By Madla S.B. No. 1011
75R2443 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug regulation and enforcement under the Texas
1-3 Controlled Substances Act and to the authority of certain state
1-4 agencies under that Act; imposing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 481.002, Health and Safety Code, is
1-7 amended by amending Subdivisions (3), (4), (5), (6), (17), (30),
1-8 and (41) and by adding Subdivision (50) to read as follows:
1-9 (3) "Commissioner" means the commissioner of public
1-10 health or the commissioner's designee.
1-11 (4) "Controlled premises" means:
1-12 (A) a place where original or other records or
1-13 documents required under this chapter are kept or are required to
1-14 be kept; or
1-15 (B) a place, including a factory, warehouse,
1-16 other establishment, or conveyance, where a person registered under
1-17 this chapter may lawfully hold, manufacture, distribute, dispense,
1-18 administer, possess, or otherwise dispose of a controlled substance
1-19 or other item governed by this chapter, including a chemical
1-20 precursor and a chemical laboratory apparatus.
1-21 (5) "Controlled substance" means a substance,
1-22 including a drug, an adulterant, a dilutant, and an immediate
1-23 precursor, listed in Schedules I through V or Penalty Groups 1,
1-24 1-A, or 2 through 4. The term includes the aggregate weight of any
2-1 mixture, solution, or other substance containing a controlled
2-2 substance.
2-3 (6) "Controlled substance analogue" means:
2-4 (A) a substance with a chemical structure
2-5 substantially similar to the chemical structure of a controlled
2-6 substance in Schedule I or II or Penalty Group 1, 1-A, or 2; or
2-7 (B) a substance specifically designed to produce
2-8 an effect substantially similar to, or greater than, the effect of
2-9 a controlled substance in Schedule I or II or Penalty Group 1, 1-A,
2-10 or 2.
2-11 (17) "Drug paraphernalia" means equipment, a product,
2-12 or material that is used or intended for use in planting,
2-13 propagating, cultivating, growing, harvesting, manufacturing,
2-14 compounding, converting, producing, processing, preparing, testing,
2-15 analyzing, packaging, repackaging, storing, containing, or
2-16 concealing a controlled substance in violation of this chapter or
2-17 in injecting, ingesting, inhaling, or otherwise introducing into
2-18 the human body a controlled substance in violation of this chapter.
2-19 The term includes:
2-20 (A) a kit used or intended for use in planting,
2-21 propagating, cultivating, growing, or harvesting a species of plant
2-22 that is a controlled substance or from which a controlled
2-23 substance may be derived;
2-24 (B) a material, compound, mixture, preparation,
2-25 or kit used or intended for use in manufacturing, compounding,
2-26 converting, producing, processing, or preparing a controlled
2-27 substance;
3-1 (C) an isomerization device used or intended for
3-2 use in increasing the potency of a species of plant that is a
3-3 controlled substance;
3-4 (D) testing equipment used or intended for use
3-5 in identifying or in analyzing the strength, effectiveness, or
3-6 purity of a controlled substance;
3-7 (E) a scale or balance used or intended for use
3-8 in weighing or measuring a controlled substance;
3-9 (F) a dilutant [diluent] or adulterant, such as
3-10 quinine hydrochloride, mannitol, inositol, nicotinamide [mannite],
3-11 dextrose, [or] lactose, or absorbent, blotter-type material, that
3-12 is used or intended to be used to increase the amount or weight of
3-13 or to transfer [for use in cutting] a controlled substance
3-14 regardless of whether the dilutant or adulterant diminishes the
3-15 efficacy of the controlled substance;
3-16 (G) a separation gin or sifter used or intended
3-17 for use in removing twigs and seeds from or in otherwise cleaning
3-18 or refining marihuana;
3-19 (H) a blender, bowl, container, spoon, or mixing
3-20 device used or intended for use in compounding a controlled
3-21 substance;
3-22 (I) a capsule, balloon, envelope, or other
3-23 container used or intended for use in packaging small quantities of
3-24 a controlled substance;
3-25 (J) a container or other object used or intended
3-26 for use in storing or concealing a controlled substance;
3-27 (K) a hypodermic syringe, needle, or other
4-1 object used or intended for use in parenterally injecting a
4-2 controlled substance into the human body; and
4-3 (L) an object used or intended for use in
4-4 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
4-5 hashish, or hashish oil into the human body, including:
4-6 (i) a metal, wooden, acrylic, glass,
4-7 stone, plastic, or ceramic pipe with or without a screen, permanent
4-8 screen, hashish head, or punctured metal bowl;
4-9 (ii) a water pipe;
4-10 (iii) a carburetion tube or device;
4-11 (iv) a smoking or carburetion mask;
4-12 (v) a chamber pipe;
4-13 (vi) a carburetor pipe;
4-14 (vii) an electric pipe;
4-15 (viii) an air-driven pipe;
4-16 (ix) a chillum;
4-17 (x) a bong; or
4-18 (xi) an ice pipe or chiller.
4-19 (30) "Opiate" means a substance that has an
4-20 addiction-forming or addiction-sustaining liability similar to
4-21 morphine or is capable of conversion into a drug having
4-22 addiction-forming or addiction-sustaining liability. The term
4-23 includes its racemic and levorotatory forms. The term does not
4-24 include, unless specifically designated as controlled under
4-25 Subchapter B [Section 481.038], the dextrorotatory isomer of
4-26 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
4-27 (41) "Prescription" means an order by a practitioner
5-1 to a pharmacist for a controlled substance for a particular patient
5-2 that specifies:
5-3 (A) the date of issue;
5-4 (B) the name and address of the patient or, if
5-5 the controlled substance is prescribed for an animal, the species
5-6 of the animal and the name and address of its owner;
5-7 (C) the name and quantity of the controlled
5-8 substance prescribed with the quantity shown numerically followed
5-9 by the number written as a word if the order is written or, if the
5-10 order is communicated orally or telephonically, with the quantity
5-11 given by the practitioner and transcribed by the pharmacist
5-12 numerically;
5-13 (D) directions for the use of the drug; [and]
5-14 [(E) the legibly printed or stamped name,
5-15 address, Federal Drug Enforcement Administration registration
5-16 number, and telephone number of the practitioner at the
5-17 practitioner's usual place of business.]
5-18 (E) the intended use of the drug unless the
5-19 practitioner determines the furnishing of this information is not
5-20 in the best interest of the patient; and
5-21 (F) the legibly printed or stamped name,
5-22 address, Federal Drug Enforcement Administration registration
5-23 number, and telephone number of the practitioner at the
5-24 practitioner's usual place of business[, legibly printed or
5-25 stamped].
5-26 (50) "Abuse unit" means:
5-27 (A) except as provided by Paragraph (B):
6-1 (i) a single unit on or in any adulterant,
6-2 dilutant, or similar carrier medium, including marked or perforated
6-3 blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
6-4 other medium that contains any amount of a controlled substance
6-5 listed in Penalty Group 1-A, if the unit is commonly used in abuse
6-6 of that substance; or
6-7 (ii) each quarter-inch square section of
6-8 paper, if the adulterant, dilutant, or carrier medium is paper not
6-9 marked or perforated into individual abuse units; or
6-10 (B) if a greater number of abuse units results
6-11 from application of the definition provided by this paragraph, 40
6-12 micrograms of the controlled substance including any adulterant or
6-13 dilutant.
6-14 SECTION 2. Subchapter B, Chapter 481, Health and Safety
6-15 Code, is amended to read as follows:
6-16 SUBCHAPTER B. SCHEDULES
6-17 Sec. 481.031. NOMENCLATURE. Controlled substances listed
6-18 in Schedules I through V and Penalty Groups 1 through 4 are
6-19 included by whatever official, common, usual, chemical, or trade
6-20 name they may be designated.
6-21 Sec. 481.032. SCHEDULES. (a) The commissioner shall
6-22 establish and modify the following schedules of controlled
6-23 substances under this subchapter: Schedule I, Schedule I-A,
6-24 Schedule II, Schedule III, Schedule IV, and Schedule V.
6-25 (b) A reference to a schedule in this chapter means the most
6-26 current version of the schedule established or altered by the
6-27 commissioner under this subchapter and published in the Texas
7-1 Register on or after January 1, 1998. [SCHEDULE I. (a) Schedule I
7-2 consists of:]
7-3 [(1) the following opiates, including their isomers,
7-4 esters, ethers, salts, and salts of isomers, esters, and ethers,
7-5 unless specifically excepted, if the existence of these isomers,
7-6 esters, ethers, and salts is possible within the specific chemical
7-7 designation:]
7-8 [Alfentanil;]
7-9 [Allylprodine;]
7-10 [Alpha-methylfentanyl or another derivative of
7-11 Fentanyl;]
7-12 [Benzethidine;]
7-13 [Betaprodine;]
7-14 [Clonitazene;]
7-15 [Diampromide;]
7-16 [Diethylthiambutene;]
7-17 [Difenoxin;]
7-18 [Dimenoxadol;]
7-19 [Dimethylthiambutene;]
7-20 [Dioxaphetyl butyrate;]
7-21 [Dipipanone;]
7-22 [Ethylmethylthiambutene;]
7-23 [Etonitazene;]
7-24 [Etoxeridine;]
7-25 [Furethidine;]
7-26 [Hydroxypethidine;]
7-27 [Ketobemidone;]
8-1 [Levophenacylmorphan;]
8-2 [Meprodine;]
8-3 [Methadol;]
8-4 [Moramide;]
8-5 [Morpheridine;]
8-6 [Noracymethadol;]
8-7 [Norlevorphanol;]
8-8 [Normethadone;]
8-9 [Norpipanone;]
8-10 [Phenadoxone;]
8-11 [Phenampromide;]
8-12 [Phencyclidine;]
8-13 [Phenomorphan;]
8-14 [Phenoperidine;]
8-15 [Piritramide;]
8-16 [Proheptazine;]
8-17 [Properidine;]
8-18 [Propiram;]
8-19 [Tilidine; and]
8-20 [Trimeperidine;]
8-21 [(2) the following opium derivatives, their salts,
8-22 isomers, and salts of isomers, unless specifically excepted, if the
8-23 existence of these salts, isomers, and salts of isomers is possible
8-24 within the specific chemical designation:]
8-25 [Acetorphine;]
8-26 [Acetyldihydrocodeine;]
8-27 [Benzylmorphine;]
9-1 [Codeine methylbromide;]
9-2 [Codeine-N-Oxide;]
9-3 [Cyprenorphine;]
9-4 [Desomorphine;]
9-5 [Dihydromorphine;]
9-6 [Drotebanol;]
9-7 [Etorphine (except hydrochloride salt);]
9-8 [Heroin;]
9-9 [Hydromorphinol;]
9-10 [Methyldesorphine;]
9-11 [Methyldihydromorphine;]
9-12 [Monoacetylmorphine;]
9-13 [Morphine methylbromide;]
9-14 [Morphine methylsulfonate;]
9-15 [Morphine-N-Oxide;]
9-16 [Myrophine;]
9-17 [Nicocodeine;]
9-18 [Nicomorphine;]
9-19 [Normorphine;]
9-20 [Pholcodine; and]
9-21 [Thebacon;]
9-22 [(3) unless specifically excepted or unless listed in
9-23 another schedule, a material, compound, mixture, or preparation
9-24 that contains any quantity of the following hallucinogenic
9-25 substances or that contains any of the substance's salts, isomers,
9-26 and salts of isomers if the existence of the salts, isomers, and
9-27 salts of isomers is possible within the specific chemical
10-1 designation:]
10-2 [4-bromo-2, 5-dimethoxyamphetamine (some trade or
10-3 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
10-4 4-bromo-2, 5-DMA);]
10-5 [2, 5-dimethoxyamphetamine (some trade or other
10-6 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);]
10-7 [5-methoxy-3, 4-methylenedioxy amphetamine;]
10-8 [4-methoxyamphetamine (some trade or other names:
10-9 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);]
10-10 [1-methyl-4-phenyl-1, 2, 5, 6-tetrahydro-pyridine
10-11 (MPTP);]
10-12 [1-methyl-4-phenyl-4-propionoxy-piperidine (MPPP,
10-13 PPMP);]
10-14 [4-methyl-2, 5-dimethoxyamphetamine (some trade
10-15 and other names: 4-methyl-2,
10-16 5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP");]
10-17 [3, 4-methylene-dioxy methamphetamine (MDMA,
10-18 MDM);]
10-19 [3, 4-methylenedioxy amphetamine;]
10-20 [3, 4, 5-trimethoxy amphetamine;]
10-21 [Bufotenine (some trade and other names:
10-22 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
10-23 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
10-24 5-hydroxy-N, N-dimethyltryptamine; mappine);]
10-25 [Diethyltryptamine (some trade and other names:
10-26 N, N-Diethyltryptamine, DET);]
10-27 [Dimethyltryptamine (some trade and other names:
11-1 DMT);]
11-2 [Ethylamine Analog of Phencyclidine (some trade
11-3 or other names: N-ethyl-1-phenylcyclohexylamine;
11-4 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine,
11-5 cyclohexamine, PCE);]
11-6 [Ibogaine (some trade or other names: 7-Ethyl-6,
11-7 6, beta, 7, 8, 9, 10, 12, 13,--octahydro-2-methoxy-6,
11-8 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
11-9 tabernanthe iboga);]
11-10 [Lysergic acid diethylamide;]
11-11 [Marihuana;]
11-12 [Mescaline;]
11-13 [N-ethyl-3-piperidyl benzilate;]
11-14 [N-methyl-3-piperidyl benzilate;]
11-15 [Parahexyl (some trade or other names:
11-16 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
11-17 9-tri-methyl-6H-dibenzo (b,d) pyran; Synhexyl);]
11-18 [Peyote, unless unharvested and growing in its
11-19 natural state, meaning all parts of the plant classified
11-20 botanically as Lophophora, whether growing or not, the seeds of the
11-21 plant, an extract from a part of the plant, and every compound,
11-22 manufacture, salt, derivative, mixture, or preparation of the
11-23 plant, its seeds, or extracts;]
11-24 [Psilocybin;]
11-25 [Psilocin;]
11-26 [Pyrrolidine Analog of Phencyclidine (some trade
11-27 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);]
12-1 [Synthetic equivalents of the substances
12-2 contained in the plant Cannabis, or in the resinous extractives of
12-3 that plant, and synthetic substances, derivatives, and their
12-4 isomers with similar chemical structure and pharmacological
12-5 activity such as:]
12-6 [delta-1 cis or trans tetrahydrocannabinol, and
12-7 their optical isomers;]
12-8 [delta-6 cis or trans tetrahydrocannabinol, and
12-9 their optical isomers;]
12-10 [delta-3, 4 cis or trans tetrahydrocannabinol,
12-11 and its optical isomers;]
12-12 [(Compounds of these structures, regardless of
12-13 numerical designation of atomic positions, since nomenclature of
12-14 these substances is not internationally standardized);]
12-15 [Tetrahydrocannabinols; and]
12-16 [Thiophene Analog of Phencyclidine (some trade or
12-17 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
12-18 Analog of Phencyclidine; TPCP);]
12-19 [(4) unless specifically excepted or unless listed in
12-20 another schedule, a material, compound, mixture, or preparation
12-21 that contains any quantity of the following substances having a
12-22 depressant or stimulant effect on the central nervous system,
12-23 including the substance's salts, isomers, and salts of isomers if
12-24 the existence of the salts, isomers, and salts of isomers is
12-25 possible within the specific chemical designation:]
12-26 [Fenethylline;]
12-27 [Mecloqualone;]
13-1 [Methaqualone;]
13-2 [N-ethylamphetamine; and]
13-3 [Nitrazepam; and]
13-4 [(5) temporary listing of substances subject to
13-5 emergency scheduling by the Federal Drug Enforcement
13-6 Administration, and any material, compound, mixture, or preparation
13-7 that contains any quantity of the following substances:]
13-8 [N, N-dimethylamphetamine (Some trade or other
13-9 names: N,N,alpha-trimethylbenzeneethaneamine;
13-10 N,N,alpha-trimethylphenethylamine; including its salts, optical
13-11 isomers, and salts of optical isomers);]
13-12 [4-methylaminorex;]
13-13 [3, 4-methylenedioxy N-ethylamphetamine (Also
13-14 known as N-ethyl MDA);]
13-15 [N-hydroxy-3,4-methylenedioxyamphetamine (Also
13-16 known as N-hydroxy MDA).]
