By Van de Putte, Wise H.B. No. 1070
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug regulation and enforcement under the Texas
1-3 Controlled Substances Act and to the authority of certain state
1-4 agencies under that Act and to certain penalties for the use of a
1-5 controlled substance to commit the offense; imposing criminal
1-6 penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 481.002, Health and Safety Code, is
1-9 amended by amending Subdivisions (3), (4), (5), (6), (17), (30),
1-10 and (41) and by adding Subdivision (50) to read as follows:
1-11 (3) "Commissioner" means the commissioner of public
1-12 health or the commissioner's designee.
1-13 (4) "Controlled premises" means:
1-14 (A) a place where original or other records or
1-15 documents required under this chapter are kept or are required to
1-16 be kept; or
1-17 (B) a place, including a factory, warehouse,
1-18 other establishment, or conveyance, where a person registered under
1-19 this chapter may lawfully hold, manufacture, distribute, dispense,
1-20 administer, possess, or otherwise dispose of a controlled substance
1-21 or other item governed by this chapter, including a chemical
1-22 precursor and a chemical laboratory apparatus.
1-23 (5) "Controlled substance" means a substance,
1-24 including a drug, an adulterant, a dilutant, and an immediate
2-1 precursor, listed in Schedules I through V or Penalty Groups 1,
2-2 1-A, or 2 through 4. The term includes the aggregate weight of any
2-3 mixture, solution, or other substance containing a controlled
2-4 substance.
2-5 (6) "Controlled substance analogue" means:
2-6 (A) a substance with a chemical structure
2-7 substantially similar to the chemical structure of a controlled
2-8 substance in Schedule I or II or Penalty Group 1, 1-A, or 2; or
2-9 (B) a substance specifically designed to produce
2-10 an effect substantially similar to, or greater than, the effect of
2-11 a controlled substance in Schedule I or II or Penalty Group 1, 1-A,
2-12 or 2.
2-13 (17) "Drug paraphernalia" means equipment, a product,
2-14 or material that is used or intended for use in planting,
2-15 propagating, cultivating, growing, harvesting, manufacturing,
2-16 compounding, converting, producing, processing, preparing, testing,
2-17 analyzing, packaging, repackaging, storing, containing, or
2-18 concealing a controlled substance in violation of this chapter or
2-19 in injecting, ingesting, inhaling, or otherwise introducing into
2-20 the human body a controlled substance in violation of this chapter.
2-21 The term includes:
2-22 (A) a kit used or intended for use in planting,
2-23 propagating, cultivating, growing, or harvesting a species of plant
2-24 that is a controlled substance or from which a controlled
2-25 substance may be derived;
2-26 (B) a material, compound, mixture, preparation,
2-27 or kit used or intended for use in manufacturing, compounding,
3-1 converting, producing, processing, or preparing a controlled
3-2 substance;
3-3 (C) an isomerization device used or intended for
3-4 use in increasing the potency of a species of plant that is a
3-5 controlled substance;
3-6 (D) testing equipment used or intended for use
3-7 in identifying or in analyzing the strength, effectiveness, or
3-8 purity of a controlled substance;
3-9 (E) a scale or balance used or intended for use
3-10 in weighing or measuring a controlled substance;
3-11 (F) a dilutant [diluent] or adulterant, such as
3-12 quinine hydrochloride, mannitol, inositol, nicotinamide [mannite],
3-13 dextrose, [or] lactose, or absorbent, blotter-type material, that
3-14 is used or intended to be used to increase the amount or weight of
3-15 or to transfer [for use in cutting] a controlled substance
3-16 regardless of whether the dilutant or adulterant diminishes the
3-17 efficacy of the controlled substance;
3-18 (G) a separation gin or sifter used or intended
3-19 for use in removing twigs and seeds from or in otherwise cleaning
3-20 or refining marihuana;
3-21 (H) a blender, bowl, container, spoon, or mixing
3-22 device used or intended for use in compounding a controlled
3-23 substance;
3-24 (I) a capsule, balloon, envelope, or other
3-25 container used or intended for use in packaging small quantities of
3-26 a controlled substance;
3-27 (J) a container or other object used or intended
4-1 for use in storing or concealing a controlled substance;
4-2 (K) a hypodermic syringe, needle, or other
4-3 object used or intended for use in parenterally injecting a
4-4 controlled substance into the human body; and
4-5 (L) an object used or intended for use in
4-6 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
4-7 hashish, or hashish oil into the human body, including:
4-8 (i) a metal, wooden, acrylic, glass,
4-9 stone, plastic, or ceramic pipe with or without a screen, permanent
4-10 screen, hashish head, or punctured metal bowl;
4-11 (ii) a water pipe;
4-12 (iii) a carburetion tube or device;
4-13 (iv) a smoking or carburetion mask;
4-14 (v) a chamber pipe;
4-15 (vi) a carburetor pipe;
4-16 (vii) an electric pipe;
4-17 (viii) an air-driven pipe;
4-18 (ix) a chillum;
4-19 (x) a bong; or
4-20 (xi) an ice pipe or chiller.
4-21 (30) "Opiate" means a substance that has an
4-22 addiction-forming or addiction-sustaining liability similar to
4-23 morphine or is capable of conversion into a drug having
4-24 addiction-forming or addiction-sustaining liability. The term
4-25 includes its racemic and levorotatory forms. The term does not
4-26 include, unless specifically designated as controlled under
4-27 Subchapter B [Section 481.038], the dextrorotatory isomer of
5-1 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
5-2 (41) "Prescription" means an order by a practitioner
5-3 to a pharmacist for a controlled substance for a particular patient
5-4 that specifies:
5-5 (A) the date of issue;
5-6 (B) the name and address of the patient or, if
5-7 the controlled substance is prescribed for an animal, the species
5-8 of the animal and the name and address of its owner;
5-9 (C) the name and quantity of the controlled
5-10 substance prescribed with the quantity shown numerically followed
5-11 by the number written as a word if the order is written or, if the
5-12 order is communicated orally or telephonically, with the quantity
5-13 given by the practitioner and transcribed by the pharmacist
5-14 numerically;
5-15 (D) directions for the use of the drug; [and]
5-16 [(E) the legibly printed or stamped name,
5-17 address, Federal Drug Enforcement Administration registration
5-18 number, and telephone number of the practitioner at the
5-19 practitioner's usual place of business.]
5-20 (E) the intended use of the drug unless the
5-21 practitioner determines the furnishing of this information is not
5-22 in the best interest of the patient; and
5-23 (F) the legibly printed or stamped name,
5-24 address, Federal Drug Enforcement Administration registration
5-25 number, and telephone number of the practitioner at the
5-26 practitioner's usual place of business[, legibly printed or
5-27 stamped].
6-1 (50) "Abuse unit" means:
6-2 (A) except as provided by Paragraph (B):
6-3 (i) a single unit on or in any adulterant,
6-4 dilutant, or similar carrier medium, including marked or perforated
6-5 blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
6-6 other medium that contains any amount of a controlled substance
6-7 listed in Penalty Group 1-A, if the unit is commonly used in abuse
6-8 of that substance; or
6-9 (ii) each quarter-inch square section of
6-10 paper, if the adulterant, dilutant, or carrier medium is paper not
6-11 marked or perforated into individual abuse units; or
6-12 (B) if the controlled substance is in liquid
6-13 form, 40 micrograms of the controlled substance including any
6-14 adulterant or dilutant.
6-15 SECTION 2. Subchapter B, Chapter 481, Health and Safety
6-16 Code, is amended to read as follows:
6-17 SUBCHAPTER B. SCHEDULES
6-18 Sec. 481.031. NOMENCLATURE. Controlled substances listed
6-19 in Schedules I through V and Penalty Groups 1 through 4 are
6-20 included by whatever official, common, usual, chemical, or trade
6-21 name they may be designated.
6-22 Sec. 481.032. SCHEDULES. (a) The commissioner shall
6-23 establish and modify the following schedules of controlled
6-24 substances under this subchapter: Schedule I, Schedule I-A,
6-25 Schedule II, Schedule III, Schedule IV, and Schedule V.
6-26 (b) A reference to a schedule in this chapter means the most
6-27 current version of the schedule established or altered by the
7-1 commissioner under this subchapter and published in the Texas
7-2 Register on or after January 1, 1998. [SCHEDULE I. (a) Schedule I
7-3 consists of:]
7-4 [(1) the following opiates, including their isomers,
7-5 esters, ethers, salts, and salts of isomers, esters, and ethers,
7-6 unless specifically excepted, if the existence of these isomers,
7-7 esters, ethers, and salts is possible within the specific chemical
7-8 designation:]
7-9 [Alfentanil;]
7-10 [Allylprodine;]
7-11 [Alpha-methylfentanyl or another derivative of
7-12 Fentanyl;]
7-13 [Benzethidine;]
7-14 [Betaprodine;]
7-15 [Clonitazene;]
7-16 [Diampromide;]
7-17 [Diethylthiambutene;]
7-18 [Difenoxin;]
7-19 [Dimenoxadol;]
7-20 [Dimethylthiambutene;]
7-21 [Dioxaphetyl butyrate;]
7-22 [Dipipanone;]
7-23 [Ethylmethylthiambutene;]
7-24 [Etonitazene;]
7-25 [Etoxeridine;]
7-26 [Furethidine;]
7-27 [Hydroxypethidine;]
8-1 [Ketobemidone;]
8-2 [Levophenacylmorphan;]
8-3 [Meprodine;]
8-4 [Methadol;]
8-5 [Moramide;]
8-6 [Morpheridine;]
8-7 [Noracymethadol;]
8-8 [Norlevorphanol;]
8-9 [Normethadone;]
8-10 [Norpipanone;]
8-11 [Phenadoxone;]
8-12 [Phenampromide;]
8-13 [Phencyclidine;]
8-14 [Phenomorphan;]
8-15 [Phenoperidine;]
8-16 [Piritramide;]
8-17 [Proheptazine;]
8-18 [Properidine;]
8-19 [Propiram;]
8-20 [Tilidine; and]
8-21 [Trimeperidine;]
8-22 [(2) the following opium derivatives, their salts,
8-23 isomers, and salts of isomers, unless specifically excepted, if the
8-24 existence of these salts, isomers, and salts of isomers is possible
8-25 within the specific chemical designation:]
8-26 [Acetorphine;]
8-27 [Acetyldihydrocodeine;]
9-1 [Benzylmorphine;]
9-2 [Codeine methylbromide;]
9-3 [Codeine-N-Oxide;]
9-4 [Cyprenorphine;]
9-5 [Desomorphine;]
9-6 [Dihydromorphine;]
9-7 [Drotebanol;]
9-8 [Etorphine (except hydrochloride salt);]
9-9 [Heroin;]
9-10 [Hydromorphinol;]
9-11 [Methyldesorphine;]
9-12 [Methyldihydromorphine;]
9-13 [Monoacetylmorphine;]
9-14 [Morphine methylbromide;]
9-15 [Morphine methylsulfonate;]
9-16 [Morphine-N-Oxide;]
9-17 [Myrophine;]
9-18 [Nicocodeine;]
9-19 [Nicomorphine;]
9-20 [Normorphine;]
9-21 [Pholcodine; and]
9-22 [Thebacon;]
9-23 [(3) unless specifically excepted or unless listed in
9-24 another schedule, a material, compound, mixture, or preparation
9-25 that contains any quantity of the following hallucinogenic
9-26 substances or that contains any of the substance's salts, isomers,
9-27 and salts of isomers if the existence of the salts, isomers, and
10-1 salts of isomers is possible within the specific chemical
10-2 designation:]
10-3 [4-bromo-2, 5-dimethoxyamphetamine (some trade or
10-4 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
10-5 4-bromo-2, 5-DMA);]
10-6 [2, 5-dimethoxyamphetamine (some trade or other
10-7 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);]
10-8 [5-methoxy-3, 4-methylenedioxy amphetamine;]
10-9 [4-methoxyamphetamine (some trade or other names:
10-10 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);]
10-11 [1-methyl-4-phenyl-1, 2, 5, 6-tetrahydro-pyridine
10-12 (MPTP);]
10-13 [1-methyl-4-phenyl-4-propionoxy-piperidine (MPPP,
10-14 PPMP);]
10-15 [4-methyl-2, 5-dimethoxyamphetamine (some trade
10-16 and other names: 4-methyl-2,
10-17 5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP");]
10-18 [3, 4-methylene-dioxy methamphetamine (MDMA,
10-19 MDM);]
10-20 [3, 4-methylenedioxy amphetamine;]
10-21 [3, 4, 5-trimethoxy amphetamine;]
10-22 [Bufotenine (some trade and other names:
10-23 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
