1-1 By: Van de Putte, Wise (Senate Sponsor - Madla) H.B. No. 1070
1-2 (In the Senate - Received from the House May 7, 1997;
1-3 May 8, 1997, read first time and referred to Committee on Criminal
1-4 Justice; May 18, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 6, Nays 0; May 18, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Patterson
1-7 Amend House Committee Report for HB1070 on page 11 line 2 by
1-8 adding the following after the word "Commissioner":
1-9 ", with the approval of the Texas Board of Health,".
1-10 COMMITTEE AMENDMENT NO. 2 By: Whitmire
1-11 Amend HB 1070 as follows:
1-12 Delete SECTION 25 and SECTION 26 and renumber subsequent
1-13 sections accordingly.
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to drug regulation and enforcement under the Texas
1-17 Controlled Substances Act and to the authority of certain state
1-18 agencies under that Act and to certain penalties for the use of a
1-19 controlled substance to commit the offense; imposing criminal
1-20 penalties.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 481.002, Health and Safety Code, is
1-23 amended by amending Subdivisions (3), (4), (5), (6), (17), (30),
1-24 and (41) and by adding Subdivision (50) to read as follows:
1-25 (3) "Commissioner" means the commissioner of public
1-26 health or the commissioner's designee.
1-27 (4) "Controlled premises" means:
1-28 (A) a place where original or other records or
1-29 documents required under this chapter are kept or are required to
1-30 be kept; or
1-31 (B) a place, including a factory, warehouse,
1-32 other establishment, or conveyance, where a person registered under
1-33 this chapter may lawfully hold, manufacture, distribute, dispense,
1-34 administer, possess, or otherwise dispose of a controlled substance
1-35 or other item governed by this chapter, including a chemical
1-36 precursor and a chemical laboratory apparatus.
1-37 (5) "Controlled substance" means a substance,
1-38 including a drug, an adulterant, a dilutant, and an immediate
1-39 precursor, listed in Schedules I through V or Penalty Groups 1,
1-40 1-A, or 2 through 4. The term includes the aggregate weight of any
1-41 mixture, solution, or other substance containing a controlled
1-42 substance.
1-43 (6) "Controlled substance analogue" means:
1-44 (A) a substance with a chemical structure
1-45 substantially similar to the chemical structure of a controlled
1-46 substance in Schedule I or II or Penalty Group 1, 1-A, or 2; or
1-47 (B) a substance specifically designed to produce
1-48 an effect substantially similar to, or greater than, the effect of
1-49 a controlled substance in Schedule I or II or Penalty Group 1, 1-A,
1-50 or 2.
1-51 (17) "Drug paraphernalia" means equipment, a product,
1-52 or material that is used or intended for use in planting,
1-53 propagating, cultivating, growing, harvesting, manufacturing,
1-54 compounding, converting, producing, processing, preparing, testing,
1-55 analyzing, packaging, repackaging, storing, containing, or
1-56 concealing a controlled substance in violation of this chapter or
1-57 in injecting, ingesting, inhaling, or otherwise introducing into
1-58 the human body a controlled substance in violation of this chapter.
1-59 The term includes:
1-60 (A) a kit used or intended for use in planting,
1-61 propagating, cultivating, growing, or harvesting a species of plant
1-62 that is a controlled substance or from which a controlled
1-63 substance may be derived;
1-64 (B) a material, compound, mixture, preparation,
2-1 or kit used or intended for use in manufacturing, compounding,
2-2 converting, producing, processing, or preparing a controlled
2-3 substance;
2-4 (C) an isomerization device used or intended for
2-5 use in increasing the potency of a species of plant that is a
2-6 controlled substance;
2-7 (D) testing equipment used or intended for use
2-8 in identifying or in analyzing the strength, effectiveness, or
2-9 purity of a controlled substance;
2-10 (E) a scale or balance used or intended for use
2-11 in weighing or measuring a controlled substance;
2-12 (F) a dilutant [diluent] or adulterant, such as
2-13 quinine hydrochloride, mannitol, inositol, nicotinamide [mannite],
2-14 dextrose, [or] lactose, or absorbent, blotter-type material, that
2-15 is used or intended to be used to increase the amount or weight of
2-16 or to transfer [for use in cutting] a controlled substance
2-17 regardless of whether the dilutant or adulterant diminishes the
2-18 efficacy of the controlled substance;
2-19 (G) a separation gin or sifter used or intended
2-20 for use in removing twigs and seeds from or in otherwise cleaning
2-21 or refining marihuana;
2-22 (H) a blender, bowl, container, spoon, or mixing
2-23 device used or intended for use in compounding a controlled
2-24 substance;
2-25 (I) a capsule, balloon, envelope, or other
2-26 container used or intended for use in packaging small quantities of
2-27 a controlled substance;
2-28 (J) a container or other object used or intended
2-29 for use in storing or concealing a controlled substance;
2-30 (K) a hypodermic syringe, needle, or other
2-31 object used or intended for use in parenterally injecting a
2-32 controlled substance into the human body; and
2-33 (L) an object used or intended for use in
2-34 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
2-35 hashish, or hashish oil into the human body, including:
2-36 (i) a metal, wooden, acrylic, glass,
2-37 stone, plastic, or ceramic pipe with or without a screen, permanent
2-38 screen, hashish head, or punctured metal bowl;
2-39 (ii) a water pipe;
2-40 (iii) a carburetion tube or device;
2-41 (iv) a smoking or carburetion mask;
2-42 (v) a chamber pipe;
2-43 (vi) a carburetor pipe;
2-44 (vii) an electric pipe;
2-45 (viii) an air-driven pipe;
2-46 (ix) a chillum;
2-47 (x) a bong; or
2-48 (xi) an ice pipe or chiller.
2-49 (30) "Opiate" means a substance that has an
2-50 addiction-forming or addiction-sustaining liability similar to
2-51 morphine or is capable of conversion into a drug having
2-52 addiction-forming or addiction-sustaining liability. The term
2-53 includes its racemic and levorotatory forms. The term does not
2-54 include, unless specifically designated as controlled under
2-55 Subchapter B [Section 481.038], the dextrorotatory isomer of
2-56 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
2-57 (41) "Prescription" means an order by a practitioner
2-58 to a pharmacist for a controlled substance for a particular patient
2-59 that specifies:
2-60 (A) the date of issue;
2-61 (B) the name and address of the patient or, if
2-62 the controlled substance is prescribed for an animal, the species
2-63 of the animal and the name and address of its owner;
2-64 (C) the name and quantity of the controlled
2-65 substance prescribed with the quantity shown numerically followed
2-66 by the number written as a word if the order is written or, if the
2-67 order is communicated orally or telephonically, with the quantity
2-68 given by the practitioner and transcribed by the pharmacist
2-69 numerically;
3-1 (D) directions for the use of the drug; [and]
3-2 [(E) the legibly printed or stamped name,
3-3 address, Federal Drug Enforcement Administration registration
3-4 number, and telephone number of the practitioner at the
3-5 practitioner's usual place of business.]
3-6 (E) the intended use of the drug unless the
3-7 practitioner determines the furnishing of this information is not
3-8 in the best interest of the patient; and
3-9 (F) the legibly printed or stamped name,
3-10 address, Federal Drug Enforcement Administration registration
3-11 number, and telephone number of the practitioner at the
3-12 practitioner's usual place of business[, legibly printed or
3-13 stamped].
3-14 (50) "Abuse unit" means:
3-15 (A) except as provided by Paragraph (B):
3-16 (i) a single unit on or in any adulterant,
3-17 dilutant, or similar carrier medium, including marked or perforated
3-18 blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
3-19 other medium that contains any amount of a controlled substance
3-20 listed in Penalty Group 1-A, if the unit is commonly used in abuse
3-21 of that substance; or
3-22 (ii) each quarter-inch square section of
3-23 paper, if the adulterant, dilutant, or carrier medium is paper not
3-24 marked or perforated into individual abuse units; or
3-25 (B) if the controlled substance is in liquid
3-26 form, 40 micrograms of the controlled substance including any
3-27 adulterant or dilutant.
3-28 SECTION 2. Subchapter B, Chapter 481, Health and Safety
3-29 Code, is amended to read as follows:
3-30 SUBCHAPTER B. SCHEDULES
3-31 Sec. 481.031. NOMENCLATURE. Controlled substances listed
3-32 in Schedules I through V and Penalty Groups 1 through 4 are
3-33 included by whatever official, common, usual, chemical, or trade
3-34 name they may be designated.
3-35 Sec. 481.032. SCHEDULES. (a) The commissioner shall
3-36 establish and modify the following schedules of controlled
3-37 substances under this subchapter: Schedule I, Schedule I-A,
3-38 Schedule II, Schedule III, Schedule IV, and Schedule V.
3-39 (b) A reference to a schedule in this chapter means the most
3-40 current version of the schedule established or altered by the
3-41 commissioner under this subchapter and published in the Texas
3-42 Register on or after January 1, 1998. [SCHEDULE I. (a) Schedule I
3-43 consists of:]
3-44 [(1) the following opiates, including their isomers,
3-45 esters, ethers, salts, and salts of isomers, esters, and ethers,
3-46 unless specifically excepted, if the existence of these isomers,
3-47 esters, ethers, and salts is possible within the specific chemical
3-48 designation:]
3-49 [Alfentanil;]
3-50 [Allylprodine;]
3-51 [Alpha-methylfentanyl or another derivative of
3-52 Fentanyl;]
3-53 [Benzethidine;]
3-54 [Betaprodine;]
3-55 [Clonitazene;]
3-56 [Diampromide;]
3-57 [Diethylthiambutene;]
3-58 [Difenoxin;]
3-59 [Dimenoxadol;]
3-60 [Dimethylthiambutene;]
3-61 [Dioxaphetyl butyrate;]
3-62 [Dipipanone;]
3-63 [Ethylmethylthiambutene;]
3-64 [Etonitazene;]
3-65 [Etoxeridine;]
3-66 [Furethidine;]
3-67 [Hydroxypethidine;]
3-68 [Ketobemidone;]
3-69 [Levophenacylmorphan;]
4-1 [Meprodine;]
4-2 [Methadol;]
4-3 [Moramide;]
4-4 [Morpheridine;]
4-5 [Noracymethadol;]
4-6 [Norlevorphanol;]
4-7 [Normethadone;]
4-8 [Norpipanone;]
4-9 [Phenadoxone;]
4-10 [Phenampromide;]
4-11 [Phencyclidine;]
4-12 [Phenomorphan;]
4-13 [Phenoperidine;]
4-14 [Piritramide;]
4-15 [Proheptazine;]
4-16 [Properidine;]
4-17 [Propiram;]
4-18 [Tilidine; and]
4-19 [Trimeperidine;]
4-20 [(2) the following opium derivatives, their salts,
4-21 isomers, and salts of isomers, unless specifically excepted, if the
4-22 existence of these salts, isomers, and salts of isomers is possible
4-23 within the specific chemical designation:]
4-24 [Acetorphine;]
4-25 [Acetyldihydrocodeine;]
4-26 [Benzylmorphine;]
4-27 [Codeine methylbromide;]
4-28 [Codeine-N-Oxide;]
4-29 [Cyprenorphine;]
4-30 [Desomorphine;]
4-31 [Dihydromorphine;]
4-32 [Drotebanol;]
4-33 [Etorphine (except hydrochloride salt);]
4-34 [Heroin;]
4-35 [Hydromorphinol;]
4-36 [Methyldesorphine;]
4-37 [Methyldihydromorphine;]
4-38 [Monoacetylmorphine;]
4-39 [Morphine methylbromide;]
4-40 [Morphine methylsulfonate;]
4-41 [Morphine-N-Oxide;]
4-42 [Myrophine;]
4-43 [Nicocodeine;]
4-44 [Nicomorphine;]
4-45 [Normorphine;]
4-46 [Pholcodine; and]
4-47 [Thebacon;]
4-48 [(3) unless specifically excepted or unless listed in
4-49 another schedule, a material, compound, mixture, or preparation
4-50 that contains any quantity of the following hallucinogenic
4-51 substances or that contains any of the substance's salts, isomers,
4-52 and salts of isomers if the existence of the salts, isomers, and
4-53 salts of isomers is possible within the specific chemical
4-54 designation:]
4-55 [4-bromo-2, 5-dimethoxyamphetamine (some trade or
4-56 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
4-57 4-bromo-2, 5-DMA);]
4-58 [2, 5-dimethoxyamphetamine (some trade or other
4-59 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);]
4-60 [5-methoxy-3, 4-methylenedioxy amphetamine;]
4-61 [4-methoxyamphetamine (some trade or other names:
4-62 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);]
4-63 [1-methyl-4-phenyl-1, 2, 5, 6-tetrahydro-pyridine
4-64 (MPTP);]
