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.