10-24 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
10-25 5-hydroxy-N, N-dimethyltryptamine; mappine);]
10-26 [Diethyltryptamine (some trade and other names:
10-27 N, N-Diethyltryptamine, DET);]
11-1 [Dimethyltryptamine (some trade and other names:
11-2 DMT);]
11-3 [Ethylamine Analog of Phencyclidine (some trade
11-4 or other names: N-ethyl-1-phenylcyclohexylamine;
11-5 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine,
11-6 cyclohexamine, PCE);]
11-7 [Ibogaine (some trade or other names: 7-Ethyl-6,
11-8 6, beta, 7, 8, 9, 10, 12, 13,--octahydro-2-methoxy-6,
11-9 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
11-10 tabernanthe iboga);]
11-11 [Lysergic acid diethylamide;]
11-12 [Marihuana;]
11-13 [Mescaline;]
11-14 [N-ethyl-3-piperidyl benzilate;]
11-15 [N-methyl-3-piperidyl benzilate;]
11-16 [Parahexyl (some trade or other names:
11-17 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
11-18 9-tri-methyl-6H-dibenzo (b,d) pyran; Synhexyl);]
11-19 [Peyote, unless unharvested and growing in its
11-20 natural state, meaning all parts of the plant classified
11-21 botanically as Lophophora, whether growing or not, the seeds of the
11-22 plant, an extract from a part of the plant, and every compound,
11-23 manufacture, salt, derivative, mixture, or preparation of the
11-24 plant, its seeds, or extracts;]
11-25 [Psilocybin;]
11-26 [Psilocin;]
11-27 [Pyrrolidine Analog of Phencyclidine (some trade
12-1 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);]
12-2 [Synthetic equivalents of the substances
12-3 contained in the plant Cannabis, or in the resinous extractives of
12-4 that plant, and synthetic substances, derivatives, and their
12-5 isomers with similar chemical structure and pharmacological
12-6 activity such as:]
12-7 [delta-1 cis or trans tetrahydrocannabinol, and
12-8 their optical isomers;]
12-9 [delta-6 cis or trans tetrahydrocannabinol, and
12-10 their optical isomers;]
12-11 [delta-3, 4 cis or trans tetrahydrocannabinol,
12-12 and its optical isomers;]
12-13 [(Compounds of these structures, regardless of
12-14 numerical designation of atomic positions, since nomenclature of
12-15 these substances is not internationally standardized);]
12-16 [Tetrahydrocannabinols; and]
12-17 [Thiophene Analog of Phencyclidine (some trade or
12-18 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
12-19 Analog of Phencyclidine; TPCP);]
12-20 [(4) unless specifically excepted or unless listed in
12-21 another schedule, a material, compound, mixture, or preparation
12-22 that contains any quantity of the following substances having a
12-23 depressant or stimulant effect on the central nervous system,
12-24 including the substance's salts, isomers, and salts of isomers if
12-25 the existence of the salts, isomers, and salts of isomers is
12-26 possible within the specific chemical designation:]
12-27 [Fenethylline;]
13-1 [Mecloqualone;]
13-2 [Methaqualone;]
13-3 [N-ethylamphetamine; and]
13-4 [Nitrazepam; and]
13-5 [(5) temporary listing of substances subject to
13-6 emergency scheduling by the Federal Drug Enforcement
13-7 Administration, and any material, compound, mixture, or preparation
13-8 that contains any quantity of the following substances:]
13-9 [N, N-dimethylamphetamine (Some trade or other
13-10 names: N,N,alpha-trimethylbenzeneethaneamine;
13-11 N,N,alpha-trimethylphenethylamine; including its salts, optical
13-12 isomers, and salts of optical isomers);]
13-13 [4-methylaminorex;]
13-14 [3, 4-methylenedioxy N-ethylamphetamine (Also
13-15 known as N-ethyl MDA);]
13-16 [N-hydroxy-3,4-methylenedioxyamphetamine (Also
13-17 known as N-hydroxy MDA).]
13-18 [(b) For the purposes of Subsection (a)(3) only, the term
13-19 "isomer" includes optical, position, and geometric isomers.]
13-20 [Sec. 481.033. SCHEDULE II. Schedule II consists of:]
13-21 [(1) the following substances, however
13-22 produced, except those narcotic drugs listed in other schedules:]
13-23 [(A) Opium and opiate, and a salt, compound,
13-24 derivative, or preparation of opium or opiate, other than naloxone
13-25 and its salts and naltrexone and its salts, but including:]
13-26 [Codeine;]
13-27 [Ethylmorphine;]
14-1 [Etorphine hydrochloride;]
14-2 [Granulated opium;]
14-3 [Hydrocodone;]
14-4 [Hydromorphone;]
14-5 [Metopon;]
14-6 [Morphine;]
14-7 [Opium extracts;]
14-8 [Opium fluid extracts;]
14-9 [Oxycodone;]
14-10 [Oxymorphone;]
14-11 [Powdered opium;]
14-12 [Raw opium;]
14-13 [Thebaine; and]
14-14 [Tincture of opium;]
14-15 [(B) a salt, compound, isomer, derivative, or
14-16 preparation of a substance that is chemically equivalent or
14-17 identical to a substance described by Paragraph (A), other than the
14-18 isoquinoline alkaloids of opium;]
14-19 [(C) Opium poppy and poppy straw;]
14-20 [(D) Cocaine, including:]
14-21 [(i) its salts, its optical, position, and
14-22 geometric isomers, and the salts of those isomers; and]
14-23 [(ii) coca leaves and a salt, compound,
14-24 derivative, or preparation of coca leaves that is chemically
14-25 equivalent or identical to a substance described by this
14-26 subparagraph or Subparagraph (i), other than decocainized coca
14-27 leaves or extractions of coca leaves that do not contain cocaine or
15-1 ecgonine; and]
15-2 [(E) Concentrate of poppy straw, meaning the
15-3 crude extract of poppy straw in liquid, solid, or powder form that
15-4 contains the phenanthrine alkaloids of the opium poppy;]
15-5 [(2) the following opiates, including their isomers,
15-6 esters, ethers, salts, and salts of isomers, if the existence of
15-7 these isomers, esters, ethers, and salts is possible within the
15-8 specific chemical designation:]
15-9 [Alphaprodine;]
15-10 [Anileridine;]
15-11 [Bezitramide;]
15-12 [Dextropropoxyphene, bulk (nondosage form);]
15-13 [Dihydrocodeine;]
15-14 [Diphenoxylate;]
15-15 [Fentanyl;]
15-16 [Isomethadone;]
15-17 [Levomethorphan;]
15-18 [Levorphanol;]
15-19 [Metazocine;]
15-20 [Methadone;]
15-21 [Methadone-Intermediate,
15-22 4-cyano-2-dimethylamino-4, 4-diphenyl butane;]
15-23 [Moramide-Intermediate, 2-methyl-3-morpholino-1,
15-24 1-diphenyl-propane-carboxylic acid;]
15-25 [Pethidine;]
15-26 [Pethidine-Intermediate-A,
15-27 4-cyano-1-methyl-4-phenylpiperidine;]
16-1 [Pethidine-Intermediate-B,
16-2 ethyl-4-phenylpiperidine-4-carboxylate;]
16-3 [Pethidine-Intermediate-C,
16-4 1-methyl-4-phenylpiperidine-4-carboxylic acid;]
16-5 [Phenazocine;]
16-6 [Piminodine;]
16-7 [Racemethorphan;]
16-8 [Racemorphan; and]
16-9 [Sufentanil;]
16-10 [(3) unless listed in another schedule and except as
16-11 provided by Section 481.037, a material, compound, mixture, or
16-12 preparation that contains any quantity of the following substances
16-13 having a potential for abuse associated with a stimulant effect on
16-14 the central nervous system:]
16-15 [Amphetamine, its salts, optical isomers, and
16-16 salts of its optical isomers;]
16-17 [Methamphetamine, including its salts, optical
16-18 isomers, and salts of optical isomers;]
16-19 [Methylphenidate and its salts; and]
16-20 [Phenmetrazine and its salts;]
16-21 [(4) unless listed in another schedule, a material,
16-22 compound, mixture, or preparation that contains any quantity of the
16-23 following substances having a depressant effect on the central
16-24 nervous system, including the substance's salts, isomers, and
16-25 salts of isomers if the existence of the salts, isomers, and salts
16-26 of isomers is possible within the specific chemical designation:]
16-27 [Amobarbital;]
17-1 [Secobarbital; and]
17-2 [Pentobarbital;]
17-3 [(5) unless specifically excepted or listed in another
17-4 schedule, a material, compound, mixture, or preparation that
17-5 contains any quantity of the following substances:]
17-6 [Immediate precursor to methamphetamine:]
17-7 [Phenylacetone and methylamine if possessed
17-8 together with intent to manufacture methamphetamine;]
17-9 [Immediate precursor to amphetamine and
17-10 methamphetamine:]
17-11 [Phenylacetone (some trade or other names:
17-12 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
17-13 ketone); and]
17-14 [Immediate precursors to phencyclidine (PCP):]
17-15 [1-phenylcyclohexylamine; and]
17-16 [1-piperidinocyclohexanecarbonitrile (PCC).]
17-17 [Sec. 481.034. SCHEDULE III. Schedule III consists of:]
17-18 [(1) unless listed in another schedule and except as
17-19 provided by Section 481.037, a material, compound, mixture, or
17-20 preparation that contains any quantity of the following substances
17-21 having a potential for abuse associated with a depressant effect on
17-22 the central nervous system:]
17-23 [a compound, mixture, or preparation containing
17-24 amobarbital, secobarbital, pentobarbital, or any of their salts and
17-25 one or more active medicinal ingredients that are not listed in a
17-26 schedule;]
17-27 [a suppository dosage form containing
18-1 amobarbital, secobarbital, pentobarbital, or any of their salts
18-2 and approved by the Food and Drug Administration for marketing only
18-3 as a suppository;]
18-4 [a substance that contains any quantity of a
18-5 derivative of barbituric acid, or any salt of a derivative of
18-6 barbituric acid, except those substances that are specifically
18-7 listed in other schedules;]
18-8 [Chlorhexadol;]
18-9 [Glutethimide;]
18-10 [Lysergic acid;]
18-11 [Lysergic acid amide;]
18-12 [Methyprylon;]
18-13 [Sulfondiethylmethane;]
18-14 [Sulfonethylmethane; and]
18-15 [Sulfonmethane;]
18-16 [(2) Nalorphine;]
18-17 [(3) a material, compound, mixture, or preparation
18-18 containing limited quantities of any of the following narcotic
18-19 drugs, or any of their salts:]
18-20 [not more than 1.8 grams of codeine, or any of
18-21 its salts, per 100 milliliters or not more than 90 milligrams per
18-22 dosage unit, with an equal or greater quantity of an isoquinoline
18-23 alkaloid of opium;]
18-24 [not more than 1.8 grams of codeine, or any of
18-25 its salts, per 100 milliliters or not more than 90 milligrams per
18-26 dosage unit, with one or more active, nonnarcotic ingredients in
18-27 recognized therapeutic amounts;]
19-1 [not more than 300 milligrams of
19-2 dihydrocodeinone, or any of its salts, per 100 milliliters or not
19-3 more than 15 milligrams per dosage unit, with a fourfold or greater
19-4 quantity of an isoquinoline alkaloid of opium;]
19-5 [not more than 300 milligrams of
19-6 dihydrocodeinone, or any of its salts, per 100 milliliters or not
19-7 more than 15 milligrams per dosage unit, with one or more active,
19-8 nonnarcotic ingredients in recognized therapeutic amounts;]
19-9 [not more than 1.8 grams of dihydrocodeine, or
19-10 any of its salts, per 100 milliliters or not more than 90
19-11 milligrams per dosage unit, with one or more active, nonnarcotic
19-12 ingredients in recognized therapeutic amounts;]
19-13 [not more than 300 milligrams of ethylmorphine,
19-14 or any of its salts, per 100 milliliters or not more than 15
19-15 milligrams per dosage unit, with one or more ingredients in
19-16 recognized therapeutic amounts;]
19-17 [not more than 500 milligrams of opium per 100
19-18 milliliters or per 100 grams, or not more than 25 milligrams per
19-19 dosage unit, with one or more active, nonnarcotic ingredients in
19-20 recognized therapeutic amounts;]
19-21 [not more than 50 milligrams of morphine, or any
19-22 of its salts, per 100 milliliters or per 100 grams with one or more
19-23 active, nonnarcotic ingredients in recognized therapeutic amounts;
19-24 and]
19-25 [(4) unless listed in another schedule, a material,
19-26 compound, mixture, or preparation that contains any quantity of
19-27 the following substances having a stimulant effect on the central
20-1 nervous system, including the substance's salts, optical,
20-2 position, or geometric isomers, and salts of the substance's
20-3 isomers, if the existence of the salts, isomers, and salts of
20-4 isomers is possible within the specific chemical designation:]
20-5 [Benzphetamine;]
20-6 [Chlorphentermine;]
20-7 [Clortermine; and]
20-8 [Phendimetrazine.]