4-65 [1-methyl-4-phenyl-4-propionoxy-piperidine (MPPP,
4-66 PPMP);]
4-67 [4-methyl-2, 5-dimethoxyamphetamine (some trade
4-68 and other names: 4-methyl-2,
4-69 5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP");]
5-1 [3, 4-methylene-dioxy methamphetamine (MDMA,
5-2 MDM);]
5-3 [3, 4-methylenedioxy amphetamine;]
5-4 [3, 4, 5-trimethoxy amphetamine;]
5-5 [Bufotenine (some trade and other names:
5-6 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
5-7 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-8 5-hydroxy-N, N-dimethyltryptamine; mappine);]
5-9 [Diethyltryptamine (some trade and other names:
5-10 N, N-Diethyltryptamine, DET);]
5-11 [Dimethyltryptamine (some trade and other names:
5-12 DMT);]
5-13 [Ethylamine Analog of Phencyclidine (some trade
5-14 or other names: N-ethyl-1-phenylcyclohexylamine;
5-15 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine,
5-16 cyclohexamine, PCE);]
5-17 [Ibogaine (some trade or other names: 7-Ethyl-6,
5-18 6, beta, 7, 8, 9, 10, 12, 13,--octahydro-2-methoxy-6,
5-19 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
5-20 tabernanthe iboga);]
5-21 [Lysergic acid diethylamide;]
5-22 [Marihuana;]
5-23 [Mescaline;]
5-24 [N-ethyl-3-piperidyl benzilate;]
5-25 [N-methyl-3-piperidyl benzilate;]
5-26 [Parahexyl (some trade or other names:
5-27 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
5-28 9-tri-methyl-6H-dibenzo (b,d) pyran; Synhexyl);]
5-29 [Peyote, unless unharvested and growing in its
5-30 natural state, meaning all parts of the plant classified
5-31 botanically as Lophophora, whether growing or not, the seeds of the
5-32 plant, an extract from a part of the plant, and every compound,
5-33 manufacture, salt, derivative, mixture, or preparation of the
5-34 plant, its seeds, or extracts;]
5-35 [Psilocybin;]
5-36 [Psilocin;]
5-37 [Pyrrolidine Analog of Phencyclidine (some trade
5-38 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);]
5-39 [Synthetic equivalents of the substances
5-40 contained in the plant Cannabis, or in the resinous extractives of
5-41 that plant, and synthetic substances, derivatives, and their
5-42 isomers with similar chemical structure and pharmacological
5-43 activity such as:]
5-44 [delta-1 cis or trans tetrahydrocannabinol, and
5-45 their optical isomers;]
5-46 [delta-6 cis or trans tetrahydrocannabinol, and
5-47 their optical isomers;]
5-48 [delta-3, 4 cis or trans tetrahydrocannabinol,
5-49 and its optical isomers;]
5-50 [(Compounds of these structures, regardless of
5-51 numerical designation of atomic positions, since nomenclature of
5-52 these substances is not internationally standardized);]
5-53 [Tetrahydrocannabinols; and]
5-54 [Thiophene Analog of Phencyclidine (some trade or
5-55 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
5-56 Analog of Phencyclidine; TPCP);]
5-57 [(4) unless specifically excepted or unless listed in
5-58 another schedule, a material, compound, mixture, or preparation
5-59 that contains any quantity of the following substances having a
5-60 depressant or stimulant effect on the central nervous system,
5-61 including the substance's salts, isomers, and salts of isomers if
5-62 the existence of the salts, isomers, and salts of isomers is
5-63 possible within the specific chemical designation:]
5-64 [Fenethylline;]
5-65 [Mecloqualone;]
5-66 [Methaqualone;]
5-67 [N-ethylamphetamine; and]
5-68 [Nitrazepam; and]
5-69 [(5) temporary listing of substances subject to
6-1 emergency scheduling by the Federal Drug Enforcement
6-2 Administration, and any material, compound, mixture, or preparation
6-3 that contains any quantity of the following substances:]
6-4 [N, N-dimethylamphetamine (Some trade or other
6-5 names: N,N,alpha-trimethylbenzeneethaneamine;
6-6 N,N,alpha-trimethylphenethylamine; including its salts, optical
6-7 isomers, and salts of optical isomers);]
6-8 [4-methylaminorex;]
6-9 [3, 4-methylenedioxy N-ethylamphetamine (Also
6-10 known as N-ethyl MDA);]
6-11 [N-hydroxy-3,4-methylenedioxyamphetamine (Also
6-12 known as N-hydroxy MDA).]
6-13 [(b) For the purposes of Subsection (a)(3) only, the term
6-14 "isomer" includes optical, position, and geometric isomers.]
6-15 [Sec. 481.033. SCHEDULE II. Schedule II consists of:]
6-16 [(1) the following substances, however
6-17 produced, except those narcotic drugs listed in other schedules:]
6-18 [(A) Opium and opiate, and a salt, compound,
6-19 derivative, or preparation of opium or opiate, other than naloxone
6-20 and its salts and naltrexone and its salts, but including:]
6-21 [Codeine;]
6-22 [Ethylmorphine;]
6-23 [Etorphine hydrochloride;]
6-24 [Granulated opium;]
6-25 [Hydrocodone;]
6-26 [Hydromorphone;]
6-27 [Metopon;]
6-28 [Morphine;]
6-29 [Opium extracts;]
6-30 [Opium fluid extracts;]
6-31 [Oxycodone;]
6-32 [Oxymorphone;]
6-33 [Powdered opium;]
6-34 [Raw opium;]
6-35 [Thebaine; and]
6-36 [Tincture of opium;]
6-37 [(B) a salt, compound, isomer, derivative, or
6-38 preparation of a substance that is chemically equivalent or
6-39 identical to a substance described by Paragraph (A), other than the
6-40 isoquinoline alkaloids of opium;]
6-41 [(C) Opium poppy and poppy straw;]
6-42 [(D) Cocaine, including:]
6-43 [(i) its salts, its optical, position, and
6-44 geometric isomers, and the salts of those isomers; and]
6-45 [(ii) coca leaves and a salt, compound,
6-46 derivative, or preparation of coca leaves that is chemically
6-47 equivalent or identical to a substance described by this
6-48 subparagraph or Subparagraph (i), other than decocainized coca
6-49 leaves or extractions of coca leaves that do not contain cocaine or
6-50 ecgonine; and]
6-51 [(E) Concentrate of poppy straw, meaning the
6-52 crude extract of poppy straw in liquid, solid, or powder form that
6-53 contains the phenanthrine alkaloids of the opium poppy;]
6-54 [(2) the following opiates, including their isomers,
6-55 esters, ethers, salts, and salts of isomers, if the existence of
6-56 these isomers, esters, ethers, and salts is possible within the
6-57 specific chemical designation:]
6-58 [Alphaprodine;]
6-59 [Anileridine;]
6-60 [Bezitramide;]
6-61 [Dextropropoxyphene, bulk (nondosage form);]
6-62 [Dihydrocodeine;]
6-63 [Diphenoxylate;]
6-64 [Fentanyl;]
6-65 [Isomethadone;]
6-66 [Levomethorphan;]
6-67 [Levorphanol;]
6-68 [Metazocine;]
6-69 [Methadone;]
7-1 [Methadone-Intermediate,
7-2 4-cyano-2-dimethylamino-4, 4-diphenyl butane;]
7-3 [Moramide-Intermediate, 2-methyl-3-morpholino-1,
7-4 1-diphenyl-propane-carboxylic acid;]
7-5 [Pethidine;]
7-6 [Pethidine-Intermediate-A,
7-7 4-cyano-1-methyl-4-phenylpiperidine;]
7-8 [Pethidine-Intermediate-B,
7-9 ethyl-4-phenylpiperidine-4-carboxylate;]
7-10 [Pethidine-Intermediate-C,
7-11 1-methyl-4-phenylpiperidine-4-carboxylic acid;]
7-12 [Phenazocine;]
7-13 [Piminodine;]
7-14 [Racemethorphan;]
7-15 [Racemorphan; and]
7-16 [Sufentanil;]
7-17 [(3) unless listed in another schedule and except as
7-18 provided by Section 481.037, a material, compound, mixture, or
7-19 preparation that contains any quantity of the following substances
7-20 having a potential for abuse associated with a stimulant effect on
7-21 the central nervous system:]
7-22 [Amphetamine, its salts, optical isomers, and
7-23 salts of its optical isomers;]
7-24 [Methamphetamine, including its salts, optical
7-25 isomers, and salts of optical isomers;]
7-26 [Methylphenidate and its salts; and]
7-27 [Phenmetrazine and its salts;]
7-28 [(4) unless listed in another schedule, a material,
7-29 compound, mixture, or preparation that contains any quantity of the
7-30 following substances having a depressant effect on the central
7-31 nervous system, including the substance's salts, isomers, and
7-32 salts of isomers if the existence of the salts, isomers, and salts
7-33 of isomers is possible within the specific chemical designation:]
7-34 [Amobarbital;]
7-35 [Secobarbital; and]
7-36 [Pentobarbital;]
7-37 [(5) unless specifically excepted or listed in another
7-38 schedule, a material, compound, mixture, or preparation that
7-39 contains any quantity of the following substances:]
7-40 [Immediate precursor to methamphetamine:]
7-41 [Phenylacetone and methylamine if possessed
7-42 together with intent to manufacture methamphetamine;]
7-43 [Immediate precursor to amphetamine and
7-44 methamphetamine:]
7-45 [Phenylacetone (some trade or other names:
7-46 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
7-47 ketone); and]
7-48 [Immediate precursors to phencyclidine (PCP):]
7-49 [1-phenylcyclohexylamine; and]
7-50 [1-piperidinocyclohexanecarbonitrile (PCC).]
7-51 [Sec. 481.034. SCHEDULE III. Schedule III consists of:]
7-52 [(1) unless listed in another schedule and except as
7-53 provided by Section 481.037, a material, compound, mixture, or
7-54 preparation that contains any quantity of the following substances
7-55 having a potential for abuse associated with a depressant effect on
7-56 the central nervous system:]
7-57 [a compound, mixture, or preparation containing
7-58 amobarbital, secobarbital, pentobarbital, or any of their salts and
7-59 one or more active medicinal ingredients that are not listed in a
7-60 schedule;]
7-61 [a suppository dosage form containing
7-62 amobarbital, secobarbital, pentobarbital, or any of their salts
7-63 and approved by the Food and Drug Administration for marketing only
7-64 as a suppository;]
7-65 [a substance that contains any quantity of a
7-66 derivative of barbituric acid, or any salt of a derivative of
7-67 barbituric acid, except those substances that are specifically
7-68 listed in other schedules;]
7-69 [Chlorhexadol;]
8-1 [Glutethimide;]
8-2 [Lysergic acid;]
8-3 [Lysergic acid amide;]
8-4 [Methyprylon;]
8-5 [Sulfondiethylmethane;]
8-6 [Sulfonethylmethane; and]
8-7 [Sulfonmethane;]
8-8 [(2) Nalorphine;]
8-9 [(3) a material, compound, mixture, or preparation
8-10 containing limited quantities of any of the following narcotic
8-11 drugs, or any of their salts:]
8-12 [not more than 1.8 grams of codeine, or any of
8-13 its salts, per 100 milliliters or not more than 90 milligrams per
8-14 dosage unit, with an equal or greater quantity of an isoquinoline
8-15 alkaloid of opium;]
8-16 [not more than 1.8 grams of codeine, or any of
8-17 its salts, per 100 milliliters or not more than 90 milligrams per
8-18 dosage unit, with one or more active, nonnarcotic ingredients in
8-19 recognized therapeutic amounts;]
8-20 [not more than 300 milligrams of
8-21 dihydrocodeinone, or any of its salts, per 100 milliliters or not
8-22 more than 15 milligrams per dosage unit, with a fourfold or greater
8-23 quantity of an isoquinoline alkaloid of opium;]
8-24 [not more than 300 milligrams of
8-25 dihydrocodeinone, or any of its salts, per 100 milliliters or not
8-26 more than 15 milligrams per dosage unit, with one or more active,
8-27 nonnarcotic ingredients in recognized therapeutic amounts;]
8-28 [not more than 1.8 grams of dihydrocodeine, or
8-29 any of its salts, per 100 milliliters or not more than 90
8-30 milligrams per dosage unit, with one or more active, nonnarcotic
8-31 ingredients in recognized therapeutic amounts;]
8-32 [not more than 300 milligrams of ethylmorphine,
8-33 or any of its salts, per 100 milliliters or not more than 15
8-34 milligrams per dosage unit, with one or more ingredients in
8-35 recognized therapeutic amounts;]
8-36 [not more than 500 milligrams of opium per 100
8-37 milliliters or per 100 grams, or not more than 25 milligrams per
8-38 dosage unit, with one or more active, nonnarcotic ingredients in
8-39 recognized therapeutic amounts;]
8-40 [not more than 50 milligrams of morphine, or any
8-41 of its salts, per 100 milliliters or per 100 grams with one or more
8-42 active, nonnarcotic ingredients in recognized therapeutic amounts;
8-43 and]
8-44 [(4) unless listed in another schedule, a material,
8-45 compound, mixture, or preparation that contains any quantity of
8-46 the following substances having a stimulant effect on the central
8-47 nervous system, including the substance's salts, optical,
8-48 position, or geometric isomers, and salts of the substance's
8-49 isomers, if the existence of the salts, isomers, and salts of
8-50 isomers is possible within the specific chemical designation:]
8-51 [Benzphetamine;]
8-52 [Chlorphentermine;]
8-53 [Clortermine; and]
8-54 [Phendimetrazine.]
