HBA-MPM H.B. 2967 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2967 By: Hilbert Public Health 4/6/1999 Introduced BACKGROUND AND PURPOSE Currently, ephedrine is approved by the United States Food and Drug Administration for nonprescription and over-the-counter sales. Many states have become concerned about the misuse of certain products containing ephedrine and marketed as stimulants, appetite suppressants, and muscle enhancers. H.B. 2967 creates an offense for the sale or transfer of products containing ephedrine to a person 17 years of age or younger and provides exceptions to this offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 481, Health and Safety Code, by adding Section 481.1365, as follows: Sec. 481.1365. OFFENSE; TRANSFER OF PRODUCT CONTAINING EPHEDRINE. (a) Provides that a person commits an offense if the person knowingly sells, transfers, or otherwise furnishes a product containing ephedrine to a person aged 17 or younger, unless: _the actor is a practitioner or health care provider licensed by this state or the person's parent, guardian, or managing conservator; _the person to whom the product is furnished has had the disabilities of minority removed for general purposes under Chapter 31 (Removal of Disabilities of Minority), Family Code; or _the product is formulated in a certain manner so that it does not exceed a certain percentage of ephedrine. (b) Provides that an offense under this section is a Class C misdemeanor, unless it is shown on the trial of the offense that the defendant has been previously convicted of the same offense, in which case it is a Class B misdemeanor. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.