13-17 [(b) For the purposes of Subsection (a)(3) only, the term
13-18 "isomer" includes optical, position, and geometric isomers.]
13-19 [Sec. 481.033. SCHEDULE II. Schedule II consists of:]
13-20 [(1) the following substances, however
13-21 produced, except those narcotic drugs listed in other schedules:]
13-22 [(A) Opium and opiate, and a salt, compound,
13-23 derivative, or preparation of opium or opiate, other than naloxone
13-24 and its salts and naltrexone and its salts, but including:]
13-25 [Codeine;]
13-26 [Ethylmorphine;]
13-27 [Etorphine hydrochloride;]
14-1 [Granulated opium;]
14-2 [Hydrocodone;]
14-3 [Hydromorphone;]
14-4 [Metopon;]
14-5 [Morphine;]
14-6 [Opium extracts;]
14-7 [Opium fluid extracts;]
14-8 [Oxycodone;]
14-9 [Oxymorphone;]
14-10 [Powdered opium;]
14-11 [Raw opium;]
14-12 [Thebaine; and]
14-13 [Tincture of opium;]
14-14 [(B) a salt, compound, isomer, derivative, or
14-15 preparation of a substance that is chemically equivalent or
14-16 identical to a substance described by Paragraph (A), other than the
14-17 isoquinoline alkaloids of opium;]
14-18 [(C) Opium poppy and poppy straw;]
14-19 [(D) Cocaine, including:]
14-20 [(i) its salts, its optical, position, and
14-21 geometric isomers, and the salts of those isomers; and]
14-22 [(ii) coca leaves and a salt, compound,
14-23 derivative, or preparation of coca leaves that is chemically
14-24 equivalent or identical to a substance described by this
14-25 subparagraph or Subparagraph (i), other than decocainized coca
14-26 leaves or extractions of coca leaves that do not contain cocaine or
14-27 ecgonine; and]
15-1 [(E) Concentrate of poppy straw, meaning the
15-2 crude extract of poppy straw in liquid, solid, or powder form that
15-3 contains the phenanthrine alkaloids of the opium poppy;]
15-4 [(2) the following opiates, including their isomers,
15-5 esters, ethers, salts, and salts of isomers, if the existence of
15-6 these isomers, esters, ethers, and salts is possible within the
15-7 specific chemical designation:]
15-8 [Alphaprodine;]
15-9 [Anileridine;]
15-10 [Bezitramide;]
15-11 [Dextropropoxyphene, bulk (nondosage form);]
15-12 [Dihydrocodeine;]
15-13 [Diphenoxylate;]
15-14 [Fentanyl;]
15-15 [Isomethadone;]
15-16 [Levomethorphan;]
15-17 [Levorphanol;]
15-18 [Metazocine;]
15-19 [Methadone;]
15-20 [Methadone-Intermediate,
15-21 4-cyano-2-dimethylamino-4, 4-diphenyl butane;]
15-22 [Moramide-Intermediate, 2-methyl-3-morpholino-1,
15-23 1-diphenyl-propane-carboxylic acid;]
15-24 [Pethidine;]
15-25 [Pethidine-Intermediate-A,
15-26 4-cyano-1-methyl-4-phenylpiperidine;]
15-27 [Pethidine-Intermediate-B,
16-1 ethyl-4-phenylpiperidine-4-carboxylate;]
16-2 [Pethidine-Intermediate-C,
16-3 1-methyl-4-phenylpiperidine-4-carboxylic acid;]
16-4 [Phenazocine;]
16-5 [Piminodine;]
16-6 [Racemethorphan;]
16-7 [Racemorphan; and]
16-8 [Sufentanil;]
16-9 [(3) unless listed in another schedule and except as
16-10 provided by Section 481.037, a material, compound, mixture, or
16-11 preparation that contains any quantity of the following substances
16-12 having a potential for abuse associated with a stimulant effect on
16-13 the central nervous system:]
16-14 [Amphetamine, its salts, optical isomers, and
16-15 salts of its optical isomers;]
16-16 [Methamphetamine, including its salts, optical
16-17 isomers, and salts of optical isomers;]
16-18 [Methylphenidate and its salts; and]
16-19 [Phenmetrazine and its salts;]
16-20 [(4) unless listed in another schedule, a material,
16-21 compound, mixture, or preparation that contains any quantity of the
16-22 following substances having a depressant effect on the central
16-23 nervous system, including the substance's salts, isomers, and
16-24 salts of isomers if the existence of the salts, isomers, and salts
16-25 of isomers is possible within the specific chemical designation:]
16-26 [Amobarbital;]
16-27 [Secobarbital; and]
17-1 [Pentobarbital;]
17-2 [(5) unless specifically excepted or listed in another
17-3 schedule, a material, compound, mixture, or preparation that
17-4 contains any quantity of the following substances:]
17-5 [Immediate precursor to methamphetamine:]
17-6 [Phenylacetone and methylamine if possessed
17-7 together with intent to manufacture methamphetamine;]
17-8 [Immediate precursor to amphetamine and
17-9 methamphetamine:]
17-10 [Phenylacetone (some trade or other names:
17-11 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
17-12 ketone); and]
17-13 [Immediate precursors to phencyclidine (PCP):]
17-14 [1-phenylcyclohexylamine; and]
17-15 [1-piperidinocyclohexanecarbonitrile (PCC).]
17-16 [Sec. 481.034. SCHEDULE III. Schedule III consists of:]
17-17 [(1) unless listed in another schedule and except as
17-18 provided by Section 481.037, a material, compound, mixture, or
17-19 preparation that contains any quantity of the following substances
17-20 having a potential for abuse associated with a depressant effect on
17-21 the central nervous system:]
17-22 [a compound, mixture, or preparation containing
17-23 amobarbital, secobarbital, pentobarbital, or any of their salts and
17-24 one or more active medicinal ingredients that are not listed in a
17-25 schedule;]
17-26 [a suppository dosage form containing
17-27 amobarbital, secobarbital, pentobarbital, or any of their salts
18-1 and approved by the Food and Drug Administration for marketing only
18-2 as a suppository;]
18-3 [a substance that contains any quantity of a
18-4 derivative of barbituric acid, or any salt of a derivative of
18-5 barbituric acid, except those substances that are specifically
18-6 listed in other schedules;]
18-7 [Chlorhexadol;]
18-8 [Glutethimide;]
18-9 [Lysergic acid;]
18-10 [Lysergic acid amide;]
18-11 [Methyprylon;]
18-12 [Sulfondiethylmethane;]
18-13 [Sulfonethylmethane; and]
18-14 [Sulfonmethane;]
18-15 [(2) Nalorphine;]
18-16 [(3) a material, compound, mixture, or preparation
18-17 containing limited quantities of any of the following narcotic
18-18 drugs, or any of their salts:]
18-19 [not more than 1.8 grams of codeine, or any of
18-20 its salts, per 100 milliliters or not more than 90 milligrams per
18-21 dosage unit, with an equal or greater quantity of an isoquinoline
18-22 alkaloid of opium;]
18-23 [not more than 1.8 grams of codeine, or any of
18-24 its salts, per 100 milliliters or not more than 90 milligrams per
18-25 dosage unit, with one or more active, nonnarcotic ingredients in
18-26 recognized therapeutic amounts;]
18-27 [not more than 300 milligrams of
19-1 dihydrocodeinone, or any of its salts, per 100 milliliters or not
19-2 more than 15 milligrams per dosage unit, with a fourfold or greater
19-3 quantity of an isoquinoline alkaloid of opium;]
19-4 [not more than 300 milligrams of
19-5 dihydrocodeinone, or any of its salts, per 100 milliliters or not
19-6 more than 15 milligrams per dosage unit, with one or more active,
19-7 nonnarcotic ingredients in recognized therapeutic amounts;]
19-8 [not more than 1.8 grams of dihydrocodeine, or
19-9 any of its salts, per 100 milliliters or not more than 90
19-10 milligrams per dosage unit, with one or more active, nonnarcotic
19-11 ingredients in recognized therapeutic amounts;]
19-12 [not more than 300 milligrams of ethylmorphine,
19-13 or any of its salts, per 100 milliliters or not more than 15
19-14 milligrams per dosage unit, with one or more ingredients in
19-15 recognized therapeutic amounts;]
19-16 [not more than 500 milligrams of opium per 100
19-17 milliliters or per 100 grams, or not more than 25 milligrams per
19-18 dosage unit, with one or more active, nonnarcotic ingredients in
19-19 recognized therapeutic amounts;]
19-20 [not more than 50 milligrams of morphine, or any
19-21 of its salts, per 100 milliliters or per 100 grams with one or more
19-22 active, nonnarcotic ingredients in recognized therapeutic amounts;
19-23 and]
19-24 [(4) unless listed in another schedule, a material,
19-25 compound, mixture, or preparation that contains any quantity of
19-26 the following substances having a stimulant effect on the central
19-27 nervous system, including the substance's salts, optical,
20-1 position, or geometric isomers, and salts of the substance's
20-2 isomers, if the existence of the salts, isomers, and salts of
20-3 isomers is possible within the specific chemical designation:]
20-4 [Benzphetamine;]
20-5 [Chlorphentermine;]
20-6 [Clortermine; and]
20-7 [Phendimetrazine.]