8-55 [Sec. 481.035. SCHEDULE IV. Schedule IV consists of:]
8-56 [(1) except as provided by Section 481.037, a
8-57 material, compound, mixture, or preparation that contains any
8-58 quantity of the following substances having a potential for abuse
8-59 associated with a depressant effect on the central nervous system:]
8-60 [Alprazolam;]
8-61 [Barbital;]
8-62 [Chloral betaine;]
8-63 [Chloral hydrate;]
8-64 [Chlordiazepoxide;]
8-65 [Clonazepam;]
8-66 [Clorazepate;]
8-67 [Diazepam;]
8-68 [Ethchlorvynol;]
8-69 [Ethinamate;]
9-1 [Flurazepam;]
9-2 [Halazepam;]
9-3 [Lorazepam;]
9-4 [Mebutamate;]
9-5 [Meprobamate;]
9-6 [Methohexital;]
9-7 [Methylphenobarbital;]
9-8 [Oxazepam;]
9-9 [Paraldehyde;]
9-10 [Pentazocine, its salts, derivatives, compounds,
9-11 or mixtures;]
9-12 [Petrichloral;]
9-13 [Phenobarbital;]
9-14 [Prazepam;]
9-15 [Temazepam; and]
9-16 [Triazolam;]
9-17 [(2) unless listed in another schedule, a material,
9-18 compound, mixture, or preparation that contains any quantity of the
9-19 following substances having a stimulant effect on the central
9-20 nervous system, including the substance's salts, optical, position,
9-21 or geometric isomers, and salts of those isomers if the existence
9-22 of the salts, isomers, and salts of isomers is possible within the
9-23 specific designation:]
9-24 [Diethylpropion;]
9-25 [Fenfluramine;]
9-26 [Mazindol;]
9-27 [Pemoline (including organometallic complexes and
9-28 their chelates);]
9-29 [Phentermine;]
9-30 [Pipradol; and]
9-31 [SPA ((-)-1-dimethyamino-1, 2-diphenylethane);]
9-32 [(3) unless specifically excepted or unless listed in
9-33 another schedule, a material, compound, mixture, or preparation
9-34 that contains any quantity of the following substances, including
9-35 the substance's salts:]
9-36 [Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
9-37 2-diphenyl-3-methyl-2-propionoxybutane);]
9-38 [(4) unless specifically excepted or unless listed in
9-39 another schedule, a material, compound, mixture, or preparation
9-40 containing limited quantities of the following narcotic drug or its
9-41 salts:]
9-42 [not more than 1 milligram of difenoxin and not
9-43 less than 25 micrograms of atropine sulfate per dosage unit; and]
9-44 [(5) any human growth hormone or any of the following
9-45 anabolic steroids, or any isomer, ester, salt, or derivative of
9-46 the following that acts in the same manner on the human body:]
9-47 [Clostebol;]
9-48 [Dehydrochlormethyltestosterone;]
9-49 [Ethylestrenol;]
9-50 [Fluoxymesterone;]
9-51 [Mesterolone;]
9-52 [Methandienone;]
9-53 [Methandrostenolone;]
9-54 [Methenolone;]
9-55 [Methyltestosterone;]
9-56 [Nandrolone;]
9-57 [Norethandrolone;]
9-58 [Oxandrolone;]
9-59 [Oxymesterone;]
9-60 [Oxymetholone;]
9-61 [Stanozolol; and]
9-62 [Testosterone.]
9-63 [Sec. 481.036. SCHEDULE V. Schedule V consists of a
9-64 controlled substance that is a compound, mixture, or preparation
9-65 containing limited quantities of any of the following narcotic
9-66 drugs that also contain one or more nonnarcotic active medicinal
9-67 ingredients in sufficient proportion to confer on the compound,
9-68 mixture, or preparation valuable medicinal qualities other than
9-69 those possessed by the narcotic drug alone:]
10-1 [(1) not more than 200 milligrams of codeine, or any
10-2 of its salts, per 100 milliliters or per 100 grams;]
10-3 [(2) not more than 100 milligrams of dihydrocodeine,
10-4 or any of its salts, per 100 milliliters or per 100 grams;]
10-5 [(3) not more than 100 milligrams of ethylmorphine,
10-6 or any of its salts, per 100 milliliters or per 100 grams;]
10-7 [(4) not more than 2.5 milligrams of diphenoxylate and
10-8 not less than 25 micrograms of atropine sulfate per dosage unit;]
10-9 [(5) not more than 15 milligrams of opium per 29.5729
10-10 milliliters or per 28.35 grams; and]
10-11 [(6) not more than 0.5 milligrams of difenoxin and not
10-12 less than 25 micrograms of atropine sulfate per dosage unit.]
10-13 Sec. 481.033 [481.037]. EXCLUSION FROM SCHEDULES AND
10-14 APPLICATION OF ACT. (a) A nonnarcotic substance is excluded from
10-15 Schedules I through V if the substance may lawfully be sold over
10-16 the counter without a prescription, under the Federal Food, Drug,
10-17 and Cosmetic Act (21 U.S.C. Section 301 et seq.).
10-18 (b) The commissioner may not include in the schedules:
10-19 (1) a substance described by Subsection (a); or
10-20 (2) distilled spirits, wine, malt beverages, or
10-21 tobacco.
10-22 (c) A compound, mixture, or preparation containing a
10-23 stimulant substance listed in Schedule II and having a potential
10-24 for abuse associated with a stimulant effect on the central nervous
10-25 system [Section 481.033(3)] is excepted from the application of
10-26 this chapter if the compound, mixture, or preparation contains one
10-27 or more active medicinal ingredients not having a stimulant effect
10-28 on the central nervous system and if the admixtures are included in
10-29 combinations, quantity, proportions, or concentrations that vitiate
10-30 the potential for abuse of the substance having a stimulant effect
10-31 on the central nervous system.
10-32 (d) A compound, mixture, or preparation containing a
10-33 depressant substance listed in Schedule III or IV and having a
10-34 potential for abuse associated with a depressant effect on the
10-35 central nervous system [Section 481.034(1) or 481.035(1)] is
10-36 excepted from the application of this chapter if the compound,
10-37 mixture, or preparation contains one or more active medicinal
10-38 ingredients not having a depressant effect on the central nervous
10-39 system and if the admixtures are included in combinations,
10-40 quantity, proportions, or concentrations that vitiate the
10-41 potential for abuse of the substance having a depressant effect on
10-42 the central nervous system.
10-43 (e) A nonnarcotic prescription substance is exempted from
10-44 Schedules I through V and the application of this chapter to the
10-45 same extent that the substance has been exempted from the
10-46 application of the Federal Controlled Substances Act, if the
10-47 substance is listed as an exempt prescription product under 21
10-48 C.F.R. Section 1308.32 and its subsequent amendments.
10-49 (f) A chemical substance that is intended for laboratory,
10-50 industrial, educational, or special research purposes and not for
10-51 general administration to a human being or other animal is exempted
10-52 from Schedules I through V and the application of this chapter to
10-53 the same extent that the substance has been exempted from the
10-54 application of the Federal Controlled Substances Act, if the
10-55 substance is listed as an exempt chemical preparation under 21
10-56 C.F.R. Section 1308.24 and its subsequent amendments.
10-57 (g) An anabolic steroid product, which has no significant
10-58 potential for abuse due to concentration, preparation, mixture, or
10-59 delivery system, is exempted from Schedules I through V and the
10-60 application of this chapter to the same extent that the substance
10-61 has been exempted from the application of the Federal Controlled
10-62 Substances Act, if the substance is listed as an exempt anabolic
10-63 steroid product under 21 C.F.R. Section 1308.34 and its subsequent
10-64 amendments.
10-65 Sec. 481.034 [481.038]. ESTABLISHMENT AND MODIFICATION
10-66 [ALTERATION] OF SCHEDULES BY COMMISSIONER. (a) The commissioner
10-67 shall establish schedules of controlled [, with the approval of the
10-68 Texas Board of Health, may add] substances as described by Section
10-69 481.032 [to Schedules I through V] and may add, delete, or
11-1 reschedule substances listed in those schedules. The commissioner
11-2 shall assign a controlled substance to a schedule:
11-3 (1) in accordance with [subject to] Section 481.035;
11-4 and
11-5 (2) in a manner consistent with this subchapter
11-6 [481.039].
11-7 (b) Except for alterations in schedules required by
11-8 Subsection (g), the commissioner may not make an alteration in a
11-9 schedule unless the commissioner holds a public hearing on the
11-10 matter in Austin.
11-11 (c) The commissioner may not:
11-12 (1) add a substance to the schedules if[:]
11-13 [(1)] the substance has been deleted from the
11-14 schedules by the legislature; [or]
11-15 (2) delete a substance from the schedules if the
11-16 substance has been added to the schedules by the legislature; or
11-17 (3) reschedule a substance if the substance has been
11-18 placed in a schedule by the legislature [legislation attempting to
11-19 add the substance to the schedules has failed to pass when
11-20 considered by a quorum of either house of the legislature].
11-21 (d) In making a determination regarding a substance, the
11-22 commissioner shall consider:
11-23 (1) the actual or relative potential for its abuse;
11-24 (2) the scientific evidence of its pharmacological
11-25 effect, if known;
11-26 (3) the state of current scientific knowledge
11-27 regarding the substance;
11-28 (4) the history and current pattern of its abuse;
11-29 (5) the scope, duration, and significance of its
11-30 abuse;
11-31 (6) the risk to the public health;
11-32 (7) the potential of the substance to produce
11-33 psychological or physiological dependence liability; and
11-34 (8) whether the substance is an immediate precursor of
11-35 a substance already controlled under this chapter.
11-36 (e) After considering the factors listed in Subsection (d),
11-37 the commissioner shall make findings with respect to those factors
11-38 and adopt a rule controlling the substance if the commissioner
11-39 finds the substance has a potential for abuse.
11-40 (f) If the commissioner designates a substance as an
11-41 immediate precursor, a substance that is a precursor of the
11-42 controlled precursor is not subject to control solely because it
11-43 is a precursor of the controlled precursor.
11-44 (g) Except as otherwise provided by this subsection, if a
11-45 substance is designated, rescheduled, or deleted as a controlled
11-46 substance under federal law and notice of that fact is given to
11-47 the commissioner, the commissioner similarly shall control the
11-48 substance under this chapter. After the expiration of a 30-day
11-49 period beginning on the day after the date of publication in the
11-50 Federal Register of a final order designating a substance as a
11-51 controlled substance or rescheduling or deleting a substance, the
11-52 commissioner similarly shall designate, reschedule, or delete the
11-53 substance, unless the commissioner objects during the period. If
11-54 the commissioner objects, the commissioner shall publish the
11-55 reasons for the objection and give all interested parties an
11-56 opportunity to be heard. At the conclusion of the hearing, the
11-57 commissioner shall publish a decision, which is final unless
11-58 altered by statute. On publication of an objection by the
11-59 commissioner, control as to that particular substance under this
11-60 chapter is stayed until the commissioner publishes the
11-61 commissioner's decision.
11-62 (h) Not later than the 10th day after the date on which the
11-63 commissioner designates [adds], deletes, or reschedules a substance
11-64 under Subsection (a), the commissioner shall give written notice of
11-65 that action to the director and to each state licensing agency
11-66 having jurisdiction over practitioners.
11-67 Sec. 481.035 [481.039]. FINDINGS. (a) The commissioner
11-68 shall place a substance in Schedule I if the commissioner finds
11-69 that the substance:
12-1 (1) has a high potential for abuse; and
12-2 (2) has no accepted medical use in treatment in the
12-3 United States or lacks accepted safety for use in treatment under
12-4 medical supervision.
12-5 (b) The commissioner shall place a substance in Schedule II
12-6 if the commissioner finds that:
12-7 (1) the substance has a high potential for abuse;
12-8 (2) the substance has currently accepted medical use
12-9 in treatment in the United States; and
12-10 (3) abuse of the substance may lead to severe
12-11 psychological or physical dependence.
