SRC-JFA H.B. 358 75(R) BILL ANALYSIS Senate Research Center H.B. 358 By: Maxey (Zaffirini) Health & Human Services 4-28-97 Engrossed DIGEST Currently, the Texas Department of Health (department) is authorized to place under detention any potentially misbranded or adulterated drug or medical device. The law does not specify if such detained products cannot be used. This bill would prohibit the use of certain articles detained or embargoed by the department under the authority of the Health and Safety Code. PURPOSE As proposed, H.B. 358 prohibits the use of certain articles detained or embargoed by the Texas Department of Health under authority of the Health and Safety Code. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 431.021, Health and Safety Code, to provide that the use of a detained or embargoed article in violation of Section 431.048, among other actions, is unlawful and prohibited. SECTION 2. Amends Section 431.048(b) and (c), Health and Safety Code, to require the tag or marking on a detained or embargoed article to warn all persons not to use the article, among other actions, until permission for use is given by the Commissioner of Health (commissioner), the authorized agent, or a court. Prohibits a person from using a detained or embargoed article or from disposing of a detained or embargoed article by sale or otherwise, among other actions, without permission of the commissioner, the authorized agent, or a court. SECTION 3. Amends Section 431.049(a), Health and Safety Code, to authorize the commissioner or an authorized agent, under certain conditions, to order the transfer of certain articles to one or more secure storage areas to prevent their unauthorized use, among other actions. SECTION 4. Emergency clause. Effective date: upon passage.