20-8 [Sec. 481.035. SCHEDULE IV. Schedule IV consists of:]
20-9 [(1) except as provided by Section 481.037, a
20-10 material, compound, mixture, or preparation that contains any
20-11 quantity of the following substances having a potential for abuse
20-12 associated with a depressant effect on the central nervous system:]
20-13 [Alprazolam;]
20-14 [Barbital;]
20-15 [Chloral betaine;]
20-16 [Chloral hydrate;]
20-17 [Chlordiazepoxide;]
20-18 [Clonazepam;]
20-19 [Clorazepate;]
20-20 [Diazepam;]
20-21 [Ethchlorvynol;]
20-22 [Ethinamate;]
20-23 [Flurazepam;]
20-24 [Halazepam;]
20-25 [Lorazepam;]
20-26 [Mebutamate;]
20-27 [Meprobamate;]
21-1 [Methohexital;]
21-2 [Methylphenobarbital;]
21-3 [Oxazepam;]
21-4 [Paraldehyde;]
21-5 [Pentazocine, its salts, derivatives, compounds,
21-6 or mixtures;]
21-7 [Petrichloral;]
21-8 [Phenobarbital;]
21-9 [Prazepam;]
21-10 [Temazepam; and]
21-11 [Triazolam;]
21-12 [(2) unless listed in another schedule, a material,
21-13 compound, mixture, or preparation that contains any quantity of the
21-14 following substances having a stimulant effect on the central
21-15 nervous system, including the substance's salts, optical, position,
21-16 or geometric isomers, and salts of those isomers if the existence
21-17 of the salts, isomers, and salts of isomers is possible within the
21-18 specific designation:]
21-19 [Diethylpropion;]
21-20 [Fenfluramine;]
21-21 [Mazindol;]
21-22 [Pemoline (including organometallic complexes and
21-23 their chelates);]
21-24 [Phentermine;]
21-25 [Pipradol; and]
21-26 [SPA ((-)-1-dimethyamino-1, 2-diphenylethane);]
21-27 [(3) unless specifically excepted or unless listed in
22-1 another schedule, a material, compound, mixture, or preparation
22-2 that contains any quantity of the following substances, including
22-3 the substance's salts:]
22-4 [Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
22-5 2-diphenyl-3-methyl-2-propionoxybutane);]
22-6 [(4) unless specifically excepted or unless listed in
22-7 another schedule, a material, compound, mixture, or preparation
22-8 containing limited quantities of the following narcotic drug or its
22-9 salts:]
22-10 [not more than 1 milligram of difenoxin and not
22-11 less than 25 micrograms of atropine sulfate per dosage unit; and]
22-12 [(5) any human growth hormone or any of the following
22-13 anabolic steroids, or any isomer, ester, salt, or derivative of
22-14 the following that acts in the same manner on the human body:]
22-15 [Clostebol;]
22-16 [Dehydrochlormethyltestosterone;]
22-17 [Ethylestrenol;]
22-18 [Fluoxymesterone;]
22-19 [Mesterolone;]
22-20 [Methandienone;]
22-21 [Methandrostenolone;]
22-22 [Methenolone;]
22-23 [Methyltestosterone;]
22-24 [Nandrolone;]
22-25 [Norethandrolone;]
22-26 [Oxandrolone;]
22-27 [Oxymesterone;]
23-1 [Oxymetholone;]
23-2 [Stanozolol; and]
23-3 [Testosterone.]
23-4 [Sec. 481.036. SCHEDULE V. Schedule V consists of a
23-5 controlled substance that is a compound, mixture, or preparation
23-6 containing limited quantities of any of the following narcotic
23-7 drugs that also contain one or more nonnarcotic active medicinal
23-8 ingredients in sufficient proportion to confer on the compound,
23-9 mixture, or preparation valuable medicinal qualities other than
23-10 those possessed by the narcotic drug alone:]
23-11 [(1) not more than 200 milligrams of codeine, or any
23-12 of its salts, per 100 milliliters or per 100 grams;]
23-13 [(2) not more than 100 milligrams of dihydrocodeine,
23-14 or any of its salts, per 100 milliliters or per 100 grams;]
23-15 [(3) not more than 100 milligrams of ethylmorphine,
23-16 or any of its salts, per 100 milliliters or per 100 grams;]
23-17 [(4) not more than 2.5 milligrams of diphenoxylate and
23-18 not less than 25 micrograms of atropine sulfate per dosage unit;]
23-19 [(5) not more than 15 milligrams of opium per 29.5729
23-20 milliliters or per 28.35 grams; and]
23-21 [(6) not more than 0.5 milligrams of difenoxin and not
23-22 less than 25 micrograms of atropine sulfate per dosage unit.]
23-23 Sec. 481.033 [481.037]. EXCLUSION FROM SCHEDULES AND
23-24 APPLICATION OF ACT. (a) A nonnarcotic substance is excluded from
23-25 Schedules I through V if the substance may lawfully be sold over
23-26 the counter without a prescription, under the Federal Food, Drug,
23-27 and Cosmetic Act (21 U.S.C. Section 301 et seq.).
24-1 (b) The commissioner may not include in the schedules:
24-2 (1) a substance described by Subsection (a); or
24-3 (2) distilled spirits, wine, malt beverages, or
24-4 tobacco.
24-5 (c) A compound, mixture, or preparation containing a
24-6 stimulant substance listed in Schedule II and having a potential
24-7 for abuse associated with a stimulant effect on the central nervous
24-8 system [Section 481.033(3)] is excepted from the application of
24-9 this chapter if the compound, mixture, or preparation contains one
24-10 or more active medicinal ingredients not having a stimulant effect
24-11 on the central nervous system and if the admixtures are included in
24-12 combinations, quantity, proportions, or concentrations that vitiate
24-13 the potential for abuse of the substance having a stimulant effect
24-14 on the central nervous system.
24-15 (d) A compound, mixture, or preparation containing a
24-16 depressant substance listed in Schedule III or IV and having a
24-17 potential for abuse associated with a depressant effect on the
24-18 central nervous system [Section 481.034(1) or 481.035(1)] is
24-19 excepted from the application of this chapter if the compound,
24-20 mixture, or preparation contains one or more active medicinal
24-21 ingredients not having a depressant effect on the central nervous
24-22 system and if the admixtures are included in combinations,
24-23 quantity, proportions, or concentrations that vitiate the
24-24 potential for abuse of the substance having a depressant effect on
24-25 the central nervous system.
24-26 (e) A nonnarcotic prescription substance is exempted from
24-27 Schedules I through V and the application of this chapter to the
25-1 same extent that the substance has been exempted from the
25-2 application of the Federal Controlled Substances Act, if the
25-3 substance is listed as an exempt prescription product under 21
25-4 C.F.R. Section 1308.32 and its subsequent amendments.
25-5 (f) A chemical substance that is intended for laboratory,
25-6 industrial, educational, or special research purposes and not for
25-7 general administration to a human being or other animal is exempted
25-8 from Schedules I through V and the application of this chapter to
25-9 the same extent that the substance has been exempted from the
25-10 application of the Federal Controlled Substances Act, if the
25-11 substance is listed as an exempt chemical preparation under 21
25-12 C.F.R. Section 1308.24 and its subsequent amendments.
25-13 (g) An anabolic steroid product, which has no significant
25-14 potential for abuse due to concentration, preparation, mixture, or
25-15 delivery system, is exempted from Schedules I through V and the
25-16 application of this chapter to the same extent that the substance
25-17 has been exempted from the application of the Federal Controlled
25-18 Substances Act, if the substance is listed as an exempt anabolic
25-19 steroid product under 21 C.F.R. Section 1308.34 and its subsequent
25-20 amendments.
25-21 Sec. 481.034 [481.038]. ESTABLISHMENT AND MODIFICATION
25-22 [ALTERATION] OF SCHEDULES BY COMMISSIONER. (a) The commissioner,
25-23 with the approval of the Texas Board of Health, shall establish
25-24 schedules of controlled [may add] substances as described by
25-25 Section 481.032 [to Schedules I through V] and may add, delete, or
25-26 reschedule substances listed in those schedules. The commissioner
25-27 shall assign a controlled substance to a schedule:
26-1 (1) in accordance with [subject to] Section 481.035;
26-2 and
26-3 (2) in a manner consistent with this subchapter
26-4 [481.039].
26-5 (b) Except for alterations in schedules required by
26-6 Subsection (g), the commissioner may not make an alteration in a
26-7 schedule unless the commissioner holds a public hearing on the
26-8 matter in Austin.
26-9 (c) The commissioner may not:
26-10 (1) add a substance to the schedules if[:]
26-11 [(1)] the substance has been deleted from the
26-12 schedules by the legislature; [or]
26-13 (2) delete a substance from the schedules if the
26-14 substance has been added to the schedules by the legislature; or
26-15 (3) reschedule a substance if the substance has been
26-16 placed in a schedule by the legislature [legislation attempting to
26-17 add the substance to the schedules has failed to pass when
26-18 considered by a quorum of either house of the legislature].
26-19 (d) In making a determination regarding a substance, the
26-20 commissioner shall consider:
26-21 (1) the actual or relative potential for its abuse;
26-22 (2) the scientific evidence of its pharmacological
26-23 effect, if known;
26-24 (3) the state of current scientific knowledge
26-25 regarding the substance;
26-26 (4) the history and current pattern of its abuse;
26-27 (5) the scope, duration, and significance of its
27-1 abuse;
27-2 (6) the risk to the public health;
27-3 (7) the potential of the substance to produce
27-4 psychological or physiological dependence liability; and
27-5 (8) whether the substance is an immediate precursor of
27-6 a substance already controlled under this chapter.
27-7 (e) After considering the factors listed in Subsection (d),
27-8 the commissioner shall make findings with respect to those factors
27-9 and adopt a rule controlling the substance if the commissioner
27-10 finds the substance has a potential for abuse.
27-11 (f) If the commissioner designates a substance as an
27-12 immediate precursor, a substance that is a precursor of the
27-13 controlled precursor is not subject to control solely because it
27-14 is a precursor of the controlled precursor.
27-15 (g) Except as otherwise provided by this subsection, if a
27-16 substance is designated, rescheduled, or deleted as a controlled
27-17 substance under federal law and notice of that fact is given to
27-18 the commissioner, the commissioner similarly shall control the
27-19 substance under this chapter. After the expiration of a 30-day
27-20 period beginning on the day after the date of publication in the
27-21 Federal Register of a final order designating a substance as a
27-22 controlled substance or rescheduling or deleting a substance, the
27-23 commissioner similarly shall designate, reschedule, or delete the
27-24 substance, unless the commissioner objects during the period. If
27-25 the commissioner objects, the commissioner shall publish the
27-26 reasons for the objection and give all interested parties an
27-27 opportunity to be heard. At the conclusion of the hearing, the
28-1 commissioner shall publish a decision, which is final unless
28-2 altered by statute. On publication of an objection by the
28-3 commissioner, control as to that particular substance under this
28-4 chapter is stayed until the commissioner publishes the
28-5 commissioner's decision.
28-6 (h) Not later than the 10th day after the date on which the
28-7 commissioner designates [adds], deletes, or reschedules a substance
28-8 under Subsection (a), the commissioner shall give written notice of
28-9 that action to the director and to each state licensing agency
28-10 having jurisdiction over practitioners.
28-11 Sec. 481.035 [481.039]. FINDINGS. (a) The commissioner
28-12 shall place a substance in Schedule I if the commissioner finds
28-13 that the substance:
28-14 (1) has a high potential for abuse; and
28-15 (2) has no accepted medical use in treatment in the
28-16 United States or lacks accepted safety for use in treatment under
28-17 medical supervision.
28-18 (b) The commissioner shall place a substance in Schedule II
28-19 if the commissioner finds that:
28-20 (1) the substance has a high potential for abuse;
28-21 (2) the substance has currently accepted medical use
28-22 in treatment in the United States; and
28-23 (3) abuse of the substance may lead to severe
28-24 psychological or physical dependence.
28-25 (c) The commissioner shall place a substance in Schedule III
28-26 if the commissioner finds that:
28-27 (1) the substance has a potential for abuse less than
29-1 that of the substances listed in Schedules I and II;
29-2 (2) the substance has currently accepted medical use
29-3 in treatment in the United States; and
29-4 (3) abuse of the substance may lead to moderate or low
29-5 physical dependence or high psychological dependence.
29-6 (d) The commissioner shall place a substance in Schedule IV
29-7 if the commissioner finds that:
29-8 (1) the substance has a lower potential for abuse than
29-9 that of the substances listed in Schedule III;
29-10 (2) the substance has currently accepted medical use
29-11 in treatment in the United States; and
29-12 (3) abuse of the substance may lead to a more limited
29-13 physical or psychological dependence than that of the substances
29-14 listed in Schedule III.
