previously under this section, in which event the
60-23 offense is a felony of the third degree.
60-24 (d) An offense under Subsection (b) is a felony of the third
60-25 degree.
60-26 Sec. 481.137. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
60-27 CHEMICAL LABORATORY APPARATUS. (a) A person who sells, transfers,
61-1 furnishes, or receives an apparatus subject to Section 481.080(a)
61-2 commits an offense if the person:
61-3 (1) is required by Section 481.081 to have an
61-4 apparatus transfer permit and does not have an apparatus transfer
61-5 permit at the time of the transaction;
61-6 (2) does not comply with the requirements of Section
61-7 481.080;
61-8 (3) knowingly makes a false statement in a report or
61-9 record required by Section 481.080 or 481.081; or
61-10 (4) intentionally or knowingly violates a rule adopted
61-11 under Section 481.080 or 481.081.
61-12 (b) A person who sells, transfers, or otherwise furnishes an
61-13 apparatus subject to Section 481.080(a) commits an offense if the
61-14 person sells, transfers, or furnishes the apparatus with the
61-15 knowledge or intent that the recipient will use the apparatus to
61-16 unlawfully manufacture a controlled substance or controlled
61-17 substance analogue.
61-18 (c) An offense under Subsection (a) is a state jail felony,
61-19 unless it is shown on the trial of a defendant that the defendant
61-20 was convicted previously under this section, in which event the
61-21 offense is a felony of the third degree.
61-22 (d) An offense under Subsection (b) is a felony of the third
61-23 degree.
61-24 SECTION 26. Section 483.041(d), Health and Safety Code, is
61-25 amended to read as follows:
61-26 (d) An offense under this section is a Class A misdemeanor
61-27 <felony of the third degree>.
62-1 SECTION 27. Not later than December 1, 1995, the
62-2 commissioner of health shall file with the secretary of state for
62-3 publication in the Texas Register a list of substances designated
62-4 in Schedules I through V under Subchapter B, Chapter 481, Health
62-5 and Safety Code, as amended by this Act to take effect January 1,
62-6 1996. The schedules in effect immediately before the effective
62-7 date of this Act continue in effect until changed by the
62-8 commissioner in accordance with this Act.
62-9 SECTION 28. (a) The change in law made by this Act applies
62-10 only to an offense committed on or after the effective date of this
62-11 Act. For purposes of this section, an offense is committed before
62-12 the effective date of this Act if any element of the offense occurs
62-13 before the effective date.
62-14 (b) An offense committed before the effective date of this
62-15 Act is covered by the law in effect when the offense was committed,
62-16 and the former law is continued in effect for this purpose.
62-17 SECTION 29. This Act takes effect September 1, 1995.
62-18 SECTION 30. The importance of this legislation and the
62-19 crowded condition of the calendars in both houses create an
62-20 emergency and an imperative public necessity that the
62-21 constitutional rule requiring bills to be read on three several
62-22 days in each house be suspended, and this rule is hereby suspended.