12-12 (c) The commissioner shall place a substance in Schedule III
12-13 if the commissioner finds that:
12-14 (1) the substance has a potential for abuse less than
12-15 that of the substances listed in Schedules I and II;
12-16 (2) the substance has currently accepted medical use
12-17 in treatment in the United States; and
12-18 (3) abuse of the substance may lead to moderate or low
12-19 physical dependence or high psychological dependence.
12-20 (d) The commissioner shall place a substance in Schedule IV
12-21 if the commissioner finds that:
12-22 (1) the substance has a lower potential for abuse than
12-23 that of the substances listed in Schedule III;
12-24 (2) the substance has currently accepted medical use
12-25 in treatment in the United States; and
12-26 (3) abuse of the substance may lead to a more limited
12-27 physical or psychological dependence than that of the substances
12-28 listed in Schedule III.
12-29 (e) The commissioner shall place a substance in Schedule V
12-30 if the commissioner finds that the substance:
12-31 (1) has a lower potential for abuse than that of the
12-32 substances listed in Schedule IV;
12-33 (2) has currently accepted medical use in treatment in
12-34 the United States; and
12-35 (3) may lead to a more limited physical or
12-36 psychological dependence liability than that of the substances
12-37 listed in Schedule IV.
12-38 Sec. 481.036 [481.040]. PUBLICATION OF SCHEDULES. (a) The
12-39 commissioner shall publish the schedules [annually] by filing a
12-40 certified copy of the schedules with the secretary of state for
12-41 publication in the Texas Register not later than the fifth working
12-42 day after the date the commissioner takes action under this
12-43 subchapter.
12-44 (b) Each published schedule must show changes, if any, made
12-45 in the schedule since its latest publication.
12-46 (c) An action by the commissioner that establishes or
12-47 modifies a schedule under this subchapter may take effect not
12-48 earlier than the 21st day after the date on which the schedule or
12-49 modification is published in the Texas Register unless an
12-50 emergency exists that necessitates earlier action to avoid an
12-51 imminent hazard to the public safety.
12-52 SECTION 3. Section 481.061(a), Health and Safety Code, is
12-53 amended to read as follows:
12-54 (a) Except as otherwise provided by this chapter, a [A]
12-55 person who is not a registrant may not manufacture, distribute,
12-56 prescribe, possess, analyze, or dispense a controlled substance in
12-57 this state [without a registration issued under this subchapter].
12-58 SECTION 4. Section 481.062(a), Health and Safety Code, is
12-59 amended to read as follows:
12-60 (a) The following persons are not required to register and
12-61 may possess a controlled substance under this chapter:
12-62 (1) an agent or employee of a registered manufacturer,
12-63 distributor, analyzer, or dispenser of the controlled substance
12-64 acting in the usual course of business or employment;
12-65 (2) a common or contract carrier, a warehouseman, or
12-66 an employee of a carrier or warehouseman whose possession of the
12-67 controlled substance is in the usual course of business or
12-68 employment;
12-69 (3) an ultimate user or a person in possession of the
13-1 controlled substance under a lawful order of a practitioner or in
13-2 lawful possession of the controlled substance if it is listed in
13-3 Schedule V;
13-4 (4) an officer or employee of this state, another
13-5 state, or the United States who is lawfully engaged in the
13-6 enforcement of a law relating to a controlled substance or drug or
13-7 to a customs law and authorized to possess the controlled substance
13-8 in the discharge of the person's official duties; or
13-9 (5) [(4)] if the substance is tetrahydrocannabinol or
13-10 one of its derivatives:
13-11 (A) a Texas Department of Health official, a
13-12 medical school researcher, or a research program participant
13-13 possessing the substance as authorized under Subchapter G; or
13-14 (B) a practitioner or an ultimate user
13-15 possessing the substance as a participant in a federally approved
13-16 therapeutic research program that the commissioner has reviewed
13-17 and found, in writing, to contain a medically responsible research
13-18 protocol.
13-19 SECTION 5. Sections 481.0621(a) and (c), Health and Safety
13-20 Code, are amended to read as follows:
13-21 (a) This subchapter does not apply to an educational or
13-22 research program of [a private school,] a school district[,] or a
13-23 public or private institution of higher education. This subchapter
13-24 does not apply to a manufacturer, wholesaler, retailer, or other
13-25 person who sells, transfers, or furnishes materials covered by this
13-26 subchapter to those educational or research programs.
13-27 (c) The department and the Texas [Central] Education Agency
13-28 shall adopt a memorandum of understanding that establishes the
13-29 responsibilities of the agency, the department, [private schools,]
13-30 and school districts in implementing and maintaining a program for
13-31 reporting information concerning controlled substances, controlled
13-32 substance analogues, chemical precursors, and chemical laboratory
13-33 apparatus used in educational or research activities of those
13-34 schools and school districts.
13-35 SECTION 6. Sections 481.063(a), (e), (f), and (g), Health
13-36 and Safety Code, are amended to read as follows:
13-37 (a) The director may refuse to [not] issue a registration to
13-38 a person to manufacture, distribute, analyze, or conduct research
13-39 with a controlled substance if the person fails or refuses to
13-40 provide to [unless] the director [receives] a consent form signed
13-41 by the person granting the director the right to inspect the
13-42 person's controlled premises and any record, controlled substance,
13-43 or other item covered by this chapter.
13-44 (e) An application for registration to manufacture,
13-45 distribute, analyze, [or] dispense, or conduct research with a
13-46 controlled substance may be denied on a finding that the applicant:
13-47 (1) has furnished [false or fraudulent] material
13-48 information in an application filed under this chapter that the
13-49 applicant knows is false or fraudulent;
13-50 (2) has been convicted of or placed on community
13-51 supervision or other probation for:
13-52 (A) a felony;
13-53 (B) a violation of this chapter or of Chapters
13-54 482-485; or
13-55 (C) an offense reasonably related to the
13-56 registration sought;
13-57 (3) has voluntarily surrendered or has had suspended,
13-58 denied, or revoked a registration or application for registration
13-59 to manufacture, distribute, analyze, or dispense controlled
13-60 substances under the Federal Controlled Substances Act;
13-61 (4) has had suspended, probated, or revoked a
13-62 registration or a practitioner's license under the laws of this
13-63 state or another state;
13-64 (5) has intentionally or knowingly failed to establish
13-65 and maintain effective security controls against diversion of
13-66 controlled substances into other than legitimate medical,
13-67 scientific, or industrial channels as provided by federal
13-68 regulations or laws, this chapter, or a rule adopted under this
13-69 chapter;
14-1 (6) has intentionally or knowingly [wilfully] failed
14-2 to maintain records required to be kept by this chapter or a rule
14-3 adopted under this chapter;
14-4 (7) [or] has [wilfully or unreasonably] refused to
14-5 allow an inspection authorized by this chapter or a rule adopted
14-6 under this chapter; [or]
14-7 (8) [(7)] has intentionally or knowingly violated this
14-8 chapter or a rule adopted under this chapter; or
14-9 (9) has voluntarily surrendered a registration that
14-10 has not been reinstated.
14-11 (f) The director may inspect the premises or establishment
14-12 of an applicant for registration in accordance with this chapter.
14-13 (g) A registration is valid until the first anniversary of
14-14 the date of issuance and may [must] be renewed [obtained] annually
14-15 under rules adopted by the director, unless a rule provides for a
14-16 longer period of validity or renewal.
14-17 SECTION 7. Section 481.066, Health and Safety Code, is
14-18 amended to read as follows:
14-19 Sec. 481.066. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION,
14-20 PROBATION, OR REVOCATION OF REGISTRATION. (a) The director [A
14-21 district court] may accept a voluntary surrender of a registration.
14-22 (b) The director may cancel, suspend, or revoke a
14-23 registration, place on probation a person whose license has been
14-24 suspended, or reprimand a registrant for a cause described by
14-25 Section 481.063(e).
14-26 (c) The director may cancel a registration that was issued
14-27 in error.
14-28 (d) The director [The attorney representing the state in
14-29 district court or the attorney general shall file and prosecute
14-30 appropriate judicial proceedings for the suspension or revocation
14-31 of a registrant's registration on presentation of competent
14-32 evidence by the director. A proceeding under this section may be
14-33 maintained in:]
14-34 [(1) the registrant's county of residence;]
14-35 [(2) the county in which the registrant maintains a
14-36 place of business or practice;]
14-37 [(3) the county in which a wrongful act under Section
14-38 481.063(e) was committed; or]
14-39 [(4) Travis County.]
14-40 [(b) A petition for the suspension or revocation of a
14-41 registration is sufficient if it substantially complies with the
14-42 following requirements:]
14-43 [(1) the petitioner must be "The State of Texas";]
14-44 [(2) the petition must be directed to the registrant
14-45 whose license is sought to be suspended or revoked;]
14-46 [(3) the petition must contain a short statement of
14-47 the cause of action sufficient to give notice of the grounds on
14-48 which suspension or revocation of the registration is sought;]
14-49 [(4) the petition must ask for a suspension or
14-50 revocation of the registration; and]
14-51 [(5) the petition must be verified by the director.]
14-52 [(c) A court that suspends or revokes a registration] may
14-53 limit the cancellation, suspension, probation, or revocation to the
14-54 particular schedule or controlled substance within a schedule for
14-55 which grounds for cancellation, suspension, probation, or
14-56 revocation exist.
14-57 (e) After accepting the voluntary surrender of a
14-58 registration or ordering the cancellation, suspension, probation,
14-59 or revocation of a registration, the director may seize or [(d) If
14-60 a registration is suspended or revoked, at the time of suspension
14-61 or the effective date of the revocation order the court may] place
14-62 under seal all controlled substances owned or possessed by the
14-63 registrant under the authority of that registration. If the
14-64 director orders the cancellation, suspension, probation, or
14-65 revocation of a registration, a [A] disposition may not be made of
14-66 the seized or sealed substances [under seal] until the time for
14-67 administrative appeal of the order has elapsed or until all appeals
14-68 have been concluded, except that the director [on an application
14-69 the court] may order the sale of perishable substances and deposit
15-1 of the proceeds of the sale in a special interest-bearing account
15-2 in the general revenue fund [with the court]. When a surrender or
15-3 cancellation, suspension, probation, or revocation order becomes
15-4 final, all controlled substances may be forfeited to the state as
15-5 provided under Subchapter E [Section 481.157].
15-6 (f) [(e)] The operation of a registrant in violation of this
15-7 section is a public nuisance, and the director may apply to any
15-8 court of competent jurisdiction for an injunction suspending the
15-9 registration of the registrant.
15-10 (g) Chapter 2001, Government Code, applies to a proceeding
15-11 [(f) The Rules of Civil Procedure govern proceedings] under this
15-12 section to the extent that that chapter does [they do] not conflict
15-13 with this subchapter [section].
15-14 (h) [(g)] The director shall promptly notify appropriate
15-15 state agencies of an order accepting a voluntary surrender or
15-16 canceling, suspending, probating, or revoking a registration and
15-17 the forfeiture of controlled substances.
15-18 (i) The director shall give written notice to the applicant
15-19 or registrant of the acceptance of a voluntary surrender of a
15-20 registration, or of the cancellation, suspension, probation,
15-21 revocation, or denial of a registration. The notice shall be sent
15-22 by registered mail, return receipt requested, to the most current
15-23 address of the applicant or registrant contained in the files of
15-24 the Department of Public Safety.
15-25 (j) After a voluntary surrender, cancellation, suspension,
15-26 probation, revocation, or denial of a registration, on petition of
15-27 the applicant or former registrant, the director may issue or
15-28 reinstate the registration for good cause shown by the petitioner.
15-29 SECTION 8. Sections 481.071(b) and (c), Health and Safety
15-30 Code, are amended to read as follows:
15-31 (b) An anabolic steroid or human growth hormone listed in
15-32 Schedule III [Section 481.035] may only be:
15-33 (1) dispensed, prescribed, delivered, or administered
15-34 by a practitioner, as defined by Section 481.002(39)(A), for a
15-35 valid medical purpose and in the course of professional practice;
15-36 or
15-37 (2) dispensed or delivered by a pharmacist according
15-38 to a prescription issued by a practitioner, as defined by Section
15-39 481.002(39)(A) or (C), for a valid medical purpose and in the
15-40 course of professional practice.
15-41 (c) For the purposes of Subsection (b), bodybuilding, muscle
15-42 enhancement, or increasing muscle bulk or strength through the use
15-43 of an anabolic steroid or human growth hormone listed in Schedule
15-44 III [Section 481.035] by a person who is in good health is not a
15-45 valid medical purpose.