29-15 (e) The commissioner shall place a substance in Schedule V
29-16 if the commissioner finds that the substance:
29-17 (1) has a lower potential for abuse than that of the
29-18 substances listed in Schedule IV;
29-19 (2) has currently accepted medical use in treatment in
29-20 the United States; and
29-21 (3) may lead to a more limited physical or
29-22 psychological dependence liability than that of the substances
29-23 listed in Schedule IV.
29-24 Sec. 481.036 [481.040]. PUBLICATION OF SCHEDULES. (a) The
29-25 commissioner shall publish the schedules [annually] by filing a
29-26 certified copy of the schedules with the secretary of state for
29-27 publication in the Texas Register not later than the fifth working
30-1 day after the date the Texas Board of Health approves an action by
30-2 the commissioner under this subchapter.
30-3 (b) Each published schedule must show changes, if any, made
30-4 in the schedule since its latest publication.
30-5 (c) An action by the commissioner that establishes or
30-6 modifies a schedule under this subchapter and is approved by the
30-7 Texas Board of Health may take effect not earlier than the 21st
30-8 day after the date on which the schedule or modification is
30-9 published in the Texas Register unless an emergency exists that
30-10 necessitates earlier action to avoid an imminent hazard to the
30-11 public safety.
30-12 SECTION 3. Section 481.061(a), Health and Safety Code, is
30-13 amended to read as follows:
30-14 (a) Except as otherwise provided by this chapter, a [A]
30-15 person who is not a registrant may not manufacture, distribute,
30-16 prescribe, possess, analyze, or dispense a controlled substance in
30-17 this state [without a registration issued under this subchapter].
30-18 SECTION 4. Section 481.062(a), Health and Safety Code, is
30-19 amended to read as follows:
30-20 (a) The following persons are not required to register and
30-21 may possess a controlled substance under this chapter:
30-22 (1) an agent or employee of a registered manufacturer,
30-23 distributor, analyzer, or dispenser of the controlled substance
30-24 acting in the usual course of business or employment;
30-25 (2) a common or contract carrier, a warehouseman, or
30-26 an employee of a carrier or warehouseman whose possession of the
30-27 controlled substance is in the usual course of business or
31-1 employment;
31-2 (3) an ultimate user or a person in possession of the
31-3 controlled substance under a lawful order of a practitioner or in
31-4 lawful possession of the controlled substance if it is listed in
31-5 Schedule V;
31-6 (4) an officer or employee of this state, another
31-7 state, or the United States who is lawfully engaged in the
31-8 enforcement of a law relating to a controlled substance or drug or
31-9 to a customs law and authorized to possess the controlled substance
31-10 in the discharge of the person's official duties; or
31-11 (5) [(4)] if the substance is tetrahydrocannabinol or
31-12 one of its derivatives:
31-13 (A) a Texas Department of Health official, a
31-14 medical school researcher, or a research program participant
31-15 possessing the substance as authorized under Subchapter G; or
31-16 (B) a practitioner or an ultimate user
31-17 possessing the substance as a participant in a federally approved
31-18 therapeutic research program that the commissioner has reviewed
31-19 and found, in writing, to contain a medically responsible research
31-20 protocol.
31-21 SECTION 5. Sections 481.0621(a) and (c), Health and Safety
31-22 Code, are amended to read as follows:
31-23 (a) This subchapter does not apply to an educational or
31-24 research program of a private school other than a home school, a
31-25 school district, or a public or private institution of higher
31-26 education. This subchapter does not apply to a manufacturer,
31-27 wholesaler, retailer, or other person who sells, transfers, or
32-1 furnishes materials covered by this subchapter to those educational
32-2 or research programs.
32-3 (c) The department and the Texas [Central] Education Agency
32-4 shall adopt a memorandum of understanding that establishes the
32-5 responsibilities of the agency, the department, private schools
32-6 other than a home school, and school districts in implementing and
32-7 maintaining a program for reporting information concerning
32-8 controlled substances, controlled substance analogues, chemical
32-9 precursors, and chemical laboratory apparatus used in educational
32-10 or research activities of those schools and school districts.
32-11 SECTION 6. Sections 481.063(a), (e), (f), and (g), Health
32-12 and Safety Code, are amended to read as follows:
32-13 (a) The director may refuse to [not] issue a registration to
32-14 a person to manufacture, distribute, analyze, or conduct research
32-15 with a controlled substance if the person fails or refuses to
32-16 provide to [unless] the director [receives] a consent form signed
32-17 by the person granting the director the right to inspect the
32-18 person's controlled premises and any record, controlled substance,
32-19 or other item covered by this chapter.
32-20 (e) An application for registration to manufacture,
32-21 distribute, analyze, [or] dispense, or conduct research with a
32-22 controlled substance may be denied on a finding that the applicant:
32-23 (1) has furnished [false or fraudulent] material
32-24 information in an application filed under this chapter that the
32-25 applicant knows is false or fraudulent;
32-26 (2) has been convicted of or placed on community
32-27 supervision or other probation for:
33-1 (A) a felony;
33-2 (B) a violation of this chapter or of Chapters
33-3 482-485; or
33-4 (C) an offense reasonably related to the
33-5 registration sought;
33-6 (3) has voluntarily surrendered or has had suspended,
33-7 denied, or revoked a registration or application for registration
33-8 to manufacture, distribute, analyze, or dispense controlled
33-9 substances under the Federal Controlled Substances Act;
33-10 (4) has had suspended, probated, or revoked a
33-11 registration or a practitioner's license under the laws of this
33-12 state or another state;
33-13 (5) has intentionally or knowingly failed to establish
33-14 and maintain effective security controls against diversion of
33-15 controlled substances into other than legitimate medical,
33-16 scientific, or industrial channels as provided by federal
33-17 regulations or laws, this chapter, or a rule adopted under this
33-18 chapter;
33-19 (6) has intentionally or knowingly [wilfully] failed
33-20 to maintain records required to be kept by this chapter or a rule
33-21 adopted under this chapter;
33-22 (7) [or] has [wilfully or unreasonably] refused to
33-23 allow an inspection authorized by this chapter or a rule adopted
33-24 under this chapter; [or]
33-25 (8) [(7)] has intentionally or knowingly violated this
33-26 chapter or a rule adopted under this chapter; or
33-27 (9) has voluntarily surrendered a registration that
34-1 has not been reinstated.
34-2 (f) The director may inspect the premises or establishment
34-3 of an applicant for registration in accordance with this chapter.
34-4 (g) A registration is valid until the first anniversary of
34-5 the date of issuance and may [must] be renewed [obtained] annually
34-6 under rules adopted by the director, unless a rule provides for a
34-7 longer period of validity or renewal.
34-8 SECTION 7. Section 481.066, Health and Safety Code, is
34-9 amended to read as follows:
34-10 Sec. 481.066. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION,
34-11 PROBATION, OR REVOCATION OF REGISTRATION. (a) The director [A
34-12 district court] may accept a voluntary surrender of a registration.
34-13 (b) The director may cancel, suspend, or revoke a
34-14 registration, place on probation a person whose license has been
34-15 suspended, or reprimand a registrant for a cause described by
34-16 Section 481.063(e).
34-17 (c) The director may cancel a registration that was issued
34-18 in error.
34-19 (d) The director [The attorney representing the state in
34-20 district court or the attorney general shall file and prosecute
34-21 appropriate judicial proceedings for the suspension or revocation
34-22 of a registrant's registration on presentation of competent
34-23 evidence by the director. A proceeding under this section may be
34-24 maintained in:]
34-25 [(1) the registrant's county of residence;]
34-26 [(2) the county in which the registrant maintains a
34-27 place of business or practice;]
35-1 [(3) the county in which a wrongful act under Section
35-2 481.063(e) was committed; or]
35-3 [(4) Travis County.]
35-4 [(b) A petition for the suspension or revocation of a
35-5 registration is sufficient if it substantially complies with the
35-6 following requirements:]
35-7 [(1) the petitioner must be "The State of Texas";]
35-8 [(2) the petition must be directed to the registrant
35-9 whose license is sought to be suspended or revoked;]
35-10 [(3) the petition must contain a short statement of
35-11 the cause of action sufficient to give notice of the grounds on
35-12 which suspension or revocation of the registration is sought;]
35-13 [(4) the petition must ask for a suspension or
35-14 revocation of the registration; and]
35-15 [(5) the petition must be verified by the director.]
35-16 [(c) A court that suspends or revokes a registration] may
35-17 limit the cancellation, suspension, probation, or revocation to the
35-18 particular schedule or controlled substance within a schedule for
35-19 which grounds for cancellation, suspension, probation, or
35-20 revocation exist.
35-21 (e) After accepting the voluntary surrender of a
35-22 registration or ordering the cancellation, suspension, probation,
35-23 or revocation of a registration, the director may seize or [(d) If
35-24 a registration is suspended or revoked, at the time of suspension
35-25 or the effective date of the revocation order the court may] place
35-26 under seal all controlled substances owned or possessed by the
35-27 registrant under the authority of that registration. If the
36-1 director orders the cancellation, suspension, probation, or
36-2 revocation of a registration, a [A] disposition may not be made of
36-3 the seized or sealed substances [under seal] until the time for
36-4 administrative appeal of the order has elapsed or until all appeals
36-5 have been concluded, except that the director [on an application
36-6 the court] may order the sale of perishable substances and deposit
36-7 of the proceeds of the sale in a special interest-bearing account
36-8 in the general revenue fund [with the court]. When a surrender or
36-9 cancellation, suspension, probation, or revocation order becomes
36-10 final, all controlled substances may be forfeited to the state as
36-11 provided under Subchapter E [Section 481.157].
36-12 (f) [(e)] The operation of a registrant in violation of this
36-13 section is a public nuisance, and the director may apply to any
36-14 court of competent jurisdiction for an injunction suspending the
36-15 registration of the registrant.
36-16 (g) Chapter 2001, Government Code, applies to a proceeding
36-17 [(f) The Rules of Civil Procedure govern proceedings] under this
36-18 section to the extent that that chapter does [they do] not conflict
36-19 with this subchapter [section].
36-20 (h) [(g)] The director shall promptly notify appropriate
36-21 state agencies of an order accepting a voluntary surrender or
36-22 canceling, suspending, probating, or revoking a registration and
36-23 the forfeiture of controlled substances.
36-24 (i) The director shall give written notice to the applicant
36-25 or registrant of the acceptance of a voluntary surrender of a
36-26 registration, or of the cancellation, suspension, probation,
36-27 revocation, or denial of a registration. The notice shall be sent
37-1 by registered mail, return receipt requested, to the most current
37-2 address of the applicant or registrant contained in the files of
37-3 the Department of Public Safety.
37-4 (j) After a voluntary surrender, cancellation, suspension,
37-5 probation, revocation, or denial of a registration, on petition of
37-6 the applicant or former registrant, the director may issue or
37-7 reinstate the registration for good cause shown by the petitioner.
37-8 SECTION 8. Sections 481.071(b) and (c), Health and Safety
37-9 Code, are amended to read as follows:
37-10 (b) An anabolic steroid or human growth hormone listed in
37-11 Schedule III [Section 481.035] may only be:
37-12 (1) dispensed, prescribed, delivered, or administered
37-13 by a practitioner, as defined by Section 481.002(39)(A), for a
37-14 valid medical purpose and in the course of professional practice;
37-15 or
37-16 (2) dispensed or delivered by a pharmacist according
37-17 to a prescription issued by a practitioner, as defined by Section
37-18 481.002(39)(A) or (C), for a valid medical purpose and in the
37-19 course of professional practice.
37-20 (c) For the purposes of Subsection (b), bodybuilding, muscle
37-21 enhancement, or increasing muscle bulk or strength through the use
37-22 of an anabolic steroid or human growth hormone listed in Schedule
37-23 III [Section 481.035] by a person who is in good health is not a
37-24 valid medical purpose.
37-25 SECTION 9. Sections 481.074(h), (i), and (k), Health and
37-26 Safety Code, are amended to read as follows:
37-27 (h) A pharmacist may dispense a controlled substance listed
38-1 in Schedule III, IV, or V under an original written prescription
38-2 issued by a practitioner defined by Section 481.002(39)(C)
38-3 [481.002(38)(C)] and only if the pharmacist determines that the
38-4 prescription was issued for a valid medical purpose and in the
38-5 course of professional practice. A prescription issued under this
38-6 subsection may not be filled or refilled later than six months
38-7 after the date the prescription is issued, and a prescription
38-8 authorized to be refilled on the original prescription may not be
38-9 refilled more than five times.