20-9 [Sec. 481.035. SCHEDULE IV. Schedule IV consists of:]
20-10 [(1) except as provided by Section 481.037, a
20-11 material, compound, mixture, or preparation that contains any
20-12 quantity of the following substances having a potential for abuse
20-13 associated with a depressant effect on the central nervous system:]
20-14 [Alprazolam;]
20-15 [Barbital;]
20-16 [Chloral betaine;]
20-17 [Chloral hydrate;]
20-18 [Chlordiazepoxide;]
20-19 [Clonazepam;]
20-20 [Clorazepate;]
20-21 [Diazepam;]
20-22 [Ethchlorvynol;]
20-23 [Ethinamate;]
20-24 [Flurazepam;]
20-25 [Halazepam;]
20-26 [Lorazepam;]
20-27 [Mebutamate;]
21-1 [Meprobamate;]
21-2 [Methohexital;]
21-3 [Methylphenobarbital;]
21-4 [Oxazepam;]
21-5 [Paraldehyde;]
21-6 [Pentazocine, its salts, derivatives, compounds,
21-7 or mixtures;]
21-8 [Petrichloral;]
21-9 [Phenobarbital;]
21-10 [Prazepam;]
21-11 [Temazepam; and]
21-12 [Triazolam;]
21-13 [(2) unless listed in another schedule, a material,
21-14 compound, mixture, or preparation that contains any quantity of the
21-15 following substances having a stimulant effect on the central
21-16 nervous system, including the substance's salts, optical, position,
21-17 or geometric isomers, and salts of those isomers if the existence
21-18 of the salts, isomers, and salts of isomers is possible within the
21-19 specific designation:]
21-20 [Diethylpropion;]
21-21 [Fenfluramine;]
21-22 [Mazindol;]
21-23 [Pemoline (including organometallic complexes and
21-24 their chelates);]
21-25 [Phentermine;]
21-26 [Pipradol; and]
21-27 [SPA ((-)-1-dimethyamino-1, 2-diphenylethane);]
22-1 [(3) unless specifically excepted or unless listed in
22-2 another schedule, a material, compound, mixture, or preparation
22-3 that contains any quantity of the following substances, including
22-4 the substance's salts:]
22-5 [Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
22-6 2-diphenyl-3-methyl-2-propionoxybutane);]
22-7 [(4) unless specifically excepted or unless listed in
22-8 another schedule, a material, compound, mixture, or preparation
22-9 containing limited quantities of the following narcotic drug or its
22-10 salts:]
22-11 [not more than 1 milligram of difenoxin and not
22-12 less than 25 micrograms of atropine sulfate per dosage unit; and]
22-13 [(5) any human growth hormone or any of the following
22-14 anabolic steroids, or any isomer, ester, salt, or derivative of
22-15 the following that acts in the same manner on the human body:]
22-16 [Clostebol;]
22-17 [Dehydrochlormethyltestosterone;]
22-18 [Ethylestrenol;]
22-19 [Fluoxymesterone;]
22-20 [Mesterolone;]
22-21 [Methandienone;]
22-22 [Methandrostenolone;]
22-23 [Methenolone;]
22-24 [Methyltestosterone;]
22-25 [Nandrolone;]
22-26 [Norethandrolone;]
22-27 [Oxandrolone;]
23-1 [Oxymesterone;]
23-2 [Oxymetholone;]
23-3 [Stanozolol; and]
23-4 [Testosterone.]
23-5 [Sec. 481.036. SCHEDULE V. Schedule V consists of a
23-6 controlled substance that is a compound, mixture, or preparation
23-7 containing limited quantities of any of the following narcotic
23-8 drugs that also contain one or more nonnarcotic active medicinal
23-9 ingredients in sufficient proportion to confer on the compound,
23-10 mixture, or preparation valuable medicinal qualities other than
23-11 those possessed by the narcotic drug alone:]
23-12 [(1) not more than 200 milligrams of codeine, or any
23-13 of its salts, per 100 milliliters or per 100 grams;]
23-14 [(2) not more than 100 milligrams of dihydrocodeine,
23-15 or any of its salts, per 100 milliliters or per 100 grams;]
23-16 [(3) not more than 100 milligrams of ethylmorphine,
23-17 or any of its salts, per 100 milliliters or per 100 grams;]
23-18 [(4) not more than 2.5 milligrams of diphenoxylate and
23-19 not less than 25 micrograms of atropine sulfate per dosage unit;]
23-20 [(5) not more than 15 milligrams of opium per 29.5729
23-21 milliliters or per 28.35 grams; and]
23-22 [(6) not more than 0.5 milligrams of difenoxin and not
23-23 less than 25 micrograms of atropine sulfate per dosage unit.]
23-24 Sec. 481.033 [481.037]. EXCLUSION FROM SCHEDULES AND
23-25 APPLICATION OF ACT. (a) A nonnarcotic substance is excluded from
23-26 Schedules I through V if the substance may lawfully be sold over
23-27 the counter without a prescription, under the Federal Food, Drug,
24-1 and Cosmetic Act (21 U.S.C. Section 301 et seq.).
24-2 (b) The commissioner may not include in the schedules:
24-3 (1) a substance described by Subsection (a); or
24-4 (2) distilled spirits, wine, malt beverages, or
24-5 tobacco.
24-6 (c) A compound, mixture, or preparation containing a
24-7 stimulant substance listed in Schedule II and having a potential
24-8 for abuse associated with a stimulant effect on the central nervous
24-9 system [Section 481.033(3)] is excepted from the application of
24-10 this chapter if the compound, mixture, or preparation contains one
24-11 or more active medicinal ingredients not having a stimulant effect
24-12 on the central nervous system and if the admixtures are included in
24-13 combinations, quantity, proportions, or concentrations that vitiate
24-14 the potential for abuse of the substance having a stimulant effect
24-15 on the central nervous system.
24-16 (d) A compound, mixture, or preparation containing a
24-17 depressant substance listed in Schedule III or IV and having a
24-18 potential for abuse associated with a depressant effect on the
24-19 central nervous system [Section 481.034(1) or 481.035(1)] is
24-20 excepted from the application of this chapter if the compound,
24-21 mixture, or preparation contains one or more active medicinal
24-22 ingredients not having a depressant effect on the central nervous
24-23 system and if the admixtures are included in combinations,
24-24 quantity, proportions, or concentrations that vitiate the
24-25 potential for abuse of the substance having a depressant effect on
24-26 the central nervous system.
24-27 (e) A nonnarcotic prescription substance is exempted from
25-1 Schedules I through V and the application of this chapter to the
25-2 same extent that the substance has been exempted from the
25-3 application of the Federal Controlled Substances Act, if the
25-4 substance is listed as an exempt prescription product under 21
25-5 C.F.R. Section 1308.32 and its subsequent amendments.
25-6 (f) A chemical substance that is intended for laboratory,
25-7 industrial, educational, or special research purposes and not for
25-8 general administration to a human being or other animal is exempted
25-9 from Schedules I through V and the application of this chapter to
25-10 the same extent that the substance has been exempted from the
25-11 application of the Federal Controlled Substances Act, if the
25-12 substance is listed as an exempt chemical preparation under 21
25-13 C.F.R. Section 1308.24 and its subsequent amendments.
25-14 (g) An anabolic steroid product, which has no significant
25-15 potential for abuse due to concentration, preparation, mixture, or
25-16 delivery system, is exempted from Schedules I through V and the
25-17 application of this chapter to the same extent that the substance
25-18 has been exempted from the application of the Federal Controlled
25-19 Substances Act, if the substance is listed as an exempt anabolic
25-20 steroid product under 21 C.F.R. Section 1308.34 and its subsequent
25-21 amendments.
25-22 Sec. 481.034 [481.038]. ESTABLISHMENT AND MODIFICATION
25-23 [ALTERATION] OF SCHEDULES BY COMMISSIONER. (a) The commissioner
25-24 shall establish schedules of controlled [, with the approval of the
25-25 Texas Board of Health, may add] substances as described by Section
25-26 481.032 [to Schedules I through V] and may add, delete, or
25-27 reschedule substances listed in those schedules. The commissioner
26-1 shall assign a controlled substance to a schedule:
26-2 (1) in accordance with [subject to] Section 481.035;
26-3 and
26-4 (2) in a manner consistent with this subchapter
26-5 [481.039].
26-6 (b) Except for alterations in schedules required by
26-7 Subsection (g), the commissioner may not make an alteration in a
26-8 schedule unless the commissioner holds a public hearing on the
26-9 matter in Austin.
26-10 (c) The commissioner may not:
26-11 (1) add a substance to the schedules if[:]
26-12 [(1)] the substance has been deleted from the
26-13 schedules by the legislature; [or]
26-14 (2) delete a substance from the schedules if the
26-15 substance has been added to the schedules by the legislature; or
26-16 (3) reschedule a substance if the substance has been
26-17 placed in a schedule by the legislature [legislation attempting to
26-18 add the substance to the schedules has failed to pass when
26-19 considered by a quorum of either house of the legislature].
26-20 (d) In making a determination regarding a substance, the
26-21 commissioner shall consider:
26-22 (1) the actual or relative potential for its abuse;
26-23 (2) the scientific evidence of its pharmacological
26-24 effect, if known;
26-25 (3) the state of current scientific knowledge
26-26 regarding the substance;
26-27 (4) the history and current pattern of its abuse;
27-1 (5) the scope, duration, and significance of its
27-2 abuse;
27-3 (6) the risk to the public health;
27-4 (7) the potential of the substance to produce
27-5 psychological or physiological dependence liability; and
27-6 (8) whether the substance is an immediate precursor of
27-7 a substance already controlled under this chapter.
27-8 (e) After considering the factors listed in Subsection (d),
27-9 the commissioner shall make findings with respect to those factors
27-10 and adopt a rule controlling the substance if the commissioner
27-11 finds the substance has a potential for abuse.
27-12 (f) If the commissioner designates a substance as an
27-13 immediate precursor, a substance that is a precursor of the
27-14 controlled precursor is not subject to control solely because it
27-15 is a precursor of the controlled precursor.
27-16 (g) Except as otherwise provided by this subsection, if a
27-17 substance is designated, rescheduled, or deleted as a controlled
27-18 substance under federal law and notice of that fact is given to
27-19 the commissioner, the commissioner similarly shall control the
27-20 substance under this chapter. After the expiration of a 30-day
27-21 period beginning on the day after the date of publication in the
27-22 Federal Register of a final order designating a substance as a
27-23 controlled substance or rescheduling or deleting a substance, the
27-24 commissioner similarly shall designate, reschedule, or delete the
27-25 substance, unless the commissioner objects during the period. If
27-26 the commissioner objects, the commissioner shall publish the
27-27 reasons for the objection and give all interested parties an
28-1 opportunity to be heard. At the conclusion of the hearing, the
28-2 commissioner shall publish a decision, which is final unless
28-3 altered by statute. On publication of an objection by the
28-4 commissioner, control as to that particular substance under this
28-5 chapter is stayed until the commissioner publishes the
28-6 commissioner's decision.
28-7 (h) Not later than the 10th day after the date on which the
28-8 commissioner designates [adds], deletes, or reschedules a substance
28-9 under Subsection (a), the commissioner shall give written notice of
28-10 that action to the director and to each state licensing agency
28-11 having jurisdiction over practitioners.
28-12 Sec. 481.035 [481.039]. FINDINGS. (a) The commissioner
28-13 shall place a substance in Schedule I if the commissioner finds
28-14 that the substance:
28-15 (1) has a high potential for abuse; and
28-16 (2) has no accepted medical use in treatment in the
28-17 United States or lacks accepted safety for use in treatment under
28-18 medical supervision.
28-19 (b) The commissioner shall place a substance in Schedule II
28-20 if the commissioner finds that:
28-21 (1) the substance has a high potential for abuse;
28-22 (2) the substance has currently accepted medical use
28-23 in treatment in the United States; and
28-24 (3) abuse of the substance may lead to severe
28-25 psychological or physical dependence.
28-26 (c) The commissioner shall place a substance in Schedule III
28-27 if the commissioner finds that:
29-1 (1) the substance has a potential for abuse less than
29-2 that of the substances listed in Schedules I and II;
29-3 (2) the substance has currently accepted medical use
29-4 in treatment in the United States; and
29-5 (3) abuse of the substance may lead to moderate or low
29-6 physical dependence or high psychological dependence.
