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.