38-10 (i) A person may not dispense a controlled substance listed
38-11 in Schedule V and containing 200 milligrams or less of codeine, or
38-12 any of its salts, per 100 milliliters or per 100 grams, or
38-13 containing 100 milligrams or less of dihydrocodeine, or any of its
38-14 salts, per 100 milliliters or per 100 grams, [Section 481.036(1) or
38-15 (2)] without the prescription of a practitioner defined by Section
38-16 481.002(39)(A), except that a practitioner may dispense the
38-17 substance directly to an ultimate user. A prescription issued
38-18 under this subsection may not be filled or refilled later than six
38-19 months after the date the prescription is issued and may not be
38-20 refilled more than five times, unless the prescription is renewed
38-21 by the practitioner.
38-22 (k) A prescription for a controlled substance must show:
38-23 (1) the quantity of the substance prescribed:
38-24 (A) numerically, followed by the number written
38-25 as a word, if the prescription is written; or
38-26 (B) if the prescription is communicated orally
38-27 or telephonically, as transcribed by the receiving pharmacist;
39-1 (2) the date of issue;
39-2 (3) the name and address of the patient or, if the
39-3 controlled substance is prescribed for an animal, the species of
39-4 the animal and the name and address of its owner;
39-5 (4) the name and strength of the controlled substance
39-6 prescribed;
39-7 (5) the directions for use of the controlled
39-8 substance;
39-9 [(6) the legibly stamped or printed name, address,
39-10 Federal Drug Enforcement Administration registration number, and
39-11 telephone number of the practitioner at the practitioner's usual
39-12 place of business.]
39-13 (6) the intended use of the substance prescribed
39-14 [drug] unless the practitioner determines the furnishing of this
39-15 information is not in the best interest of the patient; and
39-16 (7) the legibly printed or stamped name, address,
39-17 Federal Drug Enforcement Administration registration number, and
39-18 telephone number of the practitioner at the practitioner's usual
39-19 place of business[, legibly printed or stamped].
39-20 SECTION 10. Sections 481.076(a), (b), and (d), Health and
39-21 Safety Code, are amended to read as follows:
39-22 (a) The director may not permit any person to have access to
39-23 information submitted to the Department of Public Safety, including
39-24 information that may show a patient is obtaining a controlled
39-25 substance from another practitioner, under Section 481.075 except:
39-26 (1) an investigator [investigators] for the Texas
39-27 State Board of Medical Examiners, the Texas State Board of
40-1 Podiatric Medical Examiners, the State Board of Dental Examiners,
40-2 the State Board of Veterinary Medical Examiners, or the Texas State
40-3 Board of Pharmacy; [or]
40-4 (2) an authorized officer or member [officers] of the
40-5 Department of Public Safety engaged in the administration,
40-6 investigation, or enforcement of [suspected criminal violations of]
40-7 this chapter or other law governing illicit drugs in this state or
40-8 another state; or
40-9 (3) if the director finds that proper need has been
40-10 shown to the director:
40-11 (A) a law enforcement or prosecutorial official
40-12 engaged in the administration, investigation, or enforcement of
40-13 this chapter or other law governing illicit drugs in this state or
40-14 another state;
40-15 (B) a pharmacist or a practitioner who is a
40-16 physician, dentist, veterinarian, or podiatrist and who is
40-17 inquiring about the recent prescription history of a particular
40-18 patient or prospective patient of the practitioner, whether or not
40-19 the practitioner has reason to believe the patient may be
40-20 attempting to obtain a controlled substance illegally; or
40-21 (C) a practitioner inquiring about the
40-22 practitioner's own prescribing or dispensing activity [who obtain
40-23 access with the approval of an investigator listed in Subdivision
40-24 (1)].
40-25 (b) This section does not prohibit the director from
40-26 creating, using, or disclosing statistical data about information
40-27 received by the director under this section if the director removes
41-1 any information reasonably likely to reveal the identity of each
41-2 patient, practitioner, or other person who is a subject of the
41-3 information [An investigator listed in Subsection (a)(1) shall
41-4 cooperate with and assist the authorized officers of the Department
41-5 of Public Safety in obtaining information for investigations of
41-6 suspected criminal violations of this chapter].
41-7 (d) Information submitted to the director [Department of
41-8 Public Safety] under this section may be used only for:
41-9 (1) administration, investigation, or enforcement of
41-10 this chapter or other law governing illicit drugs in this state or
41-11 another state;
41-12 (2) [drug-related criminal investigatory or
41-13 evidentiary purposes or for] investigatory or evidentiary purposes
41-14 in connection with the functions of an agency listed in Subsection
41-15 (a)(1); or
41-16 (3) dissemination by the director to the public in the
41-17 form of a statistical tabulation or report if all information
41-18 reasonably likely to reveal the identity of each patient,
41-19 practitioner, or other person who is a subject of the information
41-20 has been removed.
41-21 SECTION 11. Sections 481.077(a), (b), (c), (k), and (l),
41-22 Health and Safety Code, are amended to read as follows:
41-23 (a) Except as provided by Subsection (l), a person who
41-24 sells, transfers, or otherwise furnishes any of the following
41-25 precursor substances to a person shall make an accurate and
41-26 legible record of the transaction and maintain the record for at
41-27 least two years after the date of the transaction:
42-1 (1) Methylamine;
42-2 (2) Ethylamine;
42-3 (3) D-lysergic acid;
42-4 (4) Ergotamine tartrate;
42-5 (5) Diethyl malonate;
42-6 (6) Malonic acid;
42-7 (7) Ethyl malonate;
42-8 (8) Barbituric acid;
42-9 (9) Piperidine;
42-10 (10) N-acetylanthranilic acid;
42-11 (11) Pyrrolidine;
42-12 (12) Phenylacetic acid;
42-13 (13) Anthranilic acid;
42-14 (14) [Morpholine;]
42-15 [(15)] Ephedrine;
42-16 (15) [(16)] Pseudoephedrine;
42-17 (16) Norpseudoephedrine [or norpseudoephedrine]; or
42-18 (17) Phenylpropanolamine.
42-19 (b) The director by rule may:
42-20 (1) name an additional chemical substance as a
42-21 precursor [substances as precursors] for purposes of Subsection
42-22 (a) if the director determines that public health and welfare are
42-23 jeopardized by evidenced proliferation or use of the [a chemical]
42-24 substance [used] in the illicit manufacture of a controlled
42-25 substance or controlled substance analogue; or
42-26 (2) [. The director by rule may] delete a substance
42-27 listed in [named as a precursor for purposes of] Subsection (a) if
43-1 the director determines that the substance does not jeopardize
43-2 public health and welfare or is not used in the illicit manufacture
43-3 of a controlled substance or a controlled substance analogue.
43-4 (c) This section and Section 481.078 do not apply to a
43-5 person to whom a registration has been issued under Section 481.063
43-6 [The Department of Public Safety shall file with the secretary of
43-7 state a certified copy of a rule adopted under this section].
43-8 (k) Unless the person is the holder of only a permit issued
43-9 under Section 481.078(b)(1), a [A] manufacturer, wholesaler,
43-10 retailer, or other person who sells, transfers, or otherwise
43-11 furnishes any substance subject to Subsection (a) or a permit
43-12 holder, commercial purchaser, or other person who receives a
43-13 substance governed by Subsection (a):
43-14 (1) shall maintain records and inventories in
43-15 accordance with rules established by the director;
43-16 (2) [and] shall allow a member of the Department of
43-17 Public Safety or a peace officer to conduct audits and inspect
43-18 records of purchases and sales and all other records made in
43-19 accordance with this section at any reasonable time; and
43-20 (3) may not interfere with the audit or with the full
43-21 and complete inspection or copying of those records [. This
43-22 subsection does not apply to a recipient who has obtained a
43-23 precursor substance subject to Subsection (a) and who is a permit
43-24 holder under Section 481.078].
43-25 (l) This section does not apply to the sale or transfer of a
43-26 nonnarcotic product that includes a precursor substance subject to
43-27 Subsection (a) if the sale or transfer complies with federal law
44-1 and involves a product that may be sold lawfully with a
44-2 prescription or over the counter without a prescription under the
44-3 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
44-4 seq.) or a rule adopted under that Act.
44-5 SECTION 12. Section 481.078, Health and Safety Code, is
44-6 amended by amending Subsections (b) and (e) and adding Subsection
44-7 (f) to read as follows:
44-8 (b) The director [Department of Public Safety] by rule shall
44-9 adopt [develop] procedures and standards for the issuance and
44-10 renewal or the voluntary surrender, cancellation, suspension,
44-11 probation, or revocation of:
44-12 (1) a permit for one sale, transfer, receipt, or
44-13 otherwise furnishing of a controlled substance precursor; or
44-14 (2) a permit for more than one sale, transfer,
44-15 receipt, or otherwise furnishing of a controlled substance
44-16 precursor.
44-17 (e) The director may not issue a permit under this section
44-18 unless the person applying for the permit delivers to the director
44-19 a written consent to inspect signed by the person that grants to
44-20 the director the right to inspect any controlled premise, record,
44-21 chemical precursor, or other item governed by this chapter in the
44-22 care, custody, or control of the person. After the director
44-23 receives the consent, the director may inspect any controlled
44-24 premise, record, chemical precursor, or other item to which the
44-25 consent applies.
44-26 (f) The director may adopt rules to establish security
44-27 controls and provide for the inspection of a place, entity, or item
45-1 to which a chemical precursor transfer permit applies.
45-2 [Department of Public Safety shall file with the secretary of state
45-3 a certified copy of a rule adopted under this section.]
45-4 SECTION 13. Sections 481.080(a), (d), (e), and (m), Health
45-5 and Safety Code, are amended to read as follows:
45-6 (a) In this section, "chemical laboratory apparatus" means
45-7 any item of equipment designed, made, or adapted to manufacture a
45-8 controlled substance or a controlled substance analogue, including:
45-9 (1) a condenser [condensers];
45-10 (2) a distilling apparatus;
45-11 (3) a vacuum drier [dryers];
45-12 (4) a three-neck or [flasks;]
45-13 [(5)] distilling flask;
45-14 (5) a [flasks;]
45-15 [(6)] tableting machine;
45-16 (6) an [machines; or]
45-17 [(7)] encapsulating machine;
45-18 (7) a filter, Buchner, or separatory funnel;
45-19 (8) an Erlenmeyer, two-neck, or single-neck flask;
45-20 (9) a round-bottom, Florence, thermometer, or
45-21 filtering flask;
45-22 (10) a Soxhlet extractor;
45-23 (11) a transformer;
45-24 (12) a flask heater;
45-25 (13) a heating mantel; or
45-26 (14) an adaptor tube [machines].
45-27 (d) The director by rule may:
46-1 (1) name additional chemical laboratory apparatus for
46-2 purposes of Subsection (a) if the director determines that public
46-3 health and welfare are jeopardized by evidenced proliferation or
46-4 use of a chemical laboratory apparatus in the illicit manufacture
46-5 of a controlled substance or controlled substance analogue; or
46-6 (2) [. The director by rule may] delete an apparatus
46-7 listed in Subsection (a) if the director determines that the
46-8 apparatus does not jeopardize public health and welfare or is not
46-9 used in the illicit manufacture of a controlled substance or a
46-10 controlled substance analogue.
46-11 (e) This section and Section 481.081 do not apply to a
46-12 person to whom a registration has been issued under Section 481.063
46-13 [The Department of Public Safety shall file with the secretary of
46-14 state a certified copy of a rule adopted under this section].
46-15 (m) This subsection applies to a [A] manufacturer,
46-16 wholesaler, retailer, or other person who sells, transfers, or
46-17 otherwise furnishes any apparatus subject to Subsection (a) and to
46-18 a permit holder, commercial purchaser, or other person who receives
46-19 an apparatus governed by Subsection (a) unless the person is the
46-20 holder of only a permit issued under Section 481.081(b)(1). A
46-21 person covered by this subsection:
46-22 (1) shall maintain records and inventories in
46-23 accordance with rules established by the director;
46-24 (2) [and] shall allow a member of the Department of
46-25 Public Safety or a peace officer to conduct audits and inspect
46-26 records of purchases and sales and all other records made in
46-27 accordance with this section at any reasonable time; and
47-1 (3) may not interfere with the audit or with the full
47-2 and complete inspection or copying of those records [. This
47-3 subsection does not apply to a recipient who has obtained a
47-4 chemical laboratory apparatus subject to Subsection (a) and who is
47-5 a permit holder under Section 481.081].