29-7 (d) The commissioner shall place a substance in Schedule IV
29-8 if the commissioner finds that:
29-9 (1) the substance has a lower potential for abuse than
29-10 that of the substances listed in Schedule III;
29-11 (2) the substance has currently accepted medical use
29-12 in treatment in the United States; and
29-13 (3) abuse of the substance may lead to a more limited
29-14 physical or psychological dependence than that of the substances
29-15 listed in Schedule III.
29-16 (e) The commissioner shall place a substance in Schedule V
29-17 if the commissioner finds that the substance:
29-18 (1) has a lower potential for abuse than that of the
29-19 substances listed in Schedule IV;
29-20 (2) has currently accepted medical use in treatment in
29-21 the United States; and
29-22 (3) may lead to a more limited physical or
29-23 psychological dependence liability than that of the substances
29-24 listed in Schedule IV.
29-25 Sec. 481.036 [481.040]. PUBLICATION OF SCHEDULES. (a) The
29-26 commissioner shall publish the schedules [annually] by filing a
29-27 certified copy of the schedules with the secretary of state for
30-1 publication in the Texas Register not later than the fifth working
30-2 day after the date the commissioner takes action under this
30-3 subchapter.
30-4 (b) Each published schedule must show changes, if any, made
30-5 in the schedule since its latest publication.
30-6 (c) An action by the commissioner that establishes or
30-7 modifies a schedule under this subchapter may take effect not
30-8 earlier than the 21st day after the date on which the schedule or
30-9 modification is published in the Texas Register unless an
30-10 emergency exists that necessitates earlier action to avoid an
30-11 imminent hazard to the public safety.
30-12 SECTION 3. Section 481.061(a), Health and Safety Code, is
30-13 amended to read as follows:
30-14 (a) Except as otherwise provided by this chapter, a [A]
30-15 person who is not a registrant may not manufacture, distribute,
30-16 prescribe, possess, analyze, or dispense a controlled substance in
30-17 this state [without a registration issued under this subchapter].
30-18 SECTION 4. Section 481.062(a), Health and Safety Code, is
30-19 amended to read as follows:
30-20 (a) The following persons are not required to register and
30-21 may possess a controlled substance under this chapter:
30-22 (1) an agent or employee of a registered manufacturer,
30-23 distributor, analyzer, or dispenser of the controlled substance
30-24 acting in the usual course of business or employment;
30-25 (2) a common or contract carrier, a warehouseman, or
30-26 an employee of a carrier or warehouseman whose possession of the
30-27 controlled substance is in the usual course of business or
31-1 employment;
31-2 (3) an ultimate user or a person in possession of the
31-3 controlled substance under a lawful order of a practitioner or in
31-4 lawful possession of the controlled substance if it is listed in
31-5 Schedule V;
31-6 (4) an officer or employee of this state, another
31-7 state, or the United States who is lawfully engaged in the
31-8 enforcement of a law relating to a controlled substance or drug or
31-9 to a customs law and authorized to possess the controlled substance
31-10 in the discharge of the person's official duties; or
31-11 (5) [(4)] if the substance is tetrahydrocannabinol or
31-12 one of its derivatives:
31-13 (A) a Texas Department of Health official, a
31-14 medical school researcher, or a research program participant
31-15 possessing the substance as authorized under Subchapter G; or
31-16 (B) a practitioner or an ultimate user
31-17 possessing the substance as a participant in a federally approved
31-18 therapeutic research program that the commissioner has reviewed
31-19 and found, in writing, to contain a medically responsible research
31-20 protocol.
31-21 SECTION 5. Sections 481.0621(a) and (c), Health and Safety
31-22 Code, are amended to read as follows:
31-23 (a) This subchapter does not apply to an educational or
31-24 research program of [a private school,] a school district[,] or a
31-25 public or private institution of higher education. This subchapter
31-26 does not apply to a manufacturer, wholesaler, retailer, or other
31-27 person who sells, transfers, or furnishes materials covered by this
32-1 subchapter to those educational or research programs.
32-2 (c) The department and the Texas [Central] Education Agency
32-3 shall adopt a memorandum of understanding that establishes the
32-4 responsibilities of the agency, the department, [private schools,]
32-5 and school districts in implementing and maintaining a program for
32-6 reporting information concerning controlled substances, controlled
32-7 substance analogues, chemical precursors, and chemical laboratory
32-8 apparatus used in educational or research activities of those
32-9 schools and school districts.
32-10 SECTION 6. Sections 481.063(a), (e), (f), and (g), Health
32-11 and Safety Code, are amended to read as follows:
32-12 (a) The director may refuse to [not] issue a registration to
32-13 a person to manufacture, distribute, analyze, or conduct research
32-14 with a controlled substance if the person fails or refuses to
32-15 provide to [unless] the director [receives] a consent form signed
32-16 by the person granting the director the right to inspect the
32-17 person's controlled premises and any record, controlled substance,
32-18 or other item covered by this chapter.
32-19 (e) An application for registration to manufacture,
32-20 distribute, analyze, [or] dispense, or conduct research with a
32-21 controlled substance may be denied on a finding that the applicant:
32-22 (1) has furnished [false or fraudulent] material
32-23 information in an application filed under this chapter that the
32-24 applicant knows is false or fraudulent;
32-25 (2) has been convicted of or placed on community
32-26 supervision or other probation for:
32-27 (A) a felony;
33-1 (B) a violation of this chapter or of Chapters
33-2 482-485; or
33-3 (C) an offense reasonably related to the
33-4 registration sought;
33-5 (3) has voluntarily surrendered or has had suspended,
33-6 denied, or revoked a registration or application for registration
33-7 to manufacture, distribute, analyze, or dispense controlled
33-8 substances under the Federal Controlled Substances Act;
33-9 (4) has had suspended, probated, or revoked a
33-10 registration or a practitioner's license under the laws of this
33-11 state or another state;
33-12 (5) has intentionally or knowingly failed to establish
33-13 and maintain effective security controls against diversion of
33-14 controlled substances into other than legitimate medical,
33-15 scientific, or industrial channels as provided by federal
33-16 regulations or laws, this chapter, or a rule adopted under this
33-17 chapter;
33-18 (6) has intentionally or knowingly [wilfully] failed
33-19 to maintain records required to be kept by this chapter or a rule
33-20 adopted under this chapter;
33-21 (7) [or] has [wilfully or unreasonably] refused to
33-22 allow an inspection authorized by this chapter or a rule adopted
33-23 under this chapter; [or]
33-24 (8) [(7)] has intentionally or knowingly violated this
33-25 chapter or a rule adopted under this chapter; or
33-26 (9) has voluntarily surrendered a registration that
33-27 has not been reinstated.
34-1 (f) The director may inspect the premises or establishment
34-2 of an applicant for registration in accordance with this chapter.
34-3 (g) A registration is valid until the first anniversary of
34-4 the date of issuance and may [must] be renewed [obtained] annually
34-5 under rules adopted by the director, unless a rule provides for a
34-6 longer period of validity or renewal.
34-7 SECTION 7. Section 481.066, Health and Safety Code, is
34-8 amended to read as follows:
34-9 Sec. 481.066. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION,
34-10 PROBATION, OR REVOCATION OF REGISTRATION. (a) The director [A
34-11 district court] may accept a voluntary surrender of a registration.
34-12 (b) The director may cancel, suspend, or revoke a
34-13 registration, place on probation a person whose license has been
34-14 suspended, or reprimand a registrant for a cause described by
34-15 Section 481.063(e).
34-16 (c) The director may cancel a registration that was issued
34-17 in error.
34-18 (d) The director [The attorney representing the state in
34-19 district court or the attorney general shall file and prosecute
34-20 appropriate judicial proceedings for the suspension or revocation
34-21 of a registrant's registration on presentation of competent
34-22 evidence by the director. A proceeding under this section may be
34-23 maintained in:]
34-24 [(1) the registrant's county of residence;]
34-25 [(2) the county in which the registrant maintains a
34-26 place of business or practice;]
34-27 [(3) the county in which a wrongful act under Section
35-1 481.063(e) was committed; or]
35-2 [(4) Travis County.]
35-3 [(b) A petition for the suspension or revocation of a
35-4 registration is sufficient if it substantially complies with the
35-5 following requirements:]
35-6 [(1) the petitioner must be "The State of Texas";]
35-7 [(2) the petition must be directed to the registrant
35-8 whose license is sought to be suspended or revoked;]
35-9 [(3) the petition must contain a short statement of
35-10 the cause of action sufficient to give notice of the grounds on
35-11 which suspension or revocation of the registration is sought;]
35-12 [(4) the petition must ask for a suspension or
35-13 revocation of the registration; and]
35-14 [(5) the petition must be verified by the director.]
35-15 [(c) A court that suspends or revokes a registration] may
35-16 limit the cancellation, suspension, probation, or revocation to the
35-17 particular schedule or controlled substance within a schedule for
35-18 which grounds for cancellation, suspension, probation, or
35-19 revocation exist.
35-20 (e) After accepting the voluntary surrender of a
35-21 registration or ordering the cancellation, suspension, probation,
35-22 or revocation of a registration, the director may seize or [(d) If
35-23 a registration is suspended or revoked, at the time of suspension
35-24 or the effective date of the revocation order the court may] place
35-25 under seal all controlled substances owned or possessed by the
35-26 registrant under the authority of that registration. If the
35-27 director orders the cancellation, suspension, probation, or
36-1 revocation of a registration, a [A] disposition may not be made of
36-2 the seized or sealed substances [under seal] until the time for
36-3 administrative appeal of the order has elapsed or until all appeals
36-4 have been concluded, except that the director [on an application
36-5 the court] may order the sale of perishable substances and deposit
36-6 of the proceeds of the sale in a special interest-bearing account
36-7 in the general revenue fund [with the court]. When a surrender or
36-8 cancellation, suspension, probation, or revocation order becomes
36-9 final, all controlled substances may be forfeited to the state as
36-10 provided under Subchapter E [Section 481.157].
36-11 (f) [(e)] The operation of a registrant in violation of this
36-12 section is a public nuisance, and the director may apply to any
36-13 court of competent jurisdiction for an injunction suspending the
36-14 registration of the registrant.
36-15 (g) Chapter 2001, Government Code, applies to a proceeding
36-16 [(f) The Rules of Civil Procedure govern proceedings] under this
36-17 section to the extent that that chapter does [they do] not conflict
36-18 with this subchapter [section].
36-19 (h) [(g)] The director shall promptly notify appropriate
36-20 state agencies of an order accepting a voluntary surrender or
36-21 canceling, suspending, probating, or revoking a registration and
36-22 the forfeiture of controlled substances.
36-23 (i) The director shall give written notice to the applicant
36-24 or registrant of the acceptance of a voluntary surrender of a
36-25 registration, or of the cancellation, suspension, probation,
36-26 revocation, or denial of a registration. The notice shall be sent
36-27 by registered mail, return receipt requested, to the most current
37-1 address of the applicant or registrant contained in the files of
37-2 the Department of Public Safety.
37-3 (j) After a voluntary surrender, cancellation, suspension,
37-4 probation, revocation, or denial of a registration, on petition of
37-5 the applicant or former registrant, the director may issue or
37-6 reinstate the registration for good cause shown by the petitioner.
37-7 SECTION 8. Sections 481.071(b) and (c), Health and Safety
37-8 Code, are amended to read as follows:
37-9 (b) An anabolic steroid or human growth hormone listed in
37-10 Schedule III [Section 481.035] may only be:
37-11 (1) dispensed, prescribed, delivered, or administered
37-12 by a practitioner, as defined by Section 481.002(39)(A), for a
37-13 valid medical purpose and in the course of professional practice;
37-14 or
37-15 (2) dispensed or delivered by a pharmacist according
37-16 to a prescription issued by a practitioner, as defined by Section
37-17 481.002(39)(A) or (C), for a valid medical purpose and in the
37-18 course of professional practice.
37-19 (c) For the purposes of Subsection (b), bodybuilding, muscle
37-20 enhancement, or increasing muscle bulk or strength through the use
37-21 of an anabolic steroid or human growth hormone listed in Schedule
37-22 III [Section 481.035] by a person who is in good health is not a
37-23 valid medical purpose.
37-24 SECTION 9. Sections 481.074(h), (i), and (k), Health and
37-25 Safety Code, are amended to read as follows:
37-26 (h) A pharmacist may dispense a controlled substance listed
37-27 in Schedule III, IV, or V under an original written prescription
38-1 issued by a practitioner defined by Section 481.002(39)(C)
38-2 [481.002(38)(C)] and only if the pharmacist determines that the
38-3 prescription was issued for a valid medical purpose and in the
38-4 course of professional practice. A prescription issued under this
38-5 subsection may not be filled or refilled later than six months
38-6 after the date the prescription is issued, and a prescription
38-7 authorized to be refilled on the original prescription may not be
38-8 refilled more than five times.
