HBA-PDH S.B. 656 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 656
By: Wentworth
Public Health
4/16/1999
Engrossed



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.  S.B. 656 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 B, Chapter 431, Health and Safety Code, by
adding Section 431.022, as follows: 

Sec. 431.022.  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
and has obtained consent to the treatment of the person whom the product is
furnished 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 a drug.

(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. 

(c)  Provides that a product containing ephedrine that is not described in
Subsection (a)  must be labeled in accordance with rules adopted by the
Texas Department of Health to  indicate that sale to persons 17 years of
age or younger is prohibited. 

SECTION 2.  Effective date:  September 1, 1999.