15-46 SECTION 9. Sections 481.074(h), (i), and (k), Health and
15-47 Safety Code, are amended to read as follows:
15-48 (h) A pharmacist may dispense a controlled substance listed
15-49 in Schedule III, IV, or V under an original written prescription
15-50 issued by a practitioner defined by Section 481.002(39)(C)
15-51 [481.002(38)(C)] and only if the pharmacist determines that the
15-52 prescription was issued for a valid medical purpose and in the
15-53 course of professional practice. A prescription issued under this
15-54 subsection may not be filled or refilled later than six months
15-55 after the date the prescription is issued, and a prescription
15-56 authorized to be refilled on the original prescription may not be
15-57 refilled more than five times.
15-58 (i) A person may not dispense a controlled substance listed
15-59 in Schedule V and containing 200 milligrams or less of codeine, or
15-60 any of its salts, per 100 milliliters or per 100 grams, or
15-61 containing 100 milligrams or less of dihydrocodeine, or any of its
15-62 salts, per 100 milliliters or per 100 grams, [Section 481.036(1) or
15-63 (2)] without the prescription of a practitioner defined by Section
15-64 481.002(39)(A), except that a practitioner may dispense the
15-65 substance directly to an ultimate user. A prescription issued
15-66 under this subsection may not be filled or refilled later than six
15-67 months after the date the prescription is issued and may not be
15-68 refilled more than five times, unless the prescription is renewed
15-69 by the practitioner.
16-1 (k) A prescription for a controlled substance must show:
16-2 (1) the quantity of the substance prescribed:
16-3 (A) numerically, followed by the number written
16-4 as a word, if the prescription is written; or
16-5 (B) if the prescription is communicated orally
16-6 or telephonically, as transcribed by the receiving pharmacist;
16-7 (2) the date of issue;
16-8 (3) the name and address of the patient or, if the
16-9 controlled substance is prescribed for an animal, the species of
16-10 the animal and the name and address of its owner;
16-11 (4) the name and strength of the controlled substance
16-12 prescribed;
16-13 (5) the directions for use of the controlled
16-14 substance;
16-15 [(6) the legibly stamped or printed name, address,
16-16 Federal Drug Enforcement Administration registration number, and
16-17 telephone number of the practitioner at the practitioner's usual
16-18 place of business.]
16-19 (6) the intended use of the substance prescribed
16-20 [drug] unless the practitioner determines the furnishing of this
16-21 information is not in the best interest of the patient; and
16-22 (7) the legibly printed or stamped name, address,
16-23 Federal Drug Enforcement Administration registration number, and
16-24 telephone number of the practitioner at the practitioner's usual
16-25 place of business[, legibly printed or stamped].
16-26 SECTION 10. Sections 481.077(a), (b), (c), (k), and (l),
16-27 Health and Safety Code, are amended to read as follows:
16-28 (a) Except as provided by Subsection (l), a person who
16-29 sells, transfers, or otherwise furnishes any of the following
16-30 precursor substances to a person shall make an accurate and
16-31 legible record of the transaction and maintain the record for at
16-32 least two years after the date of the transaction:
16-33 (1) Methylamine;
16-34 (2) Ethylamine;
16-35 (3) D-lysergic acid;
16-36 (4) Ergotamine tartrate;
16-37 (5) Diethyl malonate;
16-38 (6) Malonic acid;
16-39 (7) Ethyl malonate;
16-40 (8) Barbituric acid;
16-41 (9) Piperidine;
16-42 (10) N-acetylanthranilic acid;
16-43 (11) Pyrrolidine;
16-44 (12) Phenylacetic acid;
16-45 (13) Anthranilic acid;
16-46 (14) [Morpholine;]
16-47 [(15)] Ephedrine;
16-48 (15) [(16)] Pseudoephedrine;
16-49 (16) Norpseudoephedrine [or norpseudoephedrine]; or
16-50 (17) Phenylpropanolamine.
16-51 (b) The director by rule may:
16-52 (1) name an additional chemical substance as a
16-53 precursor [substances as precursors] for purposes of Subsection
16-54 (a) if the director determines that public health and welfare are
16-55 jeopardized by evidenced proliferation or use of the [a chemical]
16-56 substance [used] in the illicit manufacture of a controlled
16-57 substance or controlled substance analogue; or
16-58 (2) [. The director by rule may] delete a substance
16-59 listed in [named as a precursor for purposes of] Subsection (a) if
16-60 the director determines that the substance does not jeopardize
16-61 public health and welfare or is not used in the illicit manufacture
16-62 of a controlled substance or a controlled substance analogue.
16-63 (c) This section and Section 481.078 do not apply to a
16-64 person to whom a registration has been issued under Section 481.063
16-65 [The Department of Public Safety shall file with the secretary of
16-66 state a certified copy of a rule adopted under this section].
16-67 (k) Unless the person is the holder of only a permit issued
16-68 under Section 481.078(b)(1), a [A] manufacturer, wholesaler,
16-69 retailer, or other person who sells, transfers, or otherwise
17-1 furnishes any substance subject to Subsection (a) or a permit
17-2 holder, commercial purchaser, or other person who receives a
17-3 substance governed by Subsection (a):
17-4 (1) shall maintain records and inventories in
17-5 accordance with rules established by the director;
17-6 (2) [and] shall allow a member of the Department of
17-7 Public Safety or a peace officer to conduct audits and inspect
17-8 records of purchases and sales and all other records made in
17-9 accordance with this section at any reasonable time; and
17-10 (3) may not interfere with the audit or with the full
17-11 and complete inspection or copying of those records [. This
17-12 subsection does not apply to a recipient who has obtained a
17-13 precursor substance subject to Subsection (a) and who is a permit
17-14 holder under Section 481.078].
17-15 (l) This section does not apply to the sale or transfer of a
17-16 nonnarcotic product that includes a precursor substance subject to
17-17 Subsection (a) if the sale or transfer complies with federal law
17-18 and involves a product that may be sold lawfully with a
17-19 prescription or over the counter without a prescription under the
17-20 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
17-21 seq.) or a rule adopted under that Act.
17-22 SECTION 11. Section 481.078, Health and Safety Code, is
17-23 amended by amending Subsections (b) and (e) and adding Subsection
17-24 (f) to read as follows:
17-25 (b) The director [Department of Public Safety] by rule shall
17-26 adopt [develop] procedures and standards for the issuance and
17-27 renewal or the voluntary surrender, cancellation, suspension,
17-28 probation, or revocation of:
17-29 (1) a permit for one sale, transfer, receipt, or
17-30 otherwise furnishing of a controlled substance precursor; or
17-31 (2) a permit for more than one sale, transfer,
17-32 receipt, or otherwise furnishing of a controlled substance
17-33 precursor.
17-34 (e) The director may not issue a permit under this section
17-35 unless the person applying for the permit delivers to the director
17-36 a written consent to inspect signed by the person that grants to
17-37 the director the right to inspect any controlled premises, record,
17-38 chemical precursor, or other item governed by this chapter in the
17-39 care, custody, or control of the person. After the director
17-40 receives the consent, the director may inspect any controlled
17-41 premises, record, chemical precursor, or other item to which the
17-42 consent applies.
17-43 (f) The director may adopt rules to establish security
17-44 controls and provide for the inspection of a place, entity, or item
17-45 to which a chemical precursor transfer permit applies.
17-46 [Department of Public Safety shall file with the secretary of state
17-47 a certified copy of a rule adopted under this section.]
17-48 SECTION 12. Sections 481.080(a), (d), (e), and (m), Health
17-49 and Safety Code, are amended to read as follows:
17-50 (a) In this section, "chemical laboratory apparatus" means
17-51 any item of equipment designed, made, or adapted to manufacture a
17-52 controlled substance or a controlled substance analogue, including:
17-53 (1) a condenser [condensers];
17-54 (2) a distilling apparatus;
17-55 (3) a vacuum drier [dryers];
17-56 (4) a three-neck or [flasks;]
17-57 [(5)] distilling flask;
17-58 (5) a [flasks;]
17-59 [(6)] tableting machine;
17-60 (6) an [machines; or]
17-61 [(7)] encapsulating machine;
17-62 (7) a filter, Buchner, or separatory funnel;
17-63 (8) an Erlenmeyer, two-neck, or single-neck flask;
17-64 (9) a round-bottom, Florence, thermometer, or
17-65 filtering flask;
17-66 (10) a Soxhlet extractor;
17-67 (11) a transformer;
17-68 (12) a flask heater;
17-69 (13) a heating mantel; or
18-1 (14) an adaptor tube [machines].
18-2 (d) The director by rule may:
18-3 (1) name additional chemical laboratory apparatus for
18-4 purposes of Subsection (a) if the director determines that public
18-5 health and welfare are jeopardized by evidenced proliferation or
18-6 use of a chemical laboratory apparatus in the illicit manufacture
18-7 of a controlled substance or controlled substance analogue; or
18-8 (2) [. The director by rule may] delete an apparatus
18-9 listed in Subsection (a) if the director determines that the
18-10 apparatus does not jeopardize public health and welfare or is not
18-11 used in the illicit manufacture of a controlled substance or a
18-12 controlled substance analogue.
18-13 (e) This section and Section 481.081 do not apply to a
18-14 person to whom a registration has been issued under Section 481.063
18-15 [The Department of Public Safety shall file with the secretary of
18-16 state a certified copy of a rule adopted under this section].
18-17 (m) This subsection applies to a [A] manufacturer,
18-18 wholesaler, retailer, or other person who sells, transfers, or
18-19 otherwise furnishes any apparatus subject to Subsection (a) and to
18-20 a permit holder, commercial purchaser, or other person who receives
18-21 an apparatus governed by Subsection (a) unless the person is the
18-22 holder of only a permit issued under Section 481.081(b)(1). A
18-23 person covered by this subsection:
18-24 (1) shall maintain records and inventories in
18-25 accordance with rules established by the director;
18-26 (2) [and] shall allow a member of the Department of
18-27 Public Safety or a peace officer to conduct audits and inspect
18-28 records of purchases and sales and all other records made in
18-29 accordance with this section at any reasonable time; and
18-30 (3) may not interfere with the audit or with the full
18-31 and complete inspection or copying of those records [. This
18-32 subsection does not apply to a recipient who has obtained a
18-33 chemical laboratory apparatus subject to Subsection (a) and who is
18-34 a permit holder under Section 481.081].
18-35 SECTION 13. Section 481.081, Health and Safety Code, is
18-36 amended by amending Subsections (b) and (e) and adding Subsection
18-37 (f) to read as follows:
18-38 (b) The director [Department of Public Safety] by rule shall
18-39 adopt [develop] procedures and standards for the issuance and
18-40 renewal or the voluntary surrender, cancellation, suspension,
18-41 probation, or revocation of:
18-42 (1) a permit for one sale, transfer, receipt, or
18-43 otherwise furnishing of a chemical laboratory apparatus; or
18-44 (2) a permit for more than one sale, transfer,
18-45 receipt, or otherwise furnishing of a chemical laboratory
18-46 apparatus.
18-47 (e) The director may not issue a permit under this section
18-48 unless the person applying for the permit delivers to the director
18-49 a written consent to inspect signed by the person that grants to
18-50 the director the right to inspect any controlled premises, record,
18-51 chemical laboratory apparatus, or other item governed by this
18-52 chapter in the care, custody, or control of the person. After the
18-53 director receives the consent, the director may inspect any
18-54 controlled premises, record, chemical laboratory apparatus, or
18-55 other item to which the consent applies.
18-56 (f) The director may by rule establish security controls and
18-57 provide for the inspection of a place, entity, or item to which a
18-58 chemical laboratory apparatus transfer permit applies. [Department
18-59 of Public Safety shall file with the secretary of state a certified
18-60 copy of a rule adopted under this section.]