38-9 (i) A person may not dispense a controlled substance listed
38-10 in Schedule V and containing 200 milligrams or less of codeine, or
38-11 any of its salts, per 100 milliliters or per 100 grams, or
38-12 containing 100 milligrams or less of dihydrocodeine, or any of its
38-13 salts, per 100 milliliters or per 100 grams, [Section 481.036(1) or
38-14 (2)] without the prescription of a practitioner defined by Section
38-15 481.002(39)(A), except that a practitioner may dispense the
38-16 substance directly to an ultimate user. A prescription issued
38-17 under this subsection may not be filled or refilled later than six
38-18 months after the date the prescription is issued and may not be
38-19 refilled more than five times, unless the prescription is renewed
38-20 by the practitioner.
38-21 (k) A prescription for a controlled substance must show:
38-22 (1) the quantity of the substance prescribed:
38-23 (A) numerically, followed by the number written
38-24 as a word, if the prescription is written; or
38-25 (B) if the prescription is communicated orally
38-26 or telephonically, as transcribed by the receiving pharmacist;
38-27 (2) the date of issue;
39-1 (3) the name and address of the patient or, if the
39-2 controlled substance is prescribed for an animal, the species of
39-3 the animal and the name and address of its owner;
39-4 (4) the name and strength of the controlled substance
39-5 prescribed;
39-6 (5) the directions for use of the controlled
39-7 substance;
39-8 [(6) the legibly stamped or printed name, address,
39-9 Federal Drug Enforcement Administration registration number, and
39-10 telephone number of the practitioner at the practitioner's usual
39-11 place of business.]
39-12 (6) the intended use of the substance prescribed
39-13 [drug] unless the practitioner determines the furnishing of this
39-14 information is not in the best interest of the patient; and
39-15 (7) the legibly printed or stamped name, address,
39-16 Federal Drug Enforcement Administration registration number, and
39-17 telephone number of the practitioner at the practitioner's usual
39-18 place of business[, legibly printed or stamped].
39-19 SECTION 10. Sections 481.077(a), (b), (c), (k), and (l),
39-20 Health and Safety Code, are amended to read as follows:
39-21 (a) Except as provided by Subsection (l), a person who
39-22 sells, transfers, or otherwise furnishes any of the following
39-23 precursor substances to a person shall make an accurate and
39-24 legible record of the transaction and maintain the record for at
39-25 least two years after the date of the transaction:
39-26 (1) Methylamine;
39-27 (2) Ethylamine;
40-1 (3) D-lysergic acid;
40-2 (4) Ergotamine tartrate;
40-3 (5) Diethyl malonate;
40-4 (6) Malonic acid;
40-5 (7) Ethyl malonate;
40-6 (8) Barbituric acid;
40-7 (9) Piperidine;
40-8 (10) N-acetylanthranilic acid;
40-9 (11) Pyrrolidine;
40-10 (12) Phenylacetic acid;
40-11 (13) Anthranilic acid;
40-12 (14) [Morpholine;]
40-13 [(15)] Ephedrine;
40-14 (15) [(16)] Pseudoephedrine;
40-15 (16) Norpseudoephedrine [or norpseudoephedrine]; or
40-16 (17) Phenylpropanolamine.
40-17 (b) The director by rule may:
40-18 (1) name an additional chemical substance as a
40-19 precursor [substances as precursors] for purposes of Subsection
40-20 (a) if the director determines that public health and welfare are
40-21 jeopardized by evidenced proliferation or use of the [a chemical]
40-22 substance [used] in the illicit manufacture of a controlled
40-23 substance or controlled substance analogue; or
40-24 (2) [. The director by rule may] delete a substance
40-25 listed in [named as a precursor for purposes of] Subsection (a) if
40-26 the director determines that the substance does not jeopardize
40-27 public health and welfare or is not used in the illicit manufacture
41-1 of a controlled substance or a controlled substance analogue.
41-2 (c) This section and Section 481.078 do not apply to a
41-3 person to whom a registration has been issued under Section 481.063
41-4 [The Department of Public Safety shall file with the secretary of
41-5 state a certified copy of a rule adopted under this section].
41-6 (k) Unless the person is the holder of only a permit issued
41-7 under Section 481.078(b)(1), a [A] manufacturer, wholesaler,
41-8 retailer, or other person who sells, transfers, or otherwise
41-9 furnishes any substance subject to Subsection (a) or a permit
41-10 holder, commercial purchaser, or other person who receives a
41-11 substance governed by Subsection (a):
41-12 (1) shall maintain records and inventories in
41-13 accordance with rules established by the director;
41-14 (2) [and] shall allow a member of the Department of
41-15 Public Safety or a peace officer to conduct audits and inspect
41-16 records of purchases and sales and all other records made in
41-17 accordance with this section at any reasonable time; and
41-18 (3) may not interfere with the audit or with the full
41-19 and complete inspection or copying of those records [. This
41-20 subsection does not apply to a recipient who has obtained a
41-21 precursor substance subject to Subsection (a) and who is a permit
41-22 holder under Section 481.078].
41-23 (l) This section does not apply to the sale or transfer of a
41-24 nonnarcotic product that includes a precursor substance subject to
41-25 Subsection (a) if the sale or transfer complies with federal law
41-26 and involves a product that may be sold lawfully with a
41-27 prescription or over the counter without a prescription under the
42-1 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
42-2 seq.) or a rule adopted under that Act.
42-3 SECTION 11. Section 481.078, Health and Safety Code, is
42-4 amended by amending Subsections (b) and (e) and adding Subsection
42-5 (f) to read as follows:
42-6 (b) The director [Department of Public Safety] by rule shall
42-7 adopt [develop] procedures and standards for the issuance and
42-8 renewal or the voluntary surrender, cancellation, suspension,
42-9 probation, or revocation of:
42-10 (1) a permit for one sale, transfer, receipt, or
42-11 otherwise furnishing of a controlled substance precursor; or
42-12 (2) a permit for more than one sale, transfer,
42-13 receipt, or otherwise furnishing of a controlled substance
42-14 precursor.
42-15 (e) The director may not issue a permit under this section
42-16 unless the person applying for the permit delivers to the director
42-17 a written consent to inspect signed by the person that grants to
42-18 the director the right to inspect any controlled premises, record,
42-19 chemical precursor, or other item governed by this chapter in the
42-20 care, custody, or control of the person. After the director
42-21 receives the consent, the director may inspect any controlled
42-22 premises, record, chemical precursor, or other item to which the
42-23 consent applies.
42-24 (f) The director may adopt rules to establish security
42-25 controls and provide for the inspection of a place, entity, or item
42-26 to which a chemical precursor transfer permit applies.
42-27 [Department of Public Safety shall file with the secretary of state
43-1 a certified copy of a rule adopted under this section.]
43-2 SECTION 12. Sections 481.080(a), (d), (e), and (m), Health
43-3 and Safety Code, are amended to read as follows:
43-4 (a) In this section, "chemical laboratory apparatus" means
43-5 any item of equipment designed, made, or adapted to manufacture a
43-6 controlled substance or a controlled substance analogue, including:
43-7 (1) a condenser [condensers];
43-8 (2) a distilling apparatus;
43-9 (3) a vacuum drier [dryers];
43-10 (4) a three-neck or [flasks;]
43-11 [(5)] distilling flask;
43-12 (5) a [flasks;]
43-13 [(6)] tableting machine;
43-14 (6) an [machines; or]
43-15 [(7)] encapsulating machine;
43-16 (7) a filter, Buchner, or separatory funnel;
43-17 (8) an Erlenmeyer, two-neck, or single-neck flask;
43-18 (9) a round-bottom, Florence, thermometer, or
43-19 filtering flask;
43-20 (10) a Soxhlet extractor;
43-21 (11) a transformer;
43-22 (12) a flask heater;
43-23 (13) a heating mantel; or
43-24 (14) an adaptor tube [machines].
43-25 (d) The director by rule may:
43-26 (1) name additional chemical laboratory apparatus for
43-27 purposes of Subsection (a) if the director determines that public
44-1 health and welfare are jeopardized by evidenced proliferation or
44-2 use of a chemical laboratory apparatus in the illicit manufacture
44-3 of a controlled substance or controlled substance analogue; or
44-4 (2) [. The director by rule may] delete an apparatus
44-5 listed in Subsection (a) if the director determines that the
44-6 apparatus does not jeopardize public health and welfare or is not
44-7 used in the illicit manufacture of a controlled substance or a
44-8 controlled substance analogue.
44-9 (e) This section and Section 481.081 do not apply to a
44-10 person to whom a registration has been issued under Section 481.063
44-11 [The Department of Public Safety shall file with the secretary of
44-12 state a certified copy of a rule adopted under this section].
44-13 (m) This subsection applies to a [A] manufacturer,
44-14 wholesaler, retailer, or other person who sells, transfers, or
44-15 otherwise furnishes any apparatus subject to Subsection (a) and to
44-16 a permit holder, commercial purchaser, or other person who receives
44-17 an apparatus governed by Subsection (a) unless the person is the
44-18 holder of only a permit issued under Section 481.081(b)(1). A
44-19 person covered by this subsection:
44-20 (1) shall maintain records and inventories in
44-21 accordance with rules established by the director;
44-22 (2) [and] shall allow a member of the Department of
44-23 Public Safety or a peace officer to conduct audits and inspect
44-24 records of purchases and sales and all other records made in
44-25 accordance with this section at any reasonable time; and
44-26 (3) may not interfere with the audit or with the full
44-27 and complete inspection or copying of those records [. This
45-1 subsection does not apply to a recipient who has obtained a
45-2 chemical laboratory apparatus subject to Subsection (a) and who is
45-3 a permit holder under Section 481.081].
45-4 SECTION 13. Section 481.081, Health and Safety Code, is
45-5 amended by amending Subsections (b) and (e) and adding Subsection
45-6 (f) to read as follows:
45-7 (b) The director [Department of Public Safety] by rule shall
45-8 adopt [develop] procedures and standards for the issuance and
45-9 renewal or the voluntary surrender, cancellation, suspension,
45-10 probation, or revocation of:
45-11 (1) a permit for one sale, transfer, receipt, or
45-12 otherwise furnishing of a chemical laboratory apparatus; or
45-13 (2) a permit for more than one sale, transfer,
45-14 receipt, or otherwise furnishing of a chemical laboratory
45-15 apparatus.
45-16 (e) The director may not issue a permit under this section
45-17 unless the person applying for the permit delivers to the director
45-18 a written consent to inspect signed by the person that grants to
45-19 the director the right to inspect any controlled premises, record,
45-20 chemical laboratory apparatus, or other item governed by this
45-21 chapter in the care, custody, or control of the person. After the
45-22 director receives the consent, the director may inspect any
45-23 controlled premises, record, chemical laboratory apparatus, or
45-24 other item to which the consent applies.
45-25 (f) The director may by rule establish security controls and
45-26 provide for the inspection of a place, entity, or item to which a
45-27 chemical laboratory apparatus transfer permit applies. [Department
46-1 of Public Safety shall file with the secretary of state a certified
46-2 copy of a rule adopted under this section.]
