By Nixon                                        H.B. No. 2559

      75R8877 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     creating an offense of possession of a dangerous drug with intent

 1-3     to deliver, and enhancing punishment ranges for increasing amounts

 1-4     of dangerous drugs.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 483.041 of the Health and Safety Code is

 1-7     amended by adding Subsections (d), (e), (f), and (g) to read as

 1-8     follows:

 1-9           (d)  An offense under this section is a Class A misdemeanor

1-10     if the amount of the dangerous drug possessed is, by aggregate

1-11     weight, including adulterants and dilutants, less than 28 grams.

1-12           (e)  An offense under this section is a state jail felony if

1-13     the amount of the dangerous drug possessed is, by aggregate weight,

1-14     including adulterants and dilutants, 28 grams or more, but less

1-15     than 200 grams.

1-16           (f)  An offense under this section is a third degree felony

1-17     if the amount of the dangerous drug possessed is, by aggregate

1-18     weight, including adulterants and dilutants, 200 grams or more, but

1-19     less than 400 grams.

1-20           (g)  An offense under this section is a second degree felony

1-21     if the amount of the dangerous drug possessed is, by aggregate

1-22     weight, including adulterants and dilutants, 400 grams or more.

1-23           SECTION 2.  Section 483.042 of the Health and Safety Code is

1-24     amended to read as follows:

 2-1           Sec. 483.042.  Delivery [or], offer of delivery of or

 2-2     possession with intent to deliver a dangerous drug.  (a)  A person

 2-3     commits an offense if the person delivers, or offers to deliver, or

 2-4     possesses with the intent to deliver a dangerous drug.

 2-5                 (1)  unless:

 2-6                       (A)  the dangerous drug is delivered or, offered

 2-7     for delivery, or possessed with the intent to deliver by a

 2-8     pharmacist under:

 2-9                             (i)  a prescription used by a practitioner

2-10     described by Section 483.001(12)(A) or (B);

2-11                             (ii)  a prescription signed by registered

2-12     nurse or physician assistant in accordance with Section 3.06(d)(5)

2-13     or (6), Medical Practice Act (Article 4495b, Vernon's Texas Civil

2-14     Statutes); or

2-15                             (iii)  an original written prescription

2-16     issued by a practitioners described by Section 483.001(12)(C); and

2-17                       (B)  a label is attached to the immediate

2-18     container in which the drug is delivered, or offered to be

2-19     delivered, or possessed with the intent to deliver and the label

2-20     contains the following information:

2-21                             (i)  the name and address of the pharmacy

2-22     from which the drug is delivered or offered for delivery from which

2-23     the drug is to be delivered;

2-24                             (ii)  the date the prescription for the

2-25     drug is dispensed;

2-26                             (iii)  the number of the prescription as

2-27     filed in the prescription files of the pharmacy from which the

 3-1     prescription is dispensed;

 3-2                             (iv)  the name of the practitioner who

 3-3     prescribed the drug and, if applicable, the name of the registered

 3-4     nurse or physician assistant who signed the prescription;

 3-5                             (v)  the name of the patient and, if the

 3-6     drug is prescribed for an animal, a statement of the species of

 3-7     animal; and

 3-8                             (vi)  directions for the use of the drug as

 3-9     contained in the prescription; or

3-10                 (2)  unless:

3-11                       (A)  the dangerous drug is delivered, or offered

3-12     for delivery, or possessed with the intent to deliver by:

3-13                             (i)  a practitioner in the course of

3-14     practice; or

3-15                             (ii)  a registered nurse or physician

3-16     assistant in the course of practice in accordance with Section

3-17     3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's

3-18     Texas Civil Statutes); and

3-19                       (B)  a label is attached to the immediate

3-20     container in which the drug is delivered, or offered to be

3-21     delivered, or possessed with the intent to deliver and the label

3-22     contains the following information:

3-23                             (i)  the name and address of the

3-24     practitioner who prescribed the drug, and if applicable, the name

3-25     and address of the registered nurse or physician assistant;

3-26                             (ii)  the date the drug is delivered or to

3-27     be delivered;

 4-1                             (iii)  the name of the patient and, if the

 4-2     drug is prescribed for an animal, a statement of the species of the

 4-3     animal; and

 4-4                             (iv)  the name of the drug, the strength of

 4-5     the drug, and directions for the use of the drug.

