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


Senate Research Center   S.B. 656
By: Wentworth
Health Services
3/12/1999
As Filed


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 would create an offense for
the transfer of certain products containing ephedrine to a person 17 years
of age or younger. 

PURPOSE

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

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 481D, 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. 

SECTION 2.  Effective date: September 1, 1999.