46-3 SECTION 14. Section 481.102, Health and Safety Code, is
46-4 amended to read as follows:
46-5 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
46-6 (1) the following opiates, including their isomers,
46-7 esters, ethers, salts, and salts of isomers, esters, and ethers,
46-8 unless specifically excepted, if the existence of these isomers,
46-9 esters, ethers, and salts is possible within the specific chemical
46-10 designation:
46-11 Alfentanil;
46-12 Allylprodine;
46-13 Alphacetylmethadol;
46-14 Benzethidine;
46-15 Betaprodine;
46-16 Clonitazene;
46-17 Diampromide;
46-18 Diethylthiambutene;
46-19 Difenoxin not listed in Penalty Group 3 or 4;
46-20 Dimenoxadol;
46-21 Dimethylthiambutene;
46-22 Dioxaphetyl butyrate;
46-23 Dipipanone;
46-24 Ethylmethylthiambutene;
46-25 Etonitazene;
46-26 Etoxeridine;
46-27 Furethidine;
47-1 Hydroxypethidine;
47-2 Ketobemidone;
47-3 Levophenacylmorphan;
47-4 Meprodine;
47-5 Methadol;
47-6 Moramide;
47-7 Morpheridine;
47-8 Noracymethadol;
47-9 Norlevorphanol;
47-10 Normethadone;
47-11 Norpipanone;
47-12 Phenadoxone;
47-13 Phenampromide;
47-14 Phenomorphan;
47-15 Phenoperidine;
47-16 Piritramide;
47-17 Proheptazine;
47-18 Properidine;
47-19 Propiram;
47-20 Sufentanil;
47-21 Tilidine; and
47-22 Trimeperidine;
47-23 (2) the following opium derivatives, their salts,
47-24 isomers, and salts of isomers, unless specifically excepted, if the
47-25 existence of these salts, isomers, and salts of isomers is
47-26 possible within the specific chemical designation:
47-27 Acetorphine;
48-1 Acetyldihydrocodeine;
48-2 Benzylmorphine;
48-3 Codeine methylbromide;
48-4 Codeine-N-Oxide;
48-5 Cyprenorphine;
48-6 Desomorphine;
48-7 Dihydromorphine;
48-8 Drotebanol;
48-9 Etorphine, except hydrochloride salt;
48-10 Heroin;
48-11 Hydromorphinol;
48-12 Methyldesorphine;
48-13 Methyldihydromorphine;
48-14 Monoacetylmorphine;
48-15 Morphine methylbromide;
48-16 Morphine methylsulfonate;
48-17 Morphine-N-Oxide;
48-18 Myrophine;
48-19 Nicocodeine;
48-20 Nicomorphine;
48-21 Normorphine;
48-22 Pholcodine; and
48-23 Thebacon;
48-24 (3) the following substances, however produced, except
48-25 those narcotic drugs listed in another group:
48-26 (A) Opium and opiate not listed in Penalty Group
48-27 3 or 4, and a salt, compound, derivative, or preparation of opium
49-1 or opiate, other than thebaine derived butorphanol, nalmefene and
49-2 its salts, naloxone and its salts, and naltrexone and its salts,
49-3 but including:
49-4 Codeine not listed in Penalty Group 3 or 4;
49-5 Ethylmorphine not listed in Penalty Group 3
49-6 or 4;
49-7 Granulated opium;
49-8 Hydrocodone not listed in Penalty Group 3;
49-9 Hydromorphone;
49-10 Metopon;
49-11 Morphine not listed in Penalty Group 3;
49-12 Opium extracts;
49-13 Opium fluid extracts;
49-14 Oxycodone;
49-15 Oxymorphone;
49-16 Powdered opium;
49-17 Raw opium;
49-18 Thebaine; and
49-19 Tincture of opium;
49-20 (B) a salt, compound, isomer, derivative, or
49-21 preparation of a substance that is chemically equivalent or
49-22 identical to a substance described by Paragraph (A), other than
49-23 the isoquinoline alkaloids of opium;
49-24 (C) Opium poppy and poppy straw;
49-25 (D) Cocaine, including:
49-26 (i) its salts, its optical, position, and
49-27 geometric isomers, and the salts of those isomers;
50-1 (ii) coca leaves and a salt, compound,
50-2 derivative, or preparation of coca leaves;
50-3 (iii) a salt, compound, derivative, or
50-4 preparation of a salt, compound, or derivative that is chemically
50-5 equivalent or identical to a substance described by Subparagraph
50-6 (i) or (ii), other than decocainized coca leaves or extractions of
50-7 coca leaves that do not contain cocaine or ecgonine; and
50-8 (E) concentrate of poppy straw, meaning the
50-9 crude extract of poppy straw in liquid, solid, or powder form that
50-10 contains the phenanthrine alkaloids of the opium poppy[; and]
50-11 [(F) temporary listing of substances subject to
50-12 emergency scheduling by the Federal Drug Enforcement
50-13 Administration];
50-14 (4) the following opiates, including their isomers,
50-15 esters, ethers, salts, and salts of isomers, if the existence of
50-16 these isomers, esters, ethers, and salts is possible within the
50-17 specific chemical designation:
50-18 Acetyl-alpha-methylfentanyl
50-19 (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide);
50-20 Alpha-methylthiofentanyl
50-21 (N-(1-methyl-2-(2-thienyl)ethyl-4-piperidinyl)-N-phenylpropanamide);
50-22 Alphaprodine;
50-23 Anileridine;
50-24 Beta-hydroxyfentanyl
50-25 (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenylpropanamide);
50-26 Beta-hydroxy-3-methylfentanyl;
50-27 Bezitramide;
51-1 Carfentanil;
51-2 Dihydrocodeine not listed in Penalty Group 3 or
51-3 4;
51-4 Diphenoxylate not listed in Penalty Group 3 or 4;
51-5 Fentanyl or alpha-methylfentanyl, or any other
51-6 derivative of Fentanyl;
51-7 Isomethadone;
51-8 Levomethorphan;
51-9 Levorphanol;
51-10 Metazocine;
51-11 Methadone;
51-12 Methadone-Intermediate,
51-13 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
51-14 3-methylfentanyl(N-(3-methyl-1-(2-phenylethyl)-
51-15 4-piperidyl)-N-phenylpropanamide);
51-16 3-methylthiofentanyl(N-(3-methyl-1-(2-thienyl)
51-17 ethyl-4-piperidinyl[piperidyl])-N-phenylpropanamide);
51-18 Moramide-Intermediate, 2-methyl-3-morpholino-1,
51-19 1-diphenyl-propane-carboxylic acid;
51-20 Para-fluorofentanyl(N-(4-fluorophenyl)-N-(1-
51-21 (2-phenylethyl)-4-piperidinyl)propanamide);
51-22 PEPAP
51-23 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
51-24 Pethidine (Meperidine);
51-25 Pethidine-Intermediate-A,
51-26 4-cyano-1-methyl-4-phenylpiperidine;
51-27 Pethidine-Intermediate-B,
52-1 ethyl-4-phenylpiperidine-4 carboxylate;
52-2 Pethidine-Intermediate-C,
52-3 1-methyl-4-phenylpiperidine-4-carboxylic acid;
52-4 Phenazocine;
52-5 Piminodine;
52-6 Racemethorphan;
52-7 Racemorphan; and
52-8 Thiofentanyl(N-phenyl-N-(1-(2-thienyl)ethyl-4-
52-9 piperidinyl)-propanamide);
52-10 (5) Flunitrazepam (some trade or other names:
52-11 Rohypnol) [Lysergic acid diethylamide, including its salts,
52-12 isomers, and salts of isomers];
52-13 (6) Methamphetamine, including its salts, optical
52-14 isomers, and salts of optical isomers;
52-15 (7) Phenylacetone and methylamine, if possessed
52-16 together with intent to manufacture methamphetamine; [and]
52-17 (8) Phencyclidine, including its salts; and
52-18 (9) Gamma hydroxybutyrate, including its salts.
52-19 SECTION 15. Subchapter D, Chapter 481, Health and Safety
52-20 Code, is amended by adding Section 481.1021 to read as follows:
52-21 Sec. 481.1021. PENALTY GROUP 1-A. Penalty Group 1-A
52-22 consists of lysergic acid diethylamide (LSD), including its salts,
52-23 isomers, and salts of isomers.
52-24 SECTION 16. Section 481.103, Health and Safety Code, is
52-25 amended to read as follows:
52-26 Sec. 481.103. PENALTY GROUP 2. (a) Penalty Group 2
52-27 consists of:
53-1 (1) any quantity of the following hallucinogenic
53-2 substances, their salts, isomers, and salts of isomers, unless
53-3 specifically excepted, if the existence of these salts, isomers,
53-4 and salts of isomers is possible within the specific chemical
53-5 designation:
53-6 alpha-ethyltryptamine;
53-7 4-bromo-2, 5-dimethoxyamphetamine (some trade or
53-8 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
53-9 4-bromo-2, 5-DMA);
53-10 4-bromo-2, 5-dimethoxyphenethylamine;
53-11 Bufotenine (some trade and other names:
53-12 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
53-13 3-(2-dimethylaminoethyl)-5- indolol; N, N-dimethylserotonin;
53-14 5-hydroxy-N, N-dimethyltryptamine; mappine);
53-15 Diethyltryptamine (some trade and other names:
53-16 N, N-Diethyltryptamine, DET);
53-17 2, 5-dimethoxyamphetamine (some trade or other
53-18 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
53-19 2, 5-dimethoxy-4-ethylamphetamine (some trade or
53-20 other names: DOET);
53-21 Dimethyltryptamine (some trade and other names:
53-22 DMT);
53-23 Dronabinol (synthetic) in sesame oil and
53-24 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
53-25 Administration approved drug product (some trade or other names
53-26 for Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
53-27 6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
54-1 (-)-delta-9-(trans)-tetrahydrocannabinol);
54-2 Ethylamine Analog of Phencyclidine (some trade or
54-3 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
54-4 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
54-5 PCE);
54-6 Ibogaine (some trade or other names: 7-Ethyl-6,
54-7 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
54-8 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
54-9 tabernanthe iboga.);
54-10 Mescaline;
54-11 5-methoxy-3, 4-methylenedioxy amphetamine;
54-12 4-methoxyamphetamine (some trade or other names:
54-13 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
54-14 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
54-15 PPMP);
54-16 4-methyl-2, 5-dimethoxyamphetamine (some trade
54-17 and other names: 4-methyl-2,
54-18 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
54-19 3,4-methylenedioxy methamphetamine (MDMA, MDM);
54-20 3,4-methylenedioxy amphetamine;
54-21 3,4-methylenedioxy N-ethylamphetamine (Also known
54-22 as N-ethyl MDA);
54-23 Nabilone (Another name for nabilone:
54-24 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
54-25 hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
54-26 N-ethyl-3-piperidyl benzilate;
54-27 N-hydroxy-3,4-methylenedioxyamphetamine (Also
55-1 known as N-hydroxy MDA);
55-2 4-methylaminorex;
55-3 N-methyl-3-piperidyl benzilate;
55-4 Parahexyl (some trade or other names:
55-5 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
55-6 9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
55-7 1-Phenylcyclohexylamine;
55-8 1-Piperidinocyclohexanecarbonitrile (PCC);
55-9 Psilocin;
55-10 Psilocybin;
55-11 Pyrrolidine Analog of Phencyclidine (some trade
55-12 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
55-13 Tetrahydrocannabinols, other than marihuana, and
55-14 synthetic equivalents of the substances contained in the plant, or
55-15 in the resinous extractives of Cannabis, or synthetic substances,
55-16 derivatives, and their isomers with similar chemical structure and
55-17 pharmacological activity such as:
55-18 delta-1 cis or trans tetrahydrocannabinol,
55-19 and their optical isomers;
55-20 delta-6 cis or trans tetrahydrocannabinol,
55-21 and their optical isomers;
55-22 delta-3, 4 cis or trans
55-23 tetrahydrocannabinol, and its optical isomers;
55-24 compounds of these structures, regardless
55-25 of numerical designation of atomic positions, since nomenclature of
55-26 these substances is not internationally standardized;
55-27 Thiophene Analog of Phencyclidine (some trade or
56-1 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
56-2 Analog of Phencyclidine; TPCP, TCP);
56-3 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
56-4 trade or other names: TCPy); and
56-5 3,4,5-trimethoxy amphetamine;
56-6 (2) Phenylacetone (some trade or other names:
56-7 Phenyl-2-propanone; P2P [P-2-P], Benzymethyl ketone, methyl benzyl
56-8 ketone); and
56-9 (3) unless specifically excepted or unless listed in
56-10 another Penalty Group, a material, compound, mixture, or
56-11 preparation that contains any quantity of the following substances
56-12 having a potential for abuse associated with a depressant or
56-13 stimulant effect on the central nervous system:
56-14 Aminorex (some trade or other names:
56-15 aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
56-16 4,5-dihydro-5-phenyl-2-oxazolamine);
56-17 Amphetamine, its salts, optical isomers, and
56-18 salts of optical isomers;
56-19 Cathinone (some trade or other names:
56-20 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
56-21 2-aminopropiophenone);
56-22 Etorphine Hydrochloride;
56-23 Fenethylline and its salts;
56-24 Mecloqualone and its salts;
56-25 Methaqualone and its salts;
56-26 Methcathinone (some trade or other names:
56-27 2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
57-1 2-(methylamino)-1-phenylpropan-1-one;
57-2 alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
57-3 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
57-4 1431);
57-5 N-Ethylamphetamine, its salts, optical isomers,
57-6 and salts of optical isomers; and
57-7 N,N-dimethylamphetamine (some trade or other
57-8 names: N,N,alpha-trimethylbenzeneethaneamine;
57-9 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
57-10 salts of optical isomers.
57-11 (b) For the purposes of Subsection (a)(1) only, the term
57-12 "isomer" includes an optical, position, or geometric isomer.