47-6 SECTION 14. Section 481.081, Health and Safety Code, is
47-7 amended by amending Subsections (b) and (e) and adding Subsection
47-8 (f) to read as follows:
47-9 (b) The director [Department of Public Safety] by rule shall
47-10 adopt [develop] procedures and standards for the issuance and
47-11 renewal or the voluntary surrender, cancellation, suspension,
47-12 probation, or revocation of:
47-13 (1) a permit for one sale, transfer, receipt, or
47-14 otherwise furnishing of a chemical laboratory apparatus; or
47-15 (2) a permit for more than one sale, transfer,
47-16 receipt, or otherwise furnishing of a chemical laboratory
47-17 apparatus.
47-18 (e) The director may not issue a permit under this section
47-19 unless the person applying for the permit delivers to the director
47-20 a written consent to inspect signed by the person that grants to
47-21 the director the right to inspect any controlled premise, record,
47-22 chemical laboratory apparatus, or other item governed by this
47-23 chapter in the care, custody, or control of the person. After the
47-24 director receives the consent, the director may inspect any
47-25 controlled premise, record, chemical laboratory apparatus, or other
47-26 item to which the consent applies.
47-27 (f) The director may by rule establish security controls and
48-1 provide for the inspection of a place, entity, or item to which a
48-2 chemical laboratory apparatus transfer permit applies. [Department
48-3 of Public Safety shall file with the secretary of state a certified
48-4 copy of a rule adopted under this section.]
48-5 SECTION 15. Section 481.102, Health and Safety Code, is
48-6 amended to read as follows:
48-7 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
48-8 (1) the following opiates, including their isomers,
48-9 esters, ethers, salts, and salts of isomers, esters, and ethers,
48-10 unless specifically excepted, if the existence of these isomers,
48-11 esters, ethers, and salts is possible within the specific chemical
48-12 designation:
48-13 Alfentanil;
48-14 Allylprodine;
48-15 Alphacetylmethadol;
48-16 Benzethidine;
48-17 Betaprodine;
48-18 Clonitazene;
48-19 Diampromide;
48-20 Diethylthiambutene;
48-21 Difenoxin not listed in Penalty Group 3 or 4;
48-22 Dimenoxadol;
48-23 Dimethylthiambutene;
48-24 Dioxaphetyl butyrate;
48-25 Dipipanone;
48-26 Ethylmethylthiambutene;
48-27 Etonitazene;
49-1 Etoxeridine;
49-2 Furethidine;
49-3 Hydroxypethidine;
49-4 Ketobemidone;
49-5 Levophenacylmorphan;
49-6 Meprodine;
49-7 Methadol;
49-8 Moramide;
49-9 Morpheridine;
49-10 Noracymethadol;
49-11 Norlevorphanol;
49-12 Normethadone;
49-13 Norpipanone;
49-14 Phenadoxone;
49-15 Phenampromide;
49-16 Phenomorphan;
49-17 Phenoperidine;
49-18 Piritramide;
49-19 Proheptazine;
49-20 Properidine;
49-21 Propiram;
49-22 Sufentanil;
49-23 Tilidine; and
49-24 Trimeperidine;
49-25 (2) the following opium derivatives, their salts,
49-26 isomers, and salts of isomers, unless specifically excepted, if the
49-27 existence of these salts, isomers, and salts of isomers is
50-1 possible within the specific chemical designation:
50-2 Acetorphine;
50-3 Acetyldihydrocodeine;
50-4 Benzylmorphine;
50-5 Codeine methylbromide;
50-6 Codeine-N-Oxide;
50-7 Cyprenorphine;
50-8 Desomorphine;
50-9 Dihydromorphine;
50-10 Drotebanol;
50-11 Etorphine, except hydrochloride salt;
50-12 Heroin;
50-13 Hydromorphinol;
50-14 Methyldesorphine;
50-15 Methyldihydromorphine;
50-16 Monoacetylmorphine;
50-17 Morphine methylbromide;
50-18 Morphine methylsulfonate;
50-19 Morphine-N-Oxide;
50-20 Myrophine;
50-21 Nicocodeine;
50-22 Nicomorphine;
50-23 Normorphine;
50-24 Pholcodine; and
50-25 Thebacon;
50-26 (3) the following substances, however produced, except
50-27 those narcotic drugs listed in another group:
51-1 (A) Opium and opiate not listed in Penalty Group
51-2 3 or 4, and a salt, compound, derivative, or preparation of opium
51-3 or opiate, other than thebaine derived butorphanol, nalmefene and
51-4 its salts, naloxone and its salts, and naltrexone and its salts,
51-5 but including:
51-6 Codeine not listed in Penalty Group 3 or 4;
51-7 Ethylmorphine not listed in Penalty Group 3
51-8 or 4;
51-9 Granulated opium;
51-10 Hydrocodone not listed in Penalty Group 3;
51-11 Hydromorphone;
51-12 Metopon;
51-13 Morphine not listed in Penalty Group 3;
51-14 Opium extracts;
51-15 Opium fluid extracts;
51-16 Oxycodone;
51-17 Oxymorphone;
51-18 Powdered opium;
51-19 Raw opium;
51-20 Thebaine; and
51-21 Tincture of opium;
51-22 (B) a salt, compound, isomer, derivative, or
51-23 preparation of a substance that is chemically equivalent or
51-24 identical to a substance described by Paragraph (A), other than
51-25 the isoquinoline alkaloids of opium;
51-26 (C) Opium poppy and poppy straw;
51-27 (D) Cocaine, including:
52-1 (i) its salts, its optical, position, and
52-2 geometric isomers, and the salts of those isomers;
52-3 (ii) coca leaves and a salt, compound,
52-4 derivative, or preparation of coca leaves;
52-5 (iii) a salt, compound, derivative, or
52-6 preparation of a salt, compound, or derivative that is chemically
52-7 equivalent or identical to a substance described by Subparagraph
52-8 (i) or (ii), other than decocainized coca leaves or extractions of
52-9 coca leaves that do not contain cocaine or ecgonine; and
52-10 (E) concentrate of poppy straw, meaning the
52-11 crude extract of poppy straw in liquid, solid, or powder form that
52-12 contains the phenanthrine alkaloids of the opium poppy[; and]
52-13 [(F) temporary listing of substances subject to
52-14 emergency scheduling by the Federal Drug Enforcement
52-15 Administration];
52-16 (4) the following opiates, including their isomers,
52-17 esters, ethers, salts, and salts of isomers, if the existence of
52-18 these isomers, esters, ethers, and salts is possible within the
52-19 specific chemical designation:
52-20 Acetyl-alpha-methylfentanyl
52-21 (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide);
52-22 Alpha-methylthiofentanyl
52-23 (N-(1-methyl-2-(2-thienyl)ethyl-4-piperidinyl)-N-phenylpropanamide);
52-24 Alphaprodine;
52-25 Anileridine;
52-26 Beta-hydroxyfentanyl
52-27 (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenylpropanamide);
53-1 Beta-hydroxy-3-methylfentanyl;
53-2 Bezitramide;
53-3 Carfentanil;
53-4 Dihydrocodeine not listed in Penalty Group 3 or
53-5 4;
53-6 Diphenoxylate not listed in Penalty Group 3 or 4;
53-7 Fentanyl or alpha-methylfentanyl, or any other
53-8 derivative of Fentanyl;
53-9 Isomethadone;
53-10 Levomethorphan;
53-11 Levorphanol;
53-12 Metazocine;
53-13 Methadone;
53-14 Methadone-Intermediate,
53-15 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
53-16 3-methylfentanyl(N-(3-methyl-1-(2-phenylethyl)-
53-17 4-piperidyl)-N-phenylpropanamide);
53-18 3-methylthiofentanyl(N-(3-methyl-1-(2-thienyl)
53-19 ethyl-4-piperidinyl[piperidyl])-N-phenylpropanamide);
53-20 Moramide-Intermediate, 2-methyl-3-morpholino-1,
53-21 1-diphenyl-propane-carboxylic acid;
53-22 Para-fluorofentanyl(N-(4-fluorophenyl)-N-(1-
53-23 (2-phenylethyl)-4-piperidinyl)propanamide);
53-24 PEPAP
53-25 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
53-26 Pethidine (Meperidine);
53-27 Pethidine-Intermediate-A,
54-1 4-cyano-1-methyl-4-phenylpiperidine;
54-2 Pethidine-Intermediate-B,
54-3 ethyl-4-phenylpiperidine-4 carboxylate;
54-4 Pethidine-Intermediate-C,
54-5 1-methyl-4-phenylpiperidine-4-carboxylic acid;
54-6 Phenazocine;
54-7 Piminodine;
54-8 Racemethorphan;
54-9 Racemorphan; and
54-10 Thiofentanyl(N-phenyl-N-(1-(2-thienyl)ethyl-4-
54-11 piperidinyl)-propanamide);
54-12 (5) Flunitrazepam (some trade or other names:
54-13 Rohypnol) [Lysergic acid diethylamide, including its salts,
54-14 isomers, and salts of isomers];
54-15 (6) Methamphetamine, including its salts, optical
54-16 isomers, and salts of optical isomers;
54-17 (7) Phenylacetone and methylamine, if possessed
54-18 together with intent to manufacture methamphetamine; [and]
54-19 (8) Phencyclidine, including its salts; and
54-20 (9) Gamma hydroxybutyrate, including its salts.
54-21 SECTION 16. Subchapter D, Chapter 481, Health and Safety
54-22 Code, is amended by adding Section 481.1021 to read as follows:
54-23 Sec. 481.1021. PENALTY GROUP 1-A. Penalty Group 1-A
54-24 consists of lysergic acid diethylamide (LSD), including its salts,
54-25 isomers, and salts of isomers.
54-26 SECTION 17. Section 481.103, Health and Safety Code, is
54-27 amended to read as follows:
55-1 Sec. 481.103. PENALTY GROUP 2. (a) Penalty Group 2
55-2 consists of:
55-3 (1) any quantity of the following hallucinogenic
55-4 substances, their salts, isomers, and salts of isomers, unless
55-5 specifically excepted, if the existence of these salts, isomers,
55-6 and salts of isomers is possible within the specific chemical
55-7 designation:
55-8 alpha-ethyltryptamine;
55-9 4-bromo-2, 5-dimethoxyamphetamine (some trade or
55-10 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
55-11 4-bromo-2, 5-DMA);
55-12 4-bromo-2, 5-dimethoxyphenethylamine;
55-13 Bufotenine (some trade and other names:
55-14 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
55-15 3-(2-dimethylaminoethyl)-5- indolol; N, N-dimethylserotonin;
55-16 5-hydroxy-N, N-dimethyltryptamine; mappine);
55-17 Diethyltryptamine (some trade and other names:
55-18 N, N-Diethyltryptamine, DET);
55-19 2, 5-dimethoxyamphetamine (some trade or other
55-20 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
55-21 2, 5-dimethoxy-4-ethylamphetamine (some trade or
55-22 other names: DOET);
55-23 Dimethyltryptamine (some trade and other names:
55-24 DMT);
55-25 Dronabinol (synthetic) in sesame oil and
55-26 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
55-27 Administration approved drug product (some trade or other names
56-1 for Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
56-2 6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
56-3 (-)-delta-9-(trans)-tetrahydrocannabinol);
56-4 Ethylamine Analog of Phencyclidine (some trade or
56-5 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
56-6 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
56-7 PCE);
56-8 Ibogaine (some trade or other names: 7-Ethyl-6,
56-9 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
56-10 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
56-11 tabernanthe iboga.);
56-12 Mescaline;
56-13 5-methoxy-3, 4-methylenedioxy amphetamine;
56-14 4-methoxyamphetamine (some trade or other names:
56-15 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
56-16 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
56-17 PPMP);
56-18 4-methyl-2, 5-dimethoxyamphetamine (some trade
56-19 and other names: 4-methyl-2,
56-20 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
56-21 3,4-methylenedioxy methamphetamine (MDMA, MDM);
56-22 3,4-methylenedioxy amphetamine;
56-23 3,4-methylenedioxy N-ethylamphetamine (Also known
56-24 as N-ethyl MDA);
56-25 Nabilone (Another name for nabilone:
56-26 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
56-27 hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
57-1 N-ethyl-3-piperidyl benzilate;
57-2 N-hydroxy-3,4-methylenedioxyamphetamine (Also
57-3 known as N-hydroxy MDA);
57-4 4-methylaminorex;
57-5 N-methyl-3-piperidyl benzilate;
57-6 Parahexyl (some trade or other names:
57-7 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
57-8 9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
57-9 1-Phenylcyclohexylamine;
57-10 1-Piperidinocyclohexanecarbonitrile (PCC);
57-11 Psilocin;
57-12 Psilocybin;
57-13 Pyrrolidine Analog of Phencyclidine (some trade
57-14 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
57-15 Tetrahydrocannabinols, other than marihuana, and
57-16 synthetic equivalents of the substances contained in the plant, or
57-17 in the resinous extractives of Cannabis, or synthetic substances,
57-18 derivatives, and their isomers with similar chemical structure and
57-19 pharmacological activity such as:
57-20 delta-1 cis or trans tetrahydrocannabinol,
57-21 and their optical isomers;
57-22 delta-6 cis or trans tetrahydrocannabinol,
57-23 and their optical isomers;
57-24 delta-3, 4 cis or trans
57-25 tetrahydrocannabinol, and its optical isomers;
57-26 compounds of these structures, regardless
57-27 of numerical designation of atomic positions, since nomenclature of
58-1 these substances is not internationally standardized;
58-2 Thiophene Analog of Phencyclidine (some trade or
58-3 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
58-4 Analog of Phencyclidine; TPCP, TCP);
58-5 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
58-6 trade or other names: TCPy); and
58-7 3,4,5-trimethoxy amphetamine;
58-8 (2) Phenylacetone (some trade or other names:
58-9 Phenyl-2-propanone; P2P [P-2-P], Benzymethyl ketone, methyl benzyl
58-10 ketone); and
58-11 (3) unless specifically excepted or unless listed in
58-12 another Penalty Group, a material, compound, mixture, or
58-13 preparation that contains any quantity of the following substances
58-14 having a potential for abuse associated with a depressant or
58-15 stimulant effect on the central nervous system:
58-16 Aminorex (some trade or other names:
58-17 aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
58-18 4,5-dihydro-5-phenyl-2-oxazolamine);
58-19 Amphetamine, its salts, optical isomers, and
58-20 salts of optical isomers;
58-21 Cathinone (some trade or other names:
58-22 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
58-23 2-aminopropiophenone);
58-24 Etorphine Hydrochloride;
58-25 Fenethylline and its salts;
58-26 Mecloqualone and its salts;
58-27 Methaqualone and its salts;
59-1 Methcathinone (some trade or other names:
59-2 2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
59-3 2-(methylamino)-1-phenylpropan-1-one;
59-4 alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
59-5 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
59-6 1431);
59-7 N-Ethylamphetamine, its salts, optical isomers,
59-8 and salts of optical isomers; and
59-9 N,N-dimethylamphetamine (some trade or other
59-10 names: N,N,alpha-trimethylbenzeneethaneamine;
59-11 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
59-12 salts of optical isomers.
