SRC-SLL, DBM, ARR S.B. 656 76(R)BILL ANALYSIS


Senate Research CenterS.B. 656
By: Wentworth
Health Services
8/17/1999
Enrolled


DIGEST 

Currently, ephedrine is approved by the U.S. Food and Drug Administration
for nonprescription and over-the-counter drug sales as a bronchodilator for
asthma sufferers.  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
transfer of certain products containing ephedrine to a person 17 years of
age or younger. 

PURPOSE

As enrolled, S.B. 656 creates an offense for the transfer of certain
products containing ephedrine to a person 17 years of age of younger. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Health in
SECTION 1 (Section 481.022(c), Chapter 481D, Health and Safety Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 431D, Health and Safety Code, by adding Section
481.1365, as follows: 

Sec. 481.1365.  OFFENSE:  TRANSFER OF PRODUCT CONTAINING EPHEDRINE.
Provides that a person commits an offense if the person knowingly sells,
transfers, or otherwise furnishes a product containing ephedrine to a
person 17 years of age or younger. Sets forth the exceptions to the offense
of selling, transferring, or otherwise furnishing a product containing
ephedrine to a person 17 years of age or younger.  Provides that an offense
under this section is a Class C misdemeanor, unless it is shown at the
trial that the defendant has been previously convicted of an offense under
this section, in which case the offense is a Class B misdemeanor.  Requires
a product containing ephedrine that is not described in Subsection(a)(3) of
this section to be labeled in accordance with rules adopted by the Texas
Department of Health to indicate that sales to minors are prohibited. 

SECTION 2.  Effective date: September 1, 1999.