57-13 SECTION 17. Section 481.104, Health and Safety Code, is
57-14 amended to read as follows:
57-15 Sec. 481.104. PENALTY GROUP 3. (a) Penalty Group 3
57-16 consists of:
57-17 (1) a material, compound, mixture, or preparation that
57-18 contains any quantity of the following substances having a
57-19 potential for abuse associated with a stimulant effect on the
57-20 central nervous system:
57-21 Methylphenidate and its salts; and
57-22 Phenmetrazine and its salts;
57-23 (2) a material, compound, mixture, or preparation that
57-24 contains any quantity of the following substances having a
57-25 potential for abuse associated with a depressant effect on the
57-26 central nervous system:
57-27 a substance that contains any quantity of a
58-1 derivative of barbituric acid, or any salt of a derivative of
58-2 barbituric acid not otherwise covered by this subsection;
58-3 a compound, mixture, or preparation containing
58-4 amobarbital, secobarbital, pentobarbital, or any salt of any of
58-5 these, and one or more active medicinal ingredients that are not
58-6 listed in any penalty group;
58-7 a suppository dosage form containing amobarbital,
58-8 secobarbital, pentobarbital, or any salt of any of these drugs, and
58-9 approved by the United States Food and Drug Administration for
58-10 marketing only as a suppository;
58-11 Alprazolam;
58-12 Amobarbital;
58-13 Bromazepam;
58-14 Camazepam;
58-15 Chlordiazepoxide;
58-16 Chlorhexadol;
58-17 Clobazam;
58-18 Clonazepam;
58-19 Clorazepate;
58-20 Clotiazepam;
58-21 Cloxazolam;
58-22 Delorazepam;
58-23 Diazepam;
58-24 Estazolam;
58-25 Ethyl loflazepate;
58-26 Fludiazepam;
58-27 [Flunitrazepam;]
59-1 Flurazepam;
59-2 Glutethimide;
59-3 Halazepam;
59-4 Haloxzolam;
59-5 Ketazolam;
59-6 Loprazolam;
59-7 Lorazepam;
59-8 Lormetazepam;
59-9 Lysergic acid, including its salts, isomers, and
59-10 salts of isomers;
59-11 Lysergic acid amide, including its salts,
59-12 isomers, and salts of isomers;
59-13 Mebutamate;
59-14 Medazepam;
59-15 Methyprylon;
59-16 Midazolam;
59-17 Nimetazepam;
59-18 Nitrazepam;
59-19 Nordiazepam;
59-20 Oxazepam;
59-21 Oxazolam;
59-22 Pentazocine, its salts, derivatives, or compounds
59-23 or mixtures thereof;
59-24 Pentobarbital;
59-25 Pinazepam;
59-26 Prazepam;
59-27 Quazepam;
60-1 Secobarbital;
60-2 Sulfondiethylmethane;
60-3 Sulfonethylmethane;
60-4 Sulfonmethane;
60-5 Temazepam;
60-6 Tetrazepam;
60-7 Tiletamine and zolazepam in combination, and its
60-8 salts. (some trade or other names for a tiletamine-zolazepam
60-9 combination product: Telazol, for tiletamine:
60-10 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
60-11 4-(2-fluorophenyl)-6,
60-12 8-dihydro-1,3,8,-trimethylpyrazolo-(3,4-e)(1,4)-d
60-13 diazepin-7(1H)-one, flupyrazapon); [and]
60-14 Triazolam; and
60-15 Zolpidem;
60-16 (3) Nalorphine;
60-17 (4) a material, compound, mixture, or preparation
60-18 containing limited quantities of the following narcotic drugs, or
60-19 any of their salts:
60-20 not more than 1.8 grams of codeine, or any of its
60-21 salts, per 100 milliliters or not more than 90 milligrams per
60-22 dosage unit, with an equal or greater quantity of an isoquinoline
60-23 alkaloid of opium;
60-24 not more than 1.8 grams of codeine, or any of its
60-25 salts, per 100 milliliters or not more than 90 milligrams per
60-26 dosage unit, with one or more active, nonnarcotic ingredients in
60-27 recognized therapeutic amounts;
61-1 not more than 300 milligrams of dihydrocodeinone
61-2 (hydrocodone), or any of its salts, per 100 milliliters or not more
61-3 than 15 milligrams per dosage unit, with a fourfold or greater
61-4 quantity of an isoquinoline alkaloid of opium;
61-5 not more than 300 milligrams of dihydrocodeinone
61-6 (hydrocodone), or any of its salts, per 100 milliliters or not more
61-7 than 15 milligrams per dosage unit, with one or more active,
61-8 nonnarcotic ingredients in recognized therapeutic amounts;
61-9 not more than 1.8 grams of dihydrocodeine, or any
61-10 of its salts, per 100 milliliters or not more than 90 milligrams
61-11 per dosage unit, with one or more active, nonnarcotic ingredients
61-12 in recognized therapeutic amounts;
61-13 not more than 300 milligrams of ethylmorphine, or
61-14 any of its salts, per 100 milliliters or not more than 15
61-15 milligrams per dosage unit, with one or more active, nonnarcotic
61-16 ingredients in recognized therapeutic amounts;
61-17 not more than 500 milligrams of opium per 100
61-18 milliliters or per 100 grams, or not more than 25 milligrams per
61-19 dosage unit, with one or more active, nonnarcotic ingredients in
61-20 recognized therapeutic amounts;
61-21 not more than 50 milligrams of morphine, or any
61-22 of its salts, per 100 milliliters or per 100 grams with one or more
61-23 active, nonnarcotic ingredients in recognized therapeutic amounts;
61-24 and
61-25 not more than 1 milligram of difenoxin and not
61-26 less than 25 micrograms of atropine sulfate per dosage unit;
61-27 (5) a material, compound, mixture, or preparation that
62-1 contains any quantity of the following substances:
62-2 Barbital;
62-3 Chloral betaine;
62-4 Chloral hydrate;
62-5 Ethchlorvynol;
62-6 Ethinamate;
62-7 Meprobamate;
62-8 Methohexital;
62-9 Methylphenobarbital (Mephobarbital);
62-10 Paraldehyde;
62-11 Petrichloral; and
62-12 Phenobarbital;
62-13 (6) Peyote, unless unharvested and growing in its
62-14 natural state, meaning all parts of the plant classified
62-15 botanically as Lophophora, whether growing or not, the seeds of the
62-16 plant, an extract from a part of the plant, and every compound,
62-17 manufacture, salt, derivative, mixture, or preparation of the
62-18 plant, its seeds, or extracts;
62-19 (7) unless listed in another penalty group, a
62-20 material, compound, mixture, or preparation that contains any
62-21 quantity of the following substances having a stimulant effect on
62-22 the central nervous system, including the substance's salts,
62-23 optical, position, or geometric isomers, and salts of the
62-24 substance's isomers, if the existence of the salts, isomers, and
62-25 salts of isomers is possible within the specific chemical
62-26 designation:
62-27 Benzphetamine;
63-1 Cathine ((+)-norpseudoephedrine);
63-2 Chlorphentermine;
63-3 Clortermine;
63-4 Diethylpropion;
63-5 Fencamfamin;
63-6 Fenfluramine;
63-7 Fenproporex;
63-8 Mazindol;
63-9 Mefenorex;
63-10 Pemoline (including organometallic complexes and
63-11 their chelates);
63-12 Phendimetrazine;
63-13 Phentermine;
63-14 Pipradrol; and
63-15 SPA ((-)-1-dimethylamino-1,2-diphenylethane);
63-16 (8) unless specifically excepted or unless listed in
63-17 another penalty group, a material, compound, mixture, or
63-18 preparation that contains any quantity of the following substance,
63-19 including its salts:
63-20 Dextropropoxyphene
63-21 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
63-22 and
63-23 (9) an anabolic steroid or any substance that is
63-24 chemically or pharmacologically related to testosterone, other than
63-25 an estrogen, progestin, or corticosteroid, and promotes muscle
63-26 growth, including [any human growth hormone or any of the following
63-27 anabolic steroids, or any isomer, ester, salt, or derivative of the
64-1 following that acts in the same manner on the human body]:
64-2 Boldenone;
64-3 Chlorotestosterone (4-chlortestosterone);
64-4 Clostebol;
64-5 Dehydrochlormethyltestosterone;
64-6 Dihydrotestosterone (4-dihydrotestosterone);
64-7 Drostanolone;
64-8 Ethylestrenol;
64-9 Fluoxymesterone;
64-10 Formebulone;
64-11 Mesterolone;
64-12 Methandienone;
64-13 Methandranone;
64-14 Methandriol;
64-15 Methandrostenolone;
64-16 Methenolone;
64-17 Methyltestosterone;
64-18 Mibolerone;
64-19 Nandrolone;
64-20 Norethandrolone;
64-21 Oxandrolone;
64-22 Oxymesterone;
64-23 Oxymetholone;
64-24 Stanolone;
64-25 Stanozolol;
64-26 Testolactone;
64-27 Testosterone; and
65-1 Trenbolone.
65-2 (b) Penalty Group 3 does not include a compound, mixture, or
65-3 preparation containing a stimulant substance listed in Subsection
65-4 (a)(1) if the compound, mixture, or preparation contains one or
65-5 more active medicinal ingredients not having a stimulant effect on
65-6 the central nervous system and if the admixtures are included in
65-7 combinations, quantity, proportion, or concentration that vitiate
65-8 the potential for abuse of the substances that have a stimulant
65-9 effect on the central nervous system.
65-10 (c) Penalty Group 3 does not include a compound, mixture, or
65-11 preparation containing a depressant substance listed in Subsection
65-12 (a)(2) or (a)(5) if the compound, mixture, or preparation contains
65-13 one or more active medicinal ingredients not having a depressant
65-14 effect on the central nervous system and if the admixtures are
65-15 included in combinations, quantity, proportion, or concentration
65-16 that vitiate the potential for abuse of the substances that have a
65-17 depressant effect on the central nervous system.
65-18 SECTION 18. Section 481.105, Health and Safety Code, is
65-19 amended to read as follows:
65-20 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
65-21 (1) a compound, mixture, or preparation containing
65-22 limited quantities of any of the following narcotic drugs that
65-23 includes one or more nonnarcotic active medicinal ingredients in
65-24 sufficient proportion to confer on the compound, mixture, or
65-25 preparation valuable medicinal qualities other than those possessed
65-26 by the narcotic drug alone:
65-27 not more than 200 milligrams of codeine per 100
66-1 milliliters or per 100 grams;
66-2 not more than 100 milligrams of dihydrocodeine
66-3 per 100 milliliters or per 100 grams;
66-4 not more than 100 milligrams of ethylmorphine per
66-5 100 milliliters or per 100 grams;
66-6 not more than 2.5 milligrams of diphenoxylate and
66-7 not less than 25 micrograms of atropine sulfate per dosage unit;
66-8 not more than 15 milligrams of opium per 29.5729
66-9 milliliters or per 28.35 grams; and
66-10 not more than 0.5 milligram of difenoxin and not
66-11 less than 25 micrograms of atropine sulfate per dosage unit;
66-12 (2) unless specifically excepted or unless listed in
66-13 another penalty group, a material, compound, mixture, or
66-14 preparation containing the narcotic drug Buprenorphine or its
66-15 salts; and
66-16 (3) unless specifically exempted or excluded or unless
66-17 listed in another penalty group, any material, compound, mixture,
66-18 or preparation that contains any quantity of pyrovalerone, a
66-19 substance [the following substances] having a stimulant effect on
66-20 the central nervous system, including its salts, isomers, and salts
66-21 of isomers[:]
66-22 [Propylhexedrine; and]
66-23 [Pyrovalerone].
66-24 SECTION 19. Subchapter D, Chapter 481, Health and Safety
66-25 Code, is amended by adding Sections 481.1121 and 481.1151 to read
66-26 as follows:
66-27 Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF
67-1 SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this
67-2 chapter, a person commits an offense if the person knowingly
67-3 manufactures, delivers, or possesses with intent to manufacture or
67-4 deliver a controlled substance listed in Penalty Group 1-A.
67-5 (b) An offense under this section is:
67-6 (1) a state jail felony if the number of abuse units
67-7 of the controlled substance is fewer than 20;
67-8 (2) a felony of the second degree if the number of
67-9 abuse units of the controlled substance is 20 or more but fewer
67-10 than 80;
67-11 (3) a felony of the first degree if the number of
67-12 abuse units of the controlled substance is 80 or more but fewer
67-13 than 4,000; and
67-14 (4) punishable by imprisonment in the institutional
67-15 division of the Texas Department of Criminal Justice for life or
67-16 for a term of not more than 99 years or less than 15 years and a
67-17 fine not to exceed $250,000, if the number of abuse units of the
67-18 controlled substance is 4,000 or more.