59-13 (b) For the purposes of Subsection (a)(1) only, the term
59-14 "isomer" includes an optical, position, or geometric isomer.
59-15 SECTION 18. Section 481.104, Health and Safety Code, is
59-16 amended to read as follows:
59-17 Sec. 481.104. PENALTY GROUP 3. (a) Penalty Group 3
59-18 consists of:
59-19 (1) a material, compound, mixture, or preparation that
59-20 contains any quantity of the following substances having a
59-21 potential for abuse associated with a stimulant effect on the
59-22 central nervous system:
59-23 Methylphenidate and its salts; and
59-24 Phenmetrazine and its salts;
59-25 (2) a material, compound, mixture, or preparation that
59-26 contains any quantity of the following substances having a
59-27 potential for abuse associated with a depressant effect on the
60-1 central nervous system:
60-2 a substance that contains any quantity of a
60-3 derivative of barbituric acid, or any salt of a derivative of
60-4 barbituric acid not otherwise covered by this subsection;
60-5 a compound, mixture, or preparation containing
60-6 amobarbital, secobarbital, pentobarbital, or any salt of any of
60-7 these, and one or more active medicinal ingredients that are not
60-8 listed in any penalty group;
60-9 a suppository dosage form containing amobarbital,
60-10 secobarbital, pentobarbital, or any salt of any of these drugs, and
60-11 approved by the United States Food and Drug Administration for
60-12 marketing only as a suppository;
60-13 Alprazolam;
60-14 Amobarbital;
60-15 Bromazepam;
60-16 Camazepam;
60-17 Chlordiazepoxide;
60-18 Chlorhexadol;
60-19 Clobazam;
60-20 Clonazepam;
60-21 Clorazepate;
60-22 Clotiazepam;
60-23 Cloxazolam;
60-24 Delorazepam;
60-25 Diazepam;
60-26 Estazolam;
60-27 Ethyl loflazepate;
61-1 Fludiazepam;
61-2 [Flunitrazepam;]
61-3 Flurazepam;
61-4 Glutethimide;
61-5 Halazepam;
61-6 Haloxzolam;
61-7 Ketazolam;
61-8 Loprazolam;
61-9 Lorazepam;
61-10 Lormetazepam;
61-11 Lysergic acid, including its salts, isomers, and
61-12 salts of isomers;
61-13 Lysergic acid amide, including its salts,
61-14 isomers, and salts of isomers;
61-15 Mebutamate;
61-16 Medazepam;
61-17 Methyprylon;
61-18 Midazolam;
61-19 Nimetazepam;
61-20 Nitrazepam;
61-21 Nordiazepam;
61-22 Oxazepam;
61-23 Oxazolam;
61-24 Pentazocine, its salts, derivatives, or compounds
61-25 or mixtures thereof;
61-26 Pentobarbital;
61-27 Pinazepam;
62-1 Prazepam;
62-2 Quazepam;
62-3 Secobarbital;
62-4 Sulfondiethylmethane;
62-5 Sulfonethylmethane;
62-6 Sulfonmethane;
62-7 Temazepam;
62-8 Tetrazepam;
62-9 Tiletamine and zolazepam in combination, and its
62-10 salts. (some trade or other names for a tiletamine-zolazepam
62-11 combination product: Telazol, for tiletamine:
62-12 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
62-13 4-(2-fluorophenyl)-6,
62-14 8-dihydro-1,3,8,-trimethylpyrazolo-(3,4-e)(1,4)-d
62-15 diazepin-7(1H)-one, flupyrazapon); [and]
62-16 Triazolam; and
62-17 Zolpidem;
62-18 (3) Nalorphine;
62-19 (4) a material, compound, mixture, or preparation
62-20 containing limited quantities of the following narcotic drugs, or
62-21 any of their salts:
62-22 not more than 1.8 grams of codeine, or any of its
62-23 salts, per 100 milliliters or not more than 90 milligrams per
62-24 dosage unit, with an equal or greater quantity of an isoquinoline
62-25 alkaloid of opium;
62-26 not more than 1.8 grams of codeine, or any of its
62-27 salts, per 100 milliliters or not more than 90 milligrams per
63-1 dosage unit, with one or more active, nonnarcotic ingredients in
63-2 recognized therapeutic amounts;
63-3 not more than 300 milligrams of dihydrocodeinone
63-4 (hydrocodone), or any of its salts, per 100 milliliters or not more
63-5 than 15 milligrams per dosage unit, with a fourfold or greater
63-6 quantity of an isoquinoline alkaloid of opium;
63-7 not more than 300 milligrams of dihydrocodeinone
63-8 (hydrocodone), or any of its salts, per 100 milliliters or not more
63-9 than 15 milligrams per dosage unit, with one or more active,
63-10 nonnarcotic ingredients in recognized therapeutic amounts;
63-11 not more than 1.8 grams of dihydrocodeine, or any
63-12 of its salts, per 100 milliliters or not more than 90 milligrams
63-13 per dosage unit, with one or more active, nonnarcotic ingredients
63-14 in recognized therapeutic amounts;
63-15 not more than 300 milligrams of ethylmorphine, or
63-16 any of its salts, per 100 milliliters or not more than 15
63-17 milligrams per dosage unit, with one or more active, nonnarcotic
63-18 ingredients in recognized therapeutic amounts;
63-19 not more than 500 milligrams of opium per 100
63-20 milliliters or per 100 grams, or not more than 25 milligrams per
63-21 dosage unit, with one or more active, nonnarcotic ingredients in
63-22 recognized therapeutic amounts;
63-23 not more than 50 milligrams of morphine, or any
63-24 of its salts, per 100 milliliters or per 100 grams with one or more
63-25 active, nonnarcotic ingredients in recognized therapeutic amounts;
63-26 and
63-27 not more than 1 milligram of difenoxin and not
64-1 less than 25 micrograms of atropine sulfate per dosage unit;
64-2 (5) a material, compound, mixture, or preparation that
64-3 contains any quantity of the following substances:
64-4 Barbital;
64-5 Chloral betaine;
64-6 Chloral hydrate;
64-7 Ethchlorvynol;
64-8 Ethinamate;
64-9 Meprobamate;
64-10 Methohexital;
64-11 Methylphenobarbital (Mephobarbital);
64-12 Paraldehyde;
64-13 Petrichloral; and
64-14 Phenobarbital;
64-15 (6) Peyote, unless unharvested and growing in its
64-16 natural state, meaning all parts of the plant classified
64-17 botanically as Lophophora, whether growing or not, the seeds of the
64-18 plant, an extract from a part of the plant, and every compound,
64-19 manufacture, salt, derivative, mixture, or preparation of the
64-20 plant, its seeds, or extracts;
64-21 (7) unless listed in another penalty group, a
64-22 material, compound, mixture, or preparation that contains any
64-23 quantity of the following substances having a stimulant effect on
64-24 the central nervous system, including the substance's salts,
64-25 optical, position, or geometric isomers, and salts of the
64-26 substance's isomers, if the existence of the salts, isomers, and
64-27 salts of isomers is possible within the specific chemical
65-1 designation:
65-2 Benzphetamine;
65-3 Cathine ((+)-norpseudoephedrine);
65-4 Chlorphentermine;
65-5 Clortermine;
65-6 Diethylpropion;
65-7 Fencamfamin;
65-8 Fenfluramine;
65-9 Fenproporex;
65-10 Mazindol;
65-11 Mefenorex;
65-12 Pemoline (including organometallic complexes and
65-13 their chelates);
65-14 Phendimetrazine;
65-15 Phentermine;
65-16 Pipradrol; and
65-17 SPA ((-)-1-dimethylamino-1,2-diphenylethane);
65-18 (8) unless specifically excepted or unless listed in
65-19 another penalty group, a material, compound, mixture, or
65-20 preparation that contains any quantity of the following substance,
65-21 including its salts:
65-22 Dextropropoxyphene
65-23 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
65-24 and
65-25 (9) an anabolic steroid or any substance that is
65-26 chemically or pharmacologically related to testosterone, other than
65-27 an estrogen, progestin, or corticosteroid, and promotes muscle
66-1 growth, including [any human growth hormone or any of the following
66-2 anabolic steroids, or any isomer, ester, salt, or derivative of the
66-3 following that acts in the same manner on the human body]:
66-4 Boldenone;
66-5 Chlorotestosterone (4-chlortestosterone);
66-6 Clostebol;
66-7 Dehydrochlormethyltestosterone;
66-8 Dihydrotestosterone (4-dihydrotestosterone);
66-9 Drostanolone;
66-10 Ethylestrenol;
66-11 Fluoxymesterone;
66-12 Formebulone;
66-13 Mesterolone;
66-14 Methandienone;
66-15 Methandranone;
66-16 Methandriol;
66-17 Methandrostenolone;
66-18 Methenolone;
66-19 Methyltestosterone;
66-20 Mibolerone;
66-21 Nandrolone;
66-22 Norethandrolone;
66-23 Oxandrolone;
66-24 Oxymesterone;
66-25 Oxymetholone;
66-26 Stanolone;
66-27 Stanozolol;
67-1 Testolactone;
67-2 Testosterone; and
67-3 Trenbolone.
67-4 (b) Penalty Group 3 does not include a compound, mixture, or
67-5 preparation containing a stimulant substance listed in Subsection
67-6 (a)(1) if the compound, mixture, or preparation contains one or
67-7 more active medicinal ingredients not having a stimulant effect on
67-8 the central nervous system and if the admixtures are included in
67-9 combinations, quantity, proportion, or concentration that vitiate
67-10 the potential for abuse of the substances that have a stimulant
67-11 effect on the central nervous system.
67-12 (c) Penalty Group 3 does not include a compound, mixture, or
67-13 preparation containing a depressant substance listed in Subsection
67-14 (a)(2) or (a)(5) if the compound, mixture, or preparation contains
67-15 one or more active medicinal ingredients not having a depressant
67-16 effect on the central nervous system and if the admixtures are
67-17 included in combinations, quantity, proportion, or concentration
67-18 that vitiate the potential for abuse of the substances that have a
67-19 depressant effect on the central nervous system.