18-61 SECTION 14. Section 481.102, Health and Safety Code, is
18-62 amended to read as follows:
18-63 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
18-64 (1) the following opiates, including their isomers,
18-65 esters, ethers, salts, and salts of isomers, esters, and ethers,
18-66 unless specifically excepted, if the existence of these isomers,
18-67 esters, ethers, and salts is possible within the specific chemical
18-68 designation:
18-69 Alfentanil;
19-1 Allylprodine;
19-2 Alphacetylmethadol;
19-3 Benzethidine;
19-4 Betaprodine;
19-5 Clonitazene;
19-6 Diampromide;
19-7 Diethylthiambutene;
19-8 Difenoxin not listed in Penalty Group 3 or 4;
19-9 Dimenoxadol;
19-10 Dimethylthiambutene;
19-11 Dioxaphetyl butyrate;
19-12 Dipipanone;
19-13 Ethylmethylthiambutene;
19-14 Etonitazene;
19-15 Etoxeridine;
19-16 Furethidine;
19-17 Hydroxypethidine;
19-18 Ketobemidone;
19-19 Levophenacylmorphan;
19-20 Meprodine;
19-21 Methadol;
19-22 Moramide;
19-23 Morpheridine;
19-24 Noracymethadol;
19-25 Norlevorphanol;
19-26 Normethadone;
19-27 Norpipanone;
19-28 Phenadoxone;
19-29 Phenampromide;
19-30 Phenomorphan;
19-31 Phenoperidine;
19-32 Piritramide;
19-33 Proheptazine;
19-34 Properidine;
19-35 Propiram;
19-36 Sufentanil;
19-37 Tilidine; and
19-38 Trimeperidine;
19-39 (2) the following opium derivatives, their salts,
19-40 isomers, and salts of isomers, unless specifically excepted, if the
19-41 existence of these salts, isomers, and salts of isomers is
19-42 possible within the specific chemical designation:
19-43 Acetorphine;
19-44 Acetyldihydrocodeine;
19-45 Benzylmorphine;
19-46 Codeine methylbromide;
19-47 Codeine-N-Oxide;
19-48 Cyprenorphine;
19-49 Desomorphine;
19-50 Dihydromorphine;
19-51 Drotebanol;
19-52 Etorphine, except hydrochloride salt;
19-53 Heroin;
19-54 Hydromorphinol;
19-55 Methyldesorphine;
19-56 Methyldihydromorphine;
19-57 Monoacetylmorphine;
19-58 Morphine methylbromide;
19-59 Morphine methylsulfonate;
19-60 Morphine-N-Oxide;
19-61 Myrophine;
19-62 Nicocodeine;
19-63 Nicomorphine;
19-64 Normorphine;
19-65 Pholcodine; and
19-66 Thebacon;
19-67 (3) the following substances, however produced, except
19-68 those narcotic drugs listed in another group:
19-69 (A) Opium and opiate not listed in Penalty Group
20-1 3 or 4, and a salt, compound, derivative, or preparation of opium
20-2 or opiate, other than thebaine derived butorphanol, nalmefene and
20-3 its salts, naloxone and its salts, and naltrexone and its salts,
20-4 but including:
20-5 Codeine not listed in Penalty Group 3 or 4;
20-6 Ethylmorphine not listed in Penalty Group 3
20-7 or 4;
20-8 Granulated opium;
20-9 Hydrocodone not listed in Penalty Group 3;
20-10 Hydromorphone;
20-11 Metopon;
20-12 Morphine not listed in Penalty Group 3;
20-13 Opium extracts;
20-14 Opium fluid extracts;
20-15 Oxycodone;
20-16 Oxymorphone;
20-17 Powdered opium;
20-18 Raw opium;
20-19 Thebaine; and
20-20 Tincture of opium;
20-21 (B) a salt, compound, isomer, derivative, or
20-22 preparation of a substance that is chemically equivalent or
20-23 identical to a substance described by Paragraph (A), other than
20-24 the isoquinoline alkaloids of opium;
20-25 (C) Opium poppy and poppy straw;
20-26 (D) Cocaine, including:
20-27 (i) its salts, its optical, position, and
20-28 geometric isomers, and the salts of those isomers;
20-29 (ii) coca leaves and a salt, compound,
20-30 derivative, or preparation of coca leaves;
20-31 (iii) a salt, compound, derivative, or
20-32 preparation of a salt, compound, or derivative that is chemically
20-33 equivalent or identical to a substance described by Subparagraph
20-34 (i) or (ii), other than decocainized coca leaves or extractions of
20-35 coca leaves that do not contain cocaine or ecgonine; and
20-36 (E) concentrate of poppy straw, meaning the
20-37 crude extract of poppy straw in liquid, solid, or powder form that
20-38 contains the phenanthrine alkaloids of the opium poppy[; and]
20-39 [(F) temporary listing of substances subject to
20-40 emergency scheduling by the Federal Drug Enforcement
20-41 Administration];
20-42 (4) the following opiates, including their isomers,
20-43 esters, ethers, salts, and salts of isomers, if the existence of
20-44 these isomers, esters, ethers, and salts is possible within the
20-45 specific chemical designation:
20-46 Acetyl-alpha-methylfentanyl
20-47 (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide);
20-48 Alpha-methylthiofentanyl
20-49 (N-(1-methyl-2-(2-thienyl)ethyl-4-piperidinyl)-N-phenylpropanamide);
20-50 Alphaprodine;
20-51 Anileridine;
20-52 Beta-hydroxyfentanyl
20-53 (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenylpropanamide);
20-54 Beta-hydroxy-3-methylfentanyl;
20-55 Bezitramide;
20-56 Carfentanil;
20-57 Dihydrocodeine not listed in Penalty Group 3 or
20-58 4;
20-59 Diphenoxylate not listed in Penalty Group 3 or 4;
20-60 Fentanyl or alpha-methylfentanyl, or any other
20-61 derivative of Fentanyl;
20-62 Isomethadone;
20-63 Levomethorphan;
20-64 Levorphanol;
20-65 Metazocine;
20-66 Methadone;
20-67 Methadone-Intermediate,
20-68 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
20-69 3-methylfentanyl(N-(3-methyl-1-(2-phenylethyl)-
21-1 4-piperidyl)-N-phenylpropanamide);
21-2 3-methylthiofentanyl(N-(3-methyl-1-(2-thienyl)
21-3 ethyl-4-piperidinyl[piperidyl])-N-phenylpropanamide);
21-4 Moramide-Intermediate, 2-methyl-3-morpholino-1,
21-5 1-diphenyl-propane-carboxylic acid;
21-6 Para-fluorofentanyl(N-(4-fluorophenyl)-N-(1-
21-7 (2-phenylethyl)-4-piperidinyl)propanamide);
21-8 PEPAP
21-9 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
21-10 Pethidine (Meperidine);
21-11 Pethidine-Intermediate-A,
21-12 4-cyano-1-methyl-4-phenylpiperidine;
21-13 Pethidine-Intermediate-B,
21-14 ethyl-4-phenylpiperidine-4 carboxylate;
21-15 Pethidine-Intermediate-C,
21-16 1-methyl-4-phenylpiperidine-4-carboxylic acid;
21-17 Phenazocine;
21-18 Piminodine;
21-19 Racemethorphan;
21-20 Racemorphan; and
21-21 Thiofentanyl(N-phenyl-N-(1-(2-thienyl)ethyl-4-
21-22 piperidinyl)-propanamide);
21-23 (5) Flunitrazepam (some trade or other names:
21-24 Rohypnol) [Lysergic acid diethylamide, including its salts,
21-25 isomers, and salts of isomers];
21-26 (6) Methamphetamine, including its salts, optical
21-27 isomers, and salts of optical isomers;
21-28 (7) Phenylacetone and methylamine, if possessed
21-29 together with intent to manufacture methamphetamine; [and]
21-30 (8) Phencyclidine, including its salts; and
21-31 (9) Gamma hydroxybutyrate, including its salts.
21-32 SECTION 15. Subchapter D, Chapter 481, Health and Safety
21-33 Code, is amended by adding Section 481.1021 to read as follows:
21-34 Sec. 481.1021. PENALTY GROUP 1-A. Penalty Group 1-A
21-35 consists of lysergic acid diethylamide (LSD), including its salts,
21-36 isomers, and salts of isomers.
21-37 SECTION 16. Section 481.103, Health and Safety Code, is
21-38 amended to read as follows:
21-39 Sec. 481.103. PENALTY GROUP 2. (a) Penalty Group 2
21-40 consists of:
21-41 (1) any quantity of the following hallucinogenic
21-42 substances, their salts, isomers, and salts of isomers, unless
21-43 specifically excepted, if the existence of these salts, isomers,
21-44 and salts of isomers is possible within the specific chemical
21-45 designation:
21-46 alpha-ethyltryptamine;
21-47 4-bromo-2, 5-dimethoxyamphetamine (some trade or
21-48 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
21-49 4-bromo-2, 5-DMA);
21-50 4-bromo-2, 5-dimethoxyphenethylamine;
21-51 Bufotenine (some trade and other names:
21-52 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
21-53 3-(2-dimethylaminoethyl)-5- indolol; N, N-dimethylserotonin;
21-54 5-hydroxy-N, N-dimethyltryptamine; mappine);
21-55 Diethyltryptamine (some trade and other names:
21-56 N, N-Diethyltryptamine, DET);
21-57 2, 5-dimethoxyamphetamine (some trade or other
21-58 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
21-59 2, 5-dimethoxy-4-ethylamphetamine (some trade or
21-60 other names: DOET);
21-61 Dimethyltryptamine (some trade and other names:
21-62 DMT);
21-63 Dronabinol (synthetic) in sesame oil and
21-64 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
21-65 Administration approved drug product (some trade or other names
21-66 for Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
21-67 6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
21-68 (-)-delta-9-(trans)-tetrahydrocannabinol);
21-69 Ethylamine Analog of Phencyclidine (some trade or
22-1 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
22-2 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
22-3 PCE);
22-4 Ibogaine (some trade or other names: 7-Ethyl-6,
22-5 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
22-6 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
22-7 tabernanthe iboga.);
22-8 Mescaline;
22-9 5-methoxy-3, 4-methylenedioxy amphetamine;
22-10 4-methoxyamphetamine (some trade or other names:
22-11 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
22-12 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
22-13 PPMP);
22-14 4-methyl-2, 5-dimethoxyamphetamine (some trade
22-15 and other names: 4-methyl-2,
22-16 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
22-17 3,4-methylenedioxy methamphetamine (MDMA, MDM);
22-18 3,4-methylenedioxy amphetamine;
22-19 3,4-methylenedioxy N-ethylamphetamine (Also known
22-20 as N-ethyl MDA);
22-21 Nabilone (Another name for nabilone:
22-22 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
22-23 hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
22-24 N-ethyl-3-piperidyl benzilate;
22-25 N-hydroxy-3,4-methylenedioxyamphetamine (Also
22-26 known as N-hydroxy MDA);
22-27 4-methylaminorex;
22-28 N-methyl-3-piperidyl benzilate;
22-29 Parahexyl (some trade or other names:
22-30 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
22-31 9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
22-32 1-Phenylcyclohexylamine;
22-33 1-Piperidinocyclohexanecarbonitrile (PCC);
22-34 Psilocin;
22-35 Psilocybin;
22-36 Pyrrolidine Analog of Phencyclidine (some trade
22-37 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
22-38 Tetrahydrocannabinols, other than marihuana, and
22-39 synthetic equivalents of the substances contained in the plant, or
22-40 in the resinous extractives of Cannabis, or synthetic substances,
22-41 derivatives, and their isomers with similar chemical structure and
22-42 pharmacological activity such as:
22-43 delta-1 cis or trans tetrahydrocannabinol,
22-44 and their optical isomers;
22-45 delta-6 cis or trans tetrahydrocannabinol,
22-46 and their optical isomers;
22-47 delta-3, 4 cis or trans
22-48 tetrahydrocannabinol, and its optical isomers;
22-49 compounds of these structures, regardless
22-50 of numerical designation of atomic positions, since nomenclature of
22-51 these substances is not internationally standardized;
22-52 Thiophene Analog of Phencyclidine (some trade or
22-53 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
22-54 Analog of Phencyclidine; TPCP, TCP);
22-55 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
22-56 trade or other names: TCPy); and
22-57 3,4,5-trimethoxy amphetamine;
22-58 (2) Phenylacetone (some trade or other names:
22-59 Phenyl-2-propanone; P2P [P-2-P], Benzymethyl ketone, methyl benzyl
22-60 ketone); and
22-61 (3) unless specifically excepted or unless listed in
22-62 another Penalty Group, a material, compound, mixture, or
22-63 preparation that contains any quantity of the following substances
22-64 having a potential for abuse associated with a depressant or
22-65 stimulant effect on the central nervous system:
22-66 Aminorex (some trade or other names:
22-67 aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
22-68 4,5-dihydro-5-phenyl-2-oxazolamine);
22-69 Amphetamine, its salts, optical isomers, and
23-1 salts of optical isomers;
23-2 Cathinone (some trade or other names:
23-3 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
23-4 2-aminopropiophenone);
23-5 Etorphine Hydrochloride;
23-6 Fenethylline and its salts;
23-7 Mecloqualone and its salts;
23-8 Methaqualone and its salts;
23-9 Methcathinone (some trade or other names:
23-10 2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
23-11 2-(methylamino)-1-phenylpropan-1-one;
23-12 alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
23-13 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
23-14 1431);
23-15 N-Ethylamphetamine, its salts, optical isomers,
23-16 and salts of optical isomers; and
23-17 N,N-dimethylamphetamine (some trade or other
23-18 names: N,N,alpha-trimethylbenzeneethaneamine;
23-19 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
23-20 salts of optical isomers.