67-19 Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
67-20 GROUP 1-A. (a) Except as provided by this chapter, a person
67-21 commits an offense if the person knowingly possesses a controlled
67-22 substance listed in Penalty Group 1-A.
67-23 (b) An offense under this section is:
67-24 (1) a state jail felony if the number of abuse units
67-25 of the controlled substance is fewer than 20;
67-26 (2) a felony of the third degree if the number of
67-27 abuse units of the controlled substance is 20 or more but fewer
68-1 than 80;
68-2 (3) a felony of the second degree if the number of
68-3 abuse units of the controlled substance is 80 or more but fewer
68-4 than 4,000;
68-5 (4) a felony of the first degree if the number of
68-6 abuse units of the controlled substance is 4,000 or more but fewer
68-7 than 8,000; and
68-8 (5) punishable by imprisonment in the institutional
68-9 division of the Texas Department of Criminal Justice for life or
68-10 for a term of not more than 99 years or less than 15 years and a
68-11 fine not to exceed $250,000, if the number of abuse units of the
68-12 controlled substance is 8,000 or more.
68-13 SECTION 20. Section 481.122(a), Health and Safety Code, is
68-14 amended to read as follows:
68-15 (a) Except as provided [authorized] by this chapter, a
68-16 person commits an offense if the person knowingly [or
68-17 intentionally] delivers a controlled substance listed in Penalty
68-18 Group 1, 1-A, 2, or 3 or knowingly [or intentionally] delivers
68-19 marihuana and the person delivers the controlled substance or
68-20 marihuana to a person:
68-21 (1) who is 17 years of age or younger;
68-22 (2) who the actor knows or believes intends to deliver
68-23 the controlled substance or marihuana to a person 17 years of age
68-24 or younger;
68-25 (3) who is enrolled in an elementary or secondary
68-26 school; or
68-27 (4) who the actor knows or believes intends to deliver
69-1 the controlled substance or marihuana to a person who is enrolled
69-2 in an elementary or secondary school.
69-3 SECTION 21. Section 481.123(a), Health and Safety Code, is
69-4 amended to read as follows:
69-5 (a) For the purposes of this chapter, a controlled substance
69-6 analogue is considered to be a controlled substance listed in
69-7 Penalty Group 1 or 1-A if the analogue in whole or in part is
69-8 intended for human consumption and:
69-9 (1) the chemical structure of the analogue is
69-10 substantially similar to the chemical structure of a controlled
69-11 substance listed in Schedule I or Penalty Group 1 or 1-A; or
69-12 (2) the analogue is specifically designed to produce
69-13 an effect substantially similar to or greater than the effect of a
69-14 controlled substance listed in Schedule I or Penalty Group 1 or
69-15 1-A.
69-16 SECTION 22. Section 481.128, Health and Safety Code, is
69-17 amended to read as follows:
69-18 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
69-19 MATTERS. (a) A registrant or dispenser commits an offense if the
69-20 registrant or dispenser knowingly [or intentionally]:
69-21 (1) distributes, delivers, administers, or dispenses a
69-22 controlled substance in violation of Sections 481.070-481.075
69-23 [481.070-481.074];
69-24 (2) manufactures a controlled substance not authorized
69-25 by the person's registration or distributes or dispenses a
69-26 controlled substance not authorized by the person's registration to
69-27 another registrant or other person;
70-1 (3) refuses or fails to make, keep, or furnish a
70-2 record, report, notification, order form, statement, invoice, or
70-3 information required by this chapter;
70-4 (4) prints, manufactures, possesses, or produces a
70-5 triplicate prescription form without the approval of the director
70-6 [Department of Public Safety];
70-7 (5) delivers or possesses a counterfeit triplicate
70-8 prescription;
70-9 (6) refuses an entry into a premise for an inspection
70-10 authorized by this chapter;
70-11 (7) refuses or fails to return a triplicate
70-12 prescription form as required by Section 481.075(h); [or]
70-13 (8) refuses or fails to make, keep, or furnish a
70-14 record, report, notification, order form, statement, invoice, or
70-15 information required by a rule adopted [before June 1, 1991,] by
70-16 the director; or
70-17 (9) refuses or fails to maintain security required by
70-18 this chapter or a rule adopted under this chapter.
70-19 (b) If the registrant or dispenser knowingly [or
70-20 intentionally] refuses or fails to make, keep, or furnish a record,
70-21 report, notification, order form, statement, invoice, or
70-22 information or maintain security required by a rule [or a rule
70-23 amendment] adopted [on or after June 1, 1991,] by the director, the
70-24 registrant or dispenser is liable to the state for a civil penalty
70-25 of not more than $5,000 for each act.
70-26 (c) [If the registrant or dispenser negligently fails to
70-27 make, keep, or furnish a record, report, notification, order form,
71-1 statement, invoice, or information required by a rule or a rule
71-2 amendment adopted on or after June 1, 1991, by the director, the
71-3 registrant or dispenser is liable to the state for a civil penalty
71-4 of not more than $1,000 for each act.]
71-5 [(d)] An offense under Subsection (a) is a state jail
71-6 felony.
71-7 (d) [(e)] If a person [negligently] commits an act that
71-8 would otherwise be an offense under Subsection (a) except that it
71-9 was committed without the requisite culpable mental state, the
71-10 person is liable to the state for a civil penalty of not more
71-11 [less] than $1,000 [$5,000 or more than $10,000] for each act.
71-12 (e) [(f)] A district attorney of the county where the act
71-13 occurred may file suit in district court in that county to collect
71-14 a civil penalty under this section, or the district attorney of
71-15 Travis County or the attorney general may file suit in district
71-16 court in Travis County to collect the penalty.
71-17 SECTION 23. Subchapter D, Chapter 481, Health and Safety
71-18 Code, is amended by adding Sections 481.136-481.139 to read as
71-19 follows:
71-20 Sec. 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
71-21 CHEMICAL PRECURSOR. (a) A person commits an offense if the person
71-22 sells, transfers, furnishes, or receives a precursor substance
71-23 listed in Section 481.077(a) and the person:
71-24 (1) does not hold a precursor transfer permit as
71-25 required by Section 481.078 at the time of the transaction;
71-26 (2) does not comply with Section 481.077;
71-27 (3) knowingly makes a false statement in a report or
72-1 record required by Section 481.077 or 481.078; or
72-2 (4) knowingly violates a rule adopted under Section
72-3 481.077 or 481.078.
72-4 (b) An offense under this section is a state jail felony,
72-5 unless it is shown on the trial of the offense that the defendant
72-6 has been previously convicted of an offense under this section or
72-7 Section 481.137, in which event the offense is a felony of the
72-8 third degree.
72-9 Sec. 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR
72-10 UNLAWFUL MANUFACTURE. (a) A person commits an offense if the
72-11 person sells, transfers, or otherwise furnishes a precursor
72-12 substance listed in Section 481.077(a) with the knowledge or intent
72-13 that the recipient will use the substance to unlawfully manufacture
72-14 a controlled substance or controlled substance analogue.
72-15 (b) An offense under this section is a felony of the third
72-16 degree.
72-17 Sec. 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
72-18 CHEMICAL LABORATORY APPARATUS. (a) A person commits an offense if
72-19 the person sells, transfers, furnishes, or receives an apparatus
72-20 described by Section 481.080(a) and the person:
72-21 (1) does not have an apparatus transfer permit as
72-22 required by Section 481.081 at the time of the transaction;
72-23 (2) does not comply with Section 481.080;
72-24 (3) knowingly makes a false statement in a report or
72-25 record required by Section 481.080 or 481.081; or
72-26 (4) knowingly violates a rule adopted under Section
72-27 481.080 or 481.081.
73-1 (b) An offense under this section is a state jail felony,
73-2 unless it is shown on the trial of the offense that the defendant
73-3 has been previously convicted of an offense under this section, in
73-4 which event the offense is a felony of the third degree.
73-5 Sec. 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY
73-6 APPARATUS FOR UNLAWFUL MANUFACTURE. (a) A person commits an
73-7 offense if the person sells, transfers, or otherwise furnishes an
73-8 apparatus described by Section 481.080(a) with the knowledge or
73-9 intent that the recipient will use the apparatus to unlawfully
73-10 manufacture a controlled substance or controlled substance
73-11 analogue.
73-12 (b) An offense under Subsection (a) is a felony of the third
73-13 degree.
73-14 SECTION 24. Section 481.160(e), Health and Safety Code, as
73-15 added by Chapter 285, Acts of the 72nd Legislature, Regular
73-16 Session, 1991, is relettered as Subsection (f) and amended to read
73-17 as follows:
73-18 (f) [(e)] A law enforcement agency may petition a court to
73-19 require, as a condition of community supervision [probation] under
73-20 Article 42.12, Code of Criminal Procedure, a person to reimburse
73-21 the agency for the cost of the confiscation, analysis, storage, or
73-22 disposal of raw materials, controlled substances, chemical
73-23 precursors, drug paraphernalia, or other materials seized in
73-24 connection with an offense committed by the person under this
73-25 chapter.
73-26 SECTION 25. Subchapter D, Chapter 12, Penal Code, is amended
73-27 by adding Section 12.48 to read as follows:
74-1 Sec. 12.48. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT
74-2 OFFENSE. If the court makes an affirmative finding under Article
74-3 42.015, Code of Criminal Procedure, in the punishment phase of the
74-4 trial of an offense under Chapter 29, Chapter 31, or Title 5, other
74-5 than a first degree felony or a Class A misdemeanor, the punishment
74-6 for the offense is increased to the punishment prescribed for the
74-7 next highest category of offense. If the offense is a Class A
74-8 misdemeanor, the minimum term of confinement for the offense is
74-9 increased to 180 days.
74-10 SECTION 26. Chapter 42, Code of Criminal Procedure, is
74-11 amended by adding Article 42.015 to read as follows:
74-12 Art. 42.015. FINDING THAT CONTROLLED SUBSTANCE USED TO
74-13 COMMIT OFFENSE. In the punishment phase of the trial of an offense
74-14 under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court
74-15 determines beyond a reasonable doubt that the defendant
74-16 administered or provided a controlled substance to the victim of
74-17 the offense with the intent of facilitating the commission of the
74-18 offense, the court shall make an affirmative finding of that fact
74-19 and enter the affirmative finding in the judgment of that case.
74-20 SECTION 27. Section 15(d), Article 42.12, Code of Criminal
74-21 Procedure, is amended to read as follows:
74-22 (d) A judge may impose as a condition of community
74-23 supervision that a defendant submit at the beginning of the period
74-24 of community supervision to a term of confinement in a state jail
74-25 felony facility for a term of not less than 90 days or more than
74-26 180 days, or a term of not less than 90 days or more than one year
74-27 if the defendant is convicted of an offense punishable as a state
75-1 jail felony under Section 481.112, 481.1121, 481.113, or 481.120,
75-2 Health and Safety Code. A judge may not require a defendant to
75-3 submit to both the term of confinement authorized by this
75-4 subsection and a term of confinement under Section 5 or 12 of this
75-5 article. For the purposes of this subsection, a defendant
75-6 previously has been convicted of a felony regardless of whether the
75-7 sentence for the previous conviction was actually imposed or was
75-8 probated and suspended.
75-9 SECTION 28. Sections 481.079 and 481.082, Health and Safety
75-10 Code, are repealed.
75-11 SECTION 29. Not later than December 1, 1997, the
75-12 commissioner of public health shall file with the secretary of
75-13 state for publication in the Texas Register a list of substances
75-14 designated in Schedules I through V under Subchapter B, Chapter
75-15 481, Health and Safety Code, as amended by this Act. The list
75-16 shall take effect January 1, 1998. A schedule in effect
75-17 immediately before the effective date of this Act continues in
75-18 effect until January 1, 1998.
75-19 SECTION 30. (a) A change in law made by this Act applies
75-20 only to an offense committed on or after the effective date of this
75-21 Act. For purposes of this section, an offense was committed before
75-22 the effective date of this Act if any element of the offense
75-23 occurred before the effective date.
75-24 (b) An offense committed before the effective date of this
75-25 Act is covered by the law in effect when the offense was committed,
75-26 and the former law is continued in effect for this purpose.
75-27 SECTION 31. (a) Except as provided by Subsection (b) of
76-1 this section, this Act takes effect January 1, 1998.
76-2 (b) Section 29 of this Act takes effect September 1, 1997.
76-3 SECTION 32. The importance of this legislation and the
76-4 crowded condition of the calendars in both houses create an
76-5 emergency and an imperative public necessity that the
76-6 constitutional rule requiring bills to be read on three several
76-7 days in each house be suspended, and this rule is hereby suspended.