67-20 SECTION 19. Section 481.105, Health and Safety Code, is
67-21 amended to read as follows:
67-22 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
67-23 (1) a compound, mixture, or preparation containing
67-24 limited quantities of any of the following narcotic drugs that
67-25 includes one or more nonnarcotic active medicinal ingredients in
67-26 sufficient proportion to confer on the compound, mixture, or
67-27 preparation valuable medicinal qualities other than those possessed
68-1 by the narcotic drug alone:
68-2 not more than 200 milligrams of codeine per 100
68-3 milliliters or per 100 grams;
68-4 not more than 100 milligrams of dihydrocodeine
68-5 per 100 milliliters or per 100 grams;
68-6 not more than 100 milligrams of ethylmorphine per
68-7 100 milliliters or per 100 grams;
68-8 not more than 2.5 milligrams of diphenoxylate and
68-9 not less than 25 micrograms of atropine sulfate per dosage unit;
68-10 not more than 15 milligrams of opium per 29.5729
68-11 milliliters or per 28.35 grams; and
68-12 not more than 0.5 milligram of difenoxin and not
68-13 less than 25 micrograms of atropine sulfate per dosage unit;
68-14 (2) unless specifically excepted or unless listed in
68-15 another penalty group, a material, compound, mixture, or
68-16 preparation containing the narcotic drug Buprenorphine or its
68-17 salts; and
68-18 (3) unless specifically exempted or excluded or unless
68-19 listed in another penalty group, any material, compound, mixture,
68-20 or preparation that contains any quantity of pyrovalerone, a
68-21 substance [the following substances] having a stimulant effect on
68-22 the central nervous system, including its salts, isomers, and salts
68-23 of isomers[:]
68-24 [Propylhexedrine; and]
68-25 [Pyrovalerone].
68-26 SECTION 20. Subchapter D, Chapter 481, Health and Safety
68-27 Code, is amended by adding Sections 481.1121 and 481.1151 to read
69-1 as follows:
69-2 Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF
69-3 SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this
69-4 chapter, a person commits an offense if the person knowingly
69-5 manufactures, delivers, or possesses with intent to manufacture or
69-6 deliver a controlled substance listed in Penalty Group 1-A.
69-7 (b) An offense under this section is:
69-8 (1) a felony of the third degree if the number of
69-9 abuse units of the controlled substance is fewer than 20;
69-10 (2) a felony of the second degree if the number of
69-11 abuse units of the controlled substance is 20 or more but fewer
69-12 than 80;
69-13 (3) a felony of the first degree if the number of
69-14 abuse units of the controlled substance is 80 or more but fewer
69-15 than 4,000; and
69-16 (4) punishable by imprisonment in the institutional
69-17 division of the Texas Department of Criminal Justice for life or
69-18 for a term of not more than 99 years or less than 15 years and a
69-19 fine not to exceed $250,000, if the number of abuse units of the
69-20 controlled substance is 4,000 or more.
69-21 Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
69-22 GROUP 1-A. (a) Except as provided by this chapter, a person
69-23 commits an offense if the person knowingly possesses a controlled
69-24 substance listed in Penalty Group 1-A.
69-25 (b) An offense under this section is:
69-26 (1) a state jail felony if the number of abuse units
69-27 of the controlled substance is fewer than 20;
70-1 (2) a felony of the third degree if the number of
70-2 abuse units of the controlled substance is 20 or more but fewer
70-3 than 80;
70-4 (3) a felony of the second degree if the number of
70-5 abuse units of the controlled substance is 80 or more but fewer
70-6 than 4,000;
70-7 (4) a felony of the first degree if the number of
70-8 abuse units of the controlled substance is 4,000 or more but fewer
70-9 than 8,000; and
70-10 (5) punishable by imprisonment in the institutional
70-11 division of the Texas Department of Criminal Justice for life or
70-12 for a term of not more than 99 years or less than 15 years and a
70-13 fine not to exceed $250,000, if the number of abuse units of the
70-14 controlled substance is 8,000 or more.
70-15 SECTION 21. Section 481.122(a), Health and Safety Code, is
70-16 amended to read as follows:
70-17 (a) Except as provided [authorized] by this chapter, a
70-18 person commits an offense if the person knowingly [or
70-19 intentionally] delivers a controlled substance listed in Penalty
70-20 Group 1, 1-A, 2, or 3 or knowingly [or intentionally] delivers
70-21 marihuana and the person delivers the controlled substance or
70-22 marihuana to a person:
70-23 (1) who is 17 years of age or younger;
70-24 (2) who the actor knows or believes intends to deliver
70-25 the controlled substance or marihuana to a person 17 years of age
70-26 or younger;
70-27 (3) who is enrolled in an elementary or secondary
71-1 school; or
71-2 (4) who the actor knows or believes intends to deliver
71-3 the controlled substance or marihuana to a person who is enrolled
71-4 in an elementary or secondary school.
71-5 SECTION 22. Section 481.123(a), Health and Safety Code, is
71-6 amended to read as follows:
71-7 (a) For the purposes of this chapter, a controlled substance
71-8 analogue is considered to be a controlled substance listed in
71-9 Penalty Group 1 or 1-A if the analogue in whole or in part is
71-10 intended for human consumption and:
71-11 (1) the chemical structure of the analogue is
71-12 substantially similar to the chemical structure of a controlled
71-13 substance listed in Schedule I or Penalty Group 1 or 1-A; or
71-14 (2) the analogue is specifically designed to produce
71-15 an effect substantially similar to or greater than the effect of a
71-16 controlled substance listed in Schedule I or Penalty Group 1 or
71-17 1-A.
71-18 SECTION 23. Section 481.128, Health and Safety Code, is
71-19 amended to read as follows:
71-20 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
71-21 MATTERS. (a) A registrant or dispenser commits an offense if the
71-22 registrant or dispenser knowingly [or intentionally]:
71-23 (1) distributes, delivers, administers, or dispenses a
71-24 controlled substance in violation of Sections 481.070-481.075
71-25 [481.070-481.074];
71-26 (2) manufactures a controlled substance not authorized
71-27 by the person's registration or distributes or dispenses a
72-1 controlled substance not authorized by the person's registration to
72-2 another registrant or other person;
72-3 (3) refuses or fails to make, keep, or furnish a
72-4 record, report, notification, order form, statement, invoice, or
72-5 information required by this chapter;
72-6 (4) prints, manufactures, possesses, or produces a
72-7 triplicate prescription form without the approval of the director
72-8 [Department of Public Safety];
72-9 (5) delivers or possesses a counterfeit triplicate
72-10 prescription;
72-11 (6) refuses an entry into a premise for an inspection
72-12 authorized by this chapter;
72-13 (7) refuses or fails to return a triplicate
72-14 prescription form as required by Section 481.075(h); [or]
72-15 (8) refuses or fails to make, keep, or furnish a
72-16 record, report, notification, order form, statement, invoice, or
72-17 information required by a rule adopted [before June 1, 1991,] by
72-18 the director; or
72-19 (9) refuses or fails to maintain security required by
72-20 this chapter or a rule adopted under this chapter.
72-21 (b) If the registrant or dispenser knowingly [or
72-22 intentionally] refuses or fails to make, keep, or furnish a record,
72-23 report, notification, order form, statement, invoice, or
72-24 information or maintain security required by a rule [or a rule
72-25 amendment] adopted [on or after June 1, 1991,] by the director, the
72-26 registrant or dispenser is liable to the state for a civil penalty
72-27 of not more than $5,000 for each act.
73-1 (c) [If the registrant or dispenser negligently fails to
73-2 make, keep, or furnish a record, report, notification, order form,
73-3 statement, invoice, or information required by a rule or a rule
73-4 amendment adopted on or after June 1, 1991, by the director, the
73-5 registrant or dispenser is liable to the state for a civil penalty
73-6 of not more than $1,000 for each act.]
73-7 [(d)] An offense under Subsection (a) is a state jail
73-8 felony.
73-9 (d) [(e)] If a person [negligently] commits an act that
73-10 would otherwise be an offense under Subsection (a) except that it
73-11 was committed without the requisite culpable mental state, the
73-12 person is liable to the state for a civil penalty of not more
73-13 [less] than $1,000 [$5,000 or more than $10,000] for each act.
73-14 (e) [(f)] A district attorney of the county where the act
73-15 occurred may file suit in district court in that county to collect
73-16 a civil penalty under this section, or the district attorney of
73-17 Travis County or the attorney general may file suit in district
73-18 court in Travis County to collect the penalty.
73-19 SECTION 24. Subchapter D, Chapter 481, Health and Safety
73-20 Code, is amended by adding Sections 481.136-481.139 to read as
73-21 follows:
73-22 Sec. 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
73-23 CHEMICAL PRECURSOR. (a) A person commits an offense if the person
73-24 sells, transfers, furnishes, or receives a precursor substance
73-25 listed in Section 481.077(a) and the person:
73-26 (1) does not hold a precursor transfer permit as
73-27 required by Section 481.078 at the time of the transaction;
74-1 (2) does not comply with Section 481.077;
74-2 (3) knowingly makes a false statement in a report or
74-3 record required by Section 481.077 or 481.078; or
74-4 (4) knowingly violates a rule adopted under Section
74-5 481.077 or 481.078.
74-6 (b) An offense under this section is a state jail felony,
74-7 unless it is shown on the trial of the offense that the defendant
74-8 has been previously convicted of an offense under this section or
74-9 Section 481.137, in which event the offense is a felony of the
74-10 third degree.
74-11 Sec. 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR
74-12 UNLAWFUL MANUFACTURE. (a) A person commits an offense if the
74-13 person sells, transfers, or otherwise furnishes a precursor
74-14 substance listed in Section 481.077(a) with the knowledge or intent
74-15 that the recipient will use the substance to unlawfully manufacture
74-16 a controlled substance or controlled substance analogue.
74-17 (b) An offense under this section is a felony of the third
74-18 degree.
74-19 Sec. 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
74-20 CHEMICAL LABORATORY APPARATUS. (a) A person commits an offense if
74-21 the person sells, transfers, furnishes, or receives an apparatus
74-22 described by Section 481.080(a) and the person:
74-23 (1) does not have an apparatus transfer permit as
74-24 required by Section 481.081 at the time of the transaction;
74-25 (2) does not comply with Section 481.080;
74-26 (3) knowingly makes a false statement in a report or
74-27 record required by Section 481.080 or 481.081; or
75-1 (4) knowingly violates a rule adopted under Section
75-2 481.080 or 481.081.
75-3 (b) An offense under this section is a state jail felony,
75-4 unless it is shown on the trial of the offense that the defendant
75-5 has been previously convicted of an offense under this section, in
75-6 which event the offense is a felony of the third degree.
75-7 Sec. 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY
75-8 APPARATUS FOR UNLAWFUL MANUFACTURE. (a) A person commits an
75-9 offense if the person sells, transfers, or otherwise furnishes an
75-10 apparatus described by Section 481.080(a) with the knowledge or
75-11 intent that the recipient will use the apparatus to unlawfully
75-12 manufacture a controlled substance or controlled substance
75-13 analogue.
75-14 (b) An offense under Subsection (a) is a felony of the third
75-15 degree.
75-16 SECTION 25. Section 481.160(e), Health and Safety Code, as
75-17 added by Chapter 285, Acts of the 72nd Legislature, Regular
75-18 Session, 1991, is relettered as Subsection (f) and amended to read
75-19 as follows:
75-20 (f) [(e)] A law enforcement agency may petition a court to
75-21 require, as a condition of community supervision [probation] under
75-22 Article 42.12, Code of Criminal Procedure, a person to reimburse
75-23 the agency for the cost of the confiscation, analysis, storage, or
75-24 disposal of raw materials, controlled substances, chemical
75-25 precursors, drug paraphernalia, or other materials seized in
75-26 connection with an offense committed by the person under this
75-27 chapter.
76-1 SECTION 26. Sections 481.079 and 481.082, Health and Safety
76-2 Code, are repealed.
76-3 SECTION 27. Not later than December 1, 1997, the
76-4 commissioner of public health shall file with the secretary of
76-5 state for publication in the Texas Register a list of substances
76-6 designated in Schedules I through V under Subchapter B, Chapter
76-7 481, Health and Safety Code, as amended by this Act. The list
76-8 shall take effect January 1, 1998. A schedule in effect
76-9 immediately before the effective date of this Act continues in
76-10 effect until January 1, 1998.
76-11 SECTION 28. (a) A change in law made by this Act applies
76-12 only to an offense committed on or after the effective date of this
76-13 Act. For purposes of this section, an offense was committed before
76-14 the effective date of this Act if any element of the offense
76-15 occurred before the effective date.
76-16 (b) An offense committed before the effective date of this
76-17 Act is covered by the law in effect when the offense was committed,
76-18 and the former law is continued in effect for this purpose.
76-19 SECTION 29. (a) Except as provided by Subsection (b) of
76-20 this section, this Act takes effect January 1, 1998.
76-21 (b) Section 27 of this Act takes effect September 1, 1997.
76-22 SECTION 30. The importance of this legislation and the
76-23 crowded condition of the calendars in both houses create an
76-24 emergency and an imperative public necessity that the
76-25 constitutional rule requiring bills to be read on three several
76-26 days in each house be suspended, and this rule is hereby suspended.