 4-6           (b)  Subsection (a) does not apply to the delivery, or offer

 4-7     for delivery of, or possession with the intent to deliver a

 4-8     dangerous drug to a person listed in Section 483.0418 for use in

 4-9     the usual course of business or practice or in the performance of

4-10     official duties by the person.

4-11           (c)  Proof of an offer to sell a dangerous drug must be

4-12     corroborated by a person other than the offeree or by evidence

4-13     other than a statement by the offeree.

4-14           (d)  An offense under this section is a state jail felony if

4-15     the amount of the dangerous drug delivered, offered for delivery,

4-16     or possessed with the intent to deliver is, by aggregate weight,

4-17     including adulterants and dilutants, less than 28 grams.

4-18           (e)  An offense under this section is a third degree felony

4-19     if the amount of the dangerous drug delivered, offered for

4-20     delivery, or possessed with the intent to deliver is, by aggregate

4-21     weight, including adulterants and dilutants, 28 grams or more, but

4-22     less than 200 grams.

4-23           (f)  An offense under this section is a second degree felony

4-24     if the amount of the dangerous drug delivered, offered for

4-25     delivery, or possessed with the intent to deliver is, by aggregate

4-26     weight, including adulterants and dilutants, 200 grams or more, but

4-27     less than 400 grams.

 5-1           (g)  An offense under this section is a first degree felony

 5-2     if the amount of the dangerous drug delivered, offered for

 5-3     delivery, or possessed with the intent to deliver is, by aggregate

 5-4     weight, including adulterants and dilutants, 400 grams or more.

 5-5           (h)  The labeling provisions of Subsection (a) do not apply

 5-6     to a dangerous drug prescribed or dispensed for administration to

 5-7     food production animals in an agricultural operation under a

 5-8     written medical directive or treatment guideline from a

 5-9     veterinarian licensed under The Veterinary Licensing Act (Article

5-10     8890, Revised Statutes) and its subsequent amendments.

5-11           SECTION 3.  Section 483.043 of the Health and Safety Code is

5-12     amended to read as follows:

5-13           Sec. 483.043.  Manufacture of Dangerous Drug.  (a)  A person

5-14     commits and offense if the person manufactures a dangerous drug and

5-15     the person is not authorized by law to manufacture the drug.

5-16           (b)  An offense under this section is a state jail felony if

5-17     the amount of the dangerous drug manufactured is, by aggregate

5-18     weight, including adulterants and dilutants, less than 28 grams.

5-19           (c)  An offense under this section is a third degree felony

5-20     if the amount of the dangerous drug manufactured is, by aggregate

5-21     weight, including adulterants and dilutants, 28 grams or more, but

5-22     less than 200 grams.

5-23           (d)  An offense under this section is a second degree felony

5-24     if the amount of the dangerous drug manufactured is, by aggregate

5-25     weight, including adulterants and dilutants, 200 grams or more, but

5-26     less than 400 grams.

5-27           (e)  An offense under this section is a first degree felony

 6-1     if the amount of the dangerous drug manufactured is, by aggregate

 6-2     weight, including adulterants and dilutants, 400 grams or more.

 6-3           SECTION 4.  The changes, additions and amendments to the

 6-4     statutes above shall apply only to offenses committed on and after

 6-5     the effective date of the changes, additions and amendments created

 6-6     herein.

 6-7           SECTION 5.  The importance of this legislation and the

 6-8     crowded condition of the calendars in both houses create an

 6-9     emergency and an imperative public necessity that the

6-10     constitutional rule requiring bills to be read on three several

6-11     days in each house be suspended, and this rule is hereby suspended.