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.