23-21 (b) For the purposes of Subsection (a)(1) only, the term
23-22 "isomer" includes an optical, position, or geometric isomer.
23-23 SECTION 17. Section 481.104, Health and Safety Code, is
23-24 amended to read as follows:
23-25 Sec. 481.104. PENALTY GROUP 3. (a) Penalty Group 3
23-26 consists of:
23-27 (1) a material, compound, mixture, or preparation that
23-28 contains any quantity of the following substances having a
23-29 potential for abuse associated with a stimulant effect on the
23-30 central nervous system:
23-31 Methylphenidate and its salts; and
23-32 Phenmetrazine and its salts;
23-33 (2) a material, compound, mixture, or preparation that
23-34 contains any quantity of the following substances having a
23-35 potential for abuse associated with a depressant effect on the
23-36 central nervous system:
23-37 a substance that contains any quantity of a
23-38 derivative of barbituric acid, or any salt of a derivative of
23-39 barbituric acid not otherwise covered by this subsection;
23-40 a compound, mixture, or preparation containing
23-41 amobarbital, secobarbital, pentobarbital, or any salt of any of
23-42 these, and one or more active medicinal ingredients that are not
23-43 listed in any penalty group;
23-44 a suppository dosage form containing amobarbital,
23-45 secobarbital, pentobarbital, or any salt of any of these drugs, and
23-46 approved by the United States Food and Drug Administration for
23-47 marketing only as a suppository;
23-48 Alprazolam;
23-49 Amobarbital;
23-50 Bromazepam;
23-51 Camazepam;
23-52 Chlordiazepoxide;
23-53 Chlorhexadol;
23-54 Clobazam;
23-55 Clonazepam;
23-56 Clorazepate;
23-57 Clotiazepam;
23-58 Cloxazolam;
23-59 Delorazepam;
23-60 Diazepam;
23-61 Estazolam;
23-62 Ethyl loflazepate;
23-63 Fludiazepam;
23-64 [Flunitrazepam;]
23-65 Flurazepam;
23-66 Glutethimide;
23-67 Halazepam;
23-68 Haloxzolam;
23-69 Ketazolam;
24-1 Loprazolam;
24-2 Lorazepam;
24-3 Lormetazepam;
24-4 Lysergic acid, including its salts, isomers, and
24-5 salts of isomers;
24-6 Lysergic acid amide, including its salts,
24-7 isomers, and salts of isomers;
24-8 Mebutamate;
24-9 Medazepam;
24-10 Methyprylon;
24-11 Midazolam;
24-12 Nimetazepam;
24-13 Nitrazepam;
24-14 Nordiazepam;
24-15 Oxazepam;
24-16 Oxazolam;
24-17 Pentazocine, its salts, derivatives, or compounds
24-18 or mixtures thereof;
24-19 Pentobarbital;
24-20 Pinazepam;
24-21 Prazepam;
24-22 Quazepam;
24-23 Secobarbital;
24-24 Sulfondiethylmethane;
24-25 Sulfonethylmethane;
24-26 Sulfonmethane;
24-27 Temazepam;
24-28 Tetrazepam;
24-29 Tiletamine and zolazepam in combination, and its
24-30 salts. (some trade or other names for a tiletamine-zolazepam
24-31 combination product: Telazol, for tiletamine:
24-32 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
24-33 4-(2-fluorophenyl)-6,
24-34 8-dihydro-1,3,8,-trimethylpyrazolo-(3,4-e)(1,4)-d
24-35 diazepin-7(1H)-one, flupyrazapon); [and]
24-36 Triazolam; and
24-37 Zolpidem;
24-38 (3) Nalorphine;
24-39 (4) a material, compound, mixture, or preparation
24-40 containing limited quantities of the following narcotic drugs, or
24-41 any of their salts:
24-42 not more than 1.8 grams of codeine, or any of its
24-43 salts, per 100 milliliters or not more than 90 milligrams per
24-44 dosage unit, with an equal or greater quantity of an isoquinoline
24-45 alkaloid of opium;
24-46 not more than 1.8 grams of codeine, or any of its
24-47 salts, per 100 milliliters or not more than 90 milligrams per
24-48 dosage unit, with one or more active, nonnarcotic ingredients in
24-49 recognized therapeutic amounts;
24-50 not more than 300 milligrams of dihydrocodeinone
24-51 (hydrocodone), or any of its salts, per 100 milliliters or not more
24-52 than 15 milligrams per dosage unit, with a fourfold or greater
24-53 quantity of an isoquinoline alkaloid of opium;
24-54 not more than 300 milligrams of dihydrocodeinone
24-55 (hydrocodone), or any of its salts, per 100 milliliters or not more
24-56 than 15 milligrams per dosage unit, with one or more active,
24-57 nonnarcotic ingredients in recognized therapeutic amounts;
24-58 not more than 1.8 grams of dihydrocodeine, or any
24-59 of its salts, per 100 milliliters or not more than 90 milligrams
24-60 per dosage unit, with one or more active, nonnarcotic ingredients
24-61 in recognized therapeutic amounts;
24-62 not more than 300 milligrams of ethylmorphine, or
24-63 any of its salts, per 100 milliliters or not more than 15
24-64 milligrams per dosage unit, with one or more active, nonnarcotic
24-65 ingredients in recognized therapeutic amounts;
24-66 not more than 500 milligrams of opium per 100
24-67 milliliters or per 100 grams, or not more than 25 milligrams per
24-68 dosage unit, with one or more active, nonnarcotic ingredients in
24-69 recognized therapeutic amounts;
25-1 not more than 50 milligrams of morphine, or any
25-2 of its salts, per 100 milliliters or per 100 grams with one or more
25-3 active, nonnarcotic ingredients in recognized therapeutic amounts;
25-4 and
25-5 not more than 1 milligram of difenoxin and not
25-6 less than 25 micrograms of atropine sulfate per dosage unit;
25-7 (5) a material, compound, mixture, or preparation that
25-8 contains any quantity of the following substances:
25-9 Barbital;
25-10 Chloral betaine;
25-11 Chloral hydrate;
25-12 Ethchlorvynol;
25-13 Ethinamate;
25-14 Meprobamate;
25-15 Methohexital;
25-16 Methylphenobarbital (Mephobarbital);
25-17 Paraldehyde;
25-18 Petrichloral; and
25-19 Phenobarbital;
25-20 (6) Peyote, unless unharvested and growing in its
25-21 natural state, meaning all parts of the plant classified
25-22 botanically as Lophophora, whether growing or not, the seeds of the
25-23 plant, an extract from a part of the plant, and every compound,
25-24 manufacture, salt, derivative, mixture, or preparation of the
25-25 plant, its seeds, or extracts;
25-26 (7) unless listed in another penalty group, a
25-27 material, compound, mixture, or preparation that contains any
25-28 quantity of the following substances having a stimulant effect on
25-29 the central nervous system, including the substance's salts,
25-30 optical, position, or geometric isomers, and salts of the
25-31 substance's isomers, if the existence of the salts, isomers, and
25-32 salts of isomers is possible within the specific chemical
25-33 designation:
25-34 Benzphetamine;
25-35 Cathine ((+)-norpseudoephedrine);
25-36 Chlorphentermine;
25-37 Clortermine;
25-38 Diethylpropion;
25-39 Fencamfamin;
25-40 Fenfluramine;
25-41 Fenproporex;
25-42 Mazindol;
25-43 Mefenorex;
25-44 Pemoline (including organometallic complexes and
25-45 their chelates);
25-46 Phendimetrazine;
25-47 Phentermine;
25-48 Pipradrol; and
25-49 SPA ((-)-1-dimethylamino-1,2-diphenylethane);
25-50 (8) unless specifically excepted or unless listed in
25-51 another penalty group, a material, compound, mixture, or
25-52 preparation that contains any quantity of the following substance,
25-53 including its salts:
25-54 Dextropropoxyphene
25-55 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
25-56 and
25-57 (9) an anabolic steroid or any substance that is
25-58 chemically or pharmacologically related to testosterone, other than
25-59 an estrogen, progestin, or corticosteroid, and promotes muscle
25-60 growth, including [any human growth hormone or any of the following
25-61 anabolic steroids, or any isomer, ester, salt, or derivative of the
25-62 following that acts in the same manner on the human body]:
25-63 Boldenone;
25-64 Chlorotestosterone (4-chlortestosterone);
25-65 Clostebol;
25-66 Dehydrochlormethyltestosterone;
25-67 Dihydrotestosterone (4-dihydrotestosterone);
25-68 Drostanolone;
25-69 Ethylestrenol;
26-1 Fluoxymesterone;
26-2 Formebulone;
26-3 Mesterolone;
26-4 Methandienone;
26-5 Methandranone;
26-6 Methandriol;
26-7 Methandrostenolone;
26-8 Methenolone;
26-9 Methyltestosterone;
26-10 Mibolerone;
26-11 Nandrolone;
26-12 Norethandrolone;
26-13 Oxandrolone;
26-14 Oxymesterone;
26-15 Oxymetholone;
26-16 Stanolone;
26-17 Stanozolol;
26-18 Testolactone;
26-19 Testosterone; and
26-20 Trenbolone.
26-21 (b) Penalty Group 3 does not include a compound, mixture, or
26-22 preparation containing a stimulant substance listed in Subsection
26-23 (a)(1) if the compound, mixture, or preparation contains one or
26-24 more active medicinal ingredients not having a stimulant effect on
26-25 the central nervous system and if the admixtures are included in
26-26 combinations, quantity, proportion, or concentration that vitiate
26-27 the potential for abuse of the substances that have a stimulant
26-28 effect on the central nervous system.
26-29 (c) Penalty Group 3 does not include a compound, mixture, or
26-30 preparation containing a depressant substance listed in Subsection
26-31 (a)(2) or (a)(5) if the compound, mixture, or preparation contains
26-32 one or more active medicinal ingredients not having a depressant
26-33 effect on the central nervous system and if the admixtures are
26-34 included in combinations, quantity, proportion, or concentration
26-35 that vitiate the potential for abuse of the substances that have a
26-36 depressant effect on the central nervous system.
26-37 SECTION 18. Section 481.105, Health and Safety Code, is
26-38 amended to read as follows:
26-39 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
26-40 (1) a compound, mixture, or preparation containing
26-41 limited quantities of any of the following narcotic drugs that
26-42 includes one or more nonnarcotic active medicinal ingredients in
26-43 sufficient proportion to confer on the compound, mixture, or
26-44 preparation valuable medicinal qualities other than those possessed
26-45 by the narcotic drug alone:
26-46 not more than 200 milligrams of codeine per 100
26-47 milliliters or per 100 grams;
26-48 not more than 100 milligrams of dihydrocodeine
26-49 per 100 milliliters or per 100 grams;
26-50 not more than 100 milligrams of ethylmorphine per
26-51 100 milliliters or per 100 grams;
26-52 not more than 2.5 milligrams of diphenoxylate and
26-53 not less than 25 micrograms of atropine sulfate per dosage unit;
26-54 not more than 15 milligrams of opium per 29.5729
26-55 milliliters or per 28.35 grams; and
26-56 not more than 0.5 milligram of difenoxin and not
26-57 less than 25 micrograms of atropine sulfate per dosage unit;
26-58 (2) unless specifically excepted or unless listed in
26-59 another penalty group, a material, compound, mixture, or
26-60 preparation containing the narcotic drug Buprenorphine or its
26-61 salts; and
26-62 (3) unless specifically exempted or excluded or unless
26-63 listed in another penalty group, any material, compound, mixture,
26-64 or preparation that contains any quantity of pyrovalerone, a
26-65 substance [the following substances] having a stimulant effect on
26-66 the central nervous system, including its salts, isomers, and salts
26-67 of isomers[:]
26-68 [Propylhexedrine; and]
26-69 [Pyrovalerone].
27-1 SECTION 19. Subchapter D, Chapter 481, Health and Safety
27-2 Code, is amended by adding Sections 481.1121 and 481.1151 to read
27-3 as follows:
27-4 Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF
27-5 SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this
27-6 chapter, a person commits an offense if the person knowingly
27-7 manufactures, delivers, or possesses with intent to manufacture or
27-8 deliver a controlled substance listed in Penalty Group 1-A.
27-9 (b) An offense under this section is:
27-10 (1) a state jail felony if the number of abuse units
27-11 of the controlled substance is fewer than 20;
27-12 (2) a felony of the second degree if the number of
27-13 abuse units of the controlled substance is 20 or more but fewer
27-14 than 80;
27-15 (3) a felony of the first degree if the number of
27-16 abuse units of the controlled substance is 80 or more but fewer
27-17 than 4,000; and
27-18 (4) punishable by imprisonment in the institutional
27-19 division of the Texas Department of Criminal Justice for life or
27-20 for a term of not more than 99 years or less than 15 years and a
27-21 fine not to exceed $250,000, if the number of abuse units of the
27-22 controlled substance is 4,000 or more.
27-23 Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
27-24 GROUP 1-A. (a) Except as provided by this chapter, a person
27-25 commits an offense if the person knowingly possesses a controlled
27-26 substance listed in Penalty Group 1-A.
27-27 (b) An offense under this section is:
27-28 (1) a state jail felony if the number of abuse units
27-29 of the controlled substance is fewer than 20;
27-30 (2) a felony of the third degree if the number of
27-31 abuse units of the controlled substance is 20 or more but fewer
27-32 than 80;
27-33 (3) a felony of the second degree if the number of
27-34 abuse units of the controlled substance is 80 or more but fewer
27-35 than 4,000;
27-36 (4) a felony of the first degree if the number of
27-37 abuse units of the controlled substance is 4,000 or more but fewer
27-38 than 8,000; and
27-39 (5) punishable by imprisonment in the institutional
27-40 division of the Texas Department of Criminal Justice for life or
27-41 for a term of not more than 99 years or less than 15 years and a
27-42 fine not to exceed $250,000, if the number of abuse units of the
27-43 controlled substance is 8,000 or more.
27-44 SECTION 20. Section 481.122(a), Health and Safety Code, is
27-45 amended to read as follows:
27-46 (a) Except as provided [authorized] by this chapter, a
27-47 person commits an offense if the person knowingly [or
27-48 intentionally] delivers a controlled substance listed in Penalty
27-49 Group 1, 1-A, 2, or 3 or knowingly [or intentionally] delivers
27-50 marihuana and the person delivers the controlled substance or
27-51 marihuana to a person:
27-52 (1) who is 17 years of age or younger;
27-53 (2) who the actor knows or believes intends to deliver
27-54 the controlled substance or marihuana to a person 17 years of age
27-55 or younger;
27-56 (3) who is enrolled in an elementary or secondary
27-57 school; or
27-58 (4) who the actor knows or believes intends to deliver
27-59 the controlled substance or marihuana to a person who is enrolled
27-60 in an elementary or secondary school.
27-61 SECTION 21. Section 481.123(a), Health and Safety Code, is
27-62 amended to read as follows:
27-63 (a) For the purposes of this chapter, a controlled substance
27-64 analogue is considered to be a controlled substance listed in
27-65 Penalty Group 1 or 1-A if the analogue in whole or in part is
27-66 intended for human consumption and:
27-67 (1) the chemical structure of the analogue is
27-68 substantially similar to the chemical structure of a controlled
27-69 substance listed in Schedule I or Penalty Group 1 or 1-A; or
28-1 (2) the analogue is specifically designed to produce
28-2 an effect substantially similar to or greater than the effect of a
28-3 controlled substance listed in Schedule I or Penalty Group 1 or
28-4 1-A.
28-5 SECTION 22. Section 481.128, Health and Safety Code, is
28-6 amended to read as follows:
28-7 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
28-8 MATTERS. (a) A registrant or dispenser commits an offense if the
28-9 registrant or dispenser knowingly [or intentionally]:
28-10 (1) distributes, delivers, administers, or dispenses a
28-11 controlled substance in violation of Sections 481.070-481.075
28-12 [481.070-481.074];
28-13 (2) manufactures a controlled substance not authorized
28-14 by the person's registration or distributes or dispenses a
28-15 controlled substance not authorized by the person's registration to
28-16 another registrant or other person;
28-17 (3) refuses or fails to make, keep, or furnish a
28-18 record, report, notification, order form, statement, invoice, or
28-19 information required by this chapter;
28-20 (4) prints, manufactures, possesses, or produces a
28-21 triplicate prescription form without the approval of the director
28-22 [Department of Public Safety];
28-23 (5) delivers or possesses a counterfeit triplicate
28-24 prescription;
28-25 (6) refuses an entry into a premise for an inspection
28-26 authorized by this chapter;
28-27 (7) refuses or fails to return a triplicate
28-28 prescription form as required by Section 481.075(h); [or]
28-29 (8) refuses or fails to make, keep, or furnish a
28-30 record, report, notification, order form, statement, invoice, or
28-31 information required by a rule adopted [before June 1, 1991,] by
28-32 the director; or
28-33 (9) refuses or fails to maintain security required by
28-34 this chapter or a rule adopted under this chapter.
28-35 (b) If the registrant or dispenser knowingly [or
28-36 intentionally] refuses or fails to make, keep, or furnish a record,
28-37 report, notification, order form, statement, invoice, or
28-38 information or maintain security required by a rule [or a rule
28-39 amendment] adopted [on or after June 1, 1991,] by the director, the
28-40 registrant or dispenser is liable to the state for a civil penalty
28-41 of not more than $5,000 for each act.
28-42 (c) [If the registrant or dispenser negligently fails to
28-43 make, keep, or furnish a record, report, notification, order form,
28-44 statement, invoice, or information required by a rule or a rule
28-45 amendment adopted on or after June 1, 1991, by the director, the
28-46 registrant or dispenser is liable to the state for a civil penalty
28-47 of not more than $1,000 for each act.]
28-48 [(d)] An offense under Subsection (a) is a state jail
28-49 felony.
28-50 (d) [(e)] If a person [negligently] commits an act that
28-51 would otherwise be an offense under Subsection (a) except that it
28-52 was committed without the requisite culpable mental state, the
28-53 person is liable to the state for a civil penalty of not more
28-54 [less] than $1,000 [$5,000 or more than $10,000] for each act.
28-55 (e) [(f)] A district attorney of the county where the act
28-56 occurred may file suit in district court in that county to collect
28-57 a civil penalty under this section, or the district attorney of
28-58 Travis County or the attorney general may file suit in district
28-59 court in Travis County to collect the penalty.
28-60 SECTION 23. Subchapter D, Chapter 481, Health and Safety
28-61 Code, is amended by adding Sections 481.136-481.139 to read as
28-62 follows:
28-63 Sec. 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
28-64 CHEMICAL PRECURSOR. (a) A person commits an offense if the person
28-65 sells, transfers, furnishes, or receives a precursor substance
28-66 listed in Section 481.077(a) and the person:
28-67 (1) does not hold a precursor transfer permit as
28-68 required by Section 481.078 at the time of the transaction;
28-69 (2) does not comply with Section 481.077;
29-1 (3) knowingly makes a false statement in a report or
29-2 record required by Section 481.077 or 481.078; or
29-3 (4) knowingly violates a rule adopted under Section
29-4 481.077 or 481.078.
29-5 (b) An offense under this section is a state jail felony,
29-6 unless it is shown on the trial of the offense that the defendant
29-7 has been previously convicted of an offense under this section or
29-8 Section 481.137, in which event the offense is a felony of the
29-9 third degree.
29-10 Sec. 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR
29-11 UNLAWFUL MANUFACTURE. (a) A person commits an offense if the
29-12 person sells, transfers, or otherwise furnishes a precursor
29-13 substance listed in Section 481.077(a) with the knowledge or intent
29-14 that the recipient will use the substance to unlawfully manufacture
29-15 a controlled substance or controlled substance analogue.
29-16 (b) An offense under this section is a felony of the third
29-17 degree.
29-18 Sec. 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
29-19 CHEMICAL LABORATORY APPARATUS. (a) A person commits an offense if
29-20 the person sells, transfers, furnishes, or receives an apparatus
29-21 described by Section 481.080(a) and the person:
29-22 (1) does not have an apparatus transfer permit as
29-23 required by Section 481.081 at the time of the transaction;
29-24 (2) does not comply with Section 481.080;
29-25 (3) knowingly makes a false statement in a report or
29-26 record required by Section 481.080 or 481.081; or
29-27 (4) knowingly violates a rule adopted under Section
29-28 481.080 or 481.081.
29-29 (b) An offense under this section is a state jail felony,
29-30 unless it is shown on the trial of the offense that the defendant
29-31 has been previously convicted of an offense under this section, in
29-32 which event the offense is a felony of the third degree.
29-33 Sec. 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY
29-34 APPARATUS FOR UNLAWFUL MANUFACTURE. (a) A person commits an
29-35 offense if the person sells, transfers, or otherwise furnishes an
29-36 apparatus described by Section 481.080(a) with the knowledge or
29-37 intent that the recipient will use the apparatus to unlawfully
29-38 manufacture a controlled substance or controlled substance
29-39 analogue.
29-40 (b) An offense under Subsection (a) is a felony of the third
29-41 degree.
29-42 SECTION 24. Section 481.160(e), Health and Safety Code, as
29-43 added by Chapter 285, Acts of the 72nd Legislature, Regular
29-44 Session, 1991, is relettered as Subsection (f) and amended to read
29-45 as follows:
29-46 (f) [(e)] A law enforcement agency may petition a court to
29-47 require, as a condition of community supervision [probation] under
29-48 Article 42.12, Code of Criminal Procedure, a person to reimburse
29-49 the agency for the cost of the confiscation, analysis, storage, or
29-50 disposal of raw materials, controlled substances, chemical
29-51 precursors, drug paraphernalia, or other materials seized in
29-52 connection with an offense committed by the person under this
29-53 chapter.
29-54 SECTION 25. Subchapter D, Chapter 12, Penal Code, is amended
29-55 by adding Section 12.48 to read as follows:
29-56 Sec. 12.48. PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT
29-57 OFFENSE. If the court makes an affirmative finding under Article
29-58 42.015, Code of Criminal Procedure, in the punishment phase of the
29-59 trial of an offense under Chapter 29, Chapter 31, or Title 5, other
29-60 than a first degree felony or a Class A misdemeanor, the punishment
29-61 for the offense is increased to the punishment prescribed for the
29-62 next highest category of offense. If the offense is a Class A
29-63 misdemeanor, the minimum term of confinement for the offense is
29-64 increased to 180 days.
29-65 SECTION 26. Chapter 42, Code of Criminal Procedure, is
29-66 amended by adding Article 42.015 to read as follows:
29-67 Art. 42.015. FINDING THAT CONTROLLED SUBSTANCE USED TO
29-68 COMMIT OFFENSE. In the punishment phase of the trial of an offense
29-69 under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court
30-1 determines beyond a reasonable doubt that the defendant
30-2 administered or provided a controlled substance to the victim of
30-3 the offense with the intent of facilitating the commission of the
30-4 offense, the court shall make an affirmative finding of that fact
30-5 and enter the affirmative finding in the judgment of that case.
30-6 SECTION 27. Section 15(d), Article 42.12, Code of Criminal
30-7 Procedure, is amended to read as follows:
30-8 (d) A judge may impose as a condition of community
30-9 supervision that a defendant submit at the beginning of the period
30-10 of community supervision to a term of confinement in a state jail
30-11 felony facility for a term of not less than 90 days or more than
30-12 180 days, or a term of not less than 90 days or more than one year
30-13 if the defendant is convicted of an offense punishable as a state
30-14 jail felony under Section 481.112, 481.1121, 481.113, or 481.120,
30-15 Health and Safety Code. A judge may not require a defendant to
30-16 submit to both the term of confinement authorized by this
30-17 subsection and a term of confinement under Section 5 or 12 of this
30-18 article. For the purposes of this subsection, a defendant
30-19 previously has been convicted of a felony regardless of whether the
30-20 sentence for the previous conviction was actually imposed or was
30-21 probated and suspended.
30-22 SECTION 28. Sections 481.079 and 481.082, Health and Safety
30-23 Code, are repealed.
30-24 SECTION 29. Not later than December 1, 1997, the
30-25 commissioner of public health shall file with the secretary of
30-26 state for publication in the Texas Register a list of substances
30-27 designated in Schedules I through V under Subchapter B, Chapter
30-28 481, Health and Safety Code, as amended by this Act. The list
30-29 shall take effect January 1, 1998. A schedule in effect
30-30 immediately before the effective date of this Act continues in
30-31 effect until January 1, 1998.
30-32 SECTION 30. (a) A change in law made by this Act applies
30-33 only to an offense committed on or after the effective date of this
30-34 Act. For purposes of this section, an offense was committed before
30-35 the effective date of this Act if any element of the offense
30-36 occurred before the effective date.
30-37 (b) An offense committed before the effective date of this
30-38 Act is covered by the law in effect when the offense was committed,
30-39 and the former law is continued in effect for this purpose.
30-40 SECTION 31. (a) Except as provided by Subsection (b) of
30-41 this section, this Act takes effect January 1, 1998.
30-42 (b) Section 29 of this Act takes effect September 1, 1997.
30-43 SECTION 32. The importance of this legislation and the
30-44 crowded condition of the calendars in both houses create an
30-45 emergency and an imperative public necessity that the
30-46 constitutional rule requiring bills to be read on three several
30-47 days in each house be suspended, and this rule is hereby suspended.
30-48 * * * * *