76R13677 E
By Keel, Van de Putte H.B. No. 6
Substitute the following for H.B. No. 6:
By Keel C.S.H.B. No. 6
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of controlled substances under the Texas
1-3 Controlled Substances Act, to the accessibility of certain
1-4 information collected under that Act, and to the punishment for
1-5 certain offenses under that Act.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 481.002(26), Health and Safety Code, is
1-8 amended to read as follows:
1-9 (26) "Marihuana" means the plant Cannabis sativa L.,
1-10 whether growing or not, the seeds of that plant, and every
1-11 compound, manufacture, salt, derivative, mixture, or preparation of
1-12 that plant or its seeds. The term does not include:
1-13 (A) the resin extracted from a part of the plant
1-14 or a compound, manufacture, salt, derivative, mixture, or
1-15 preparation of the resin;
1-16 (B) the mature stalks of the plant or fiber
1-17 produced from the stalks;
1-18 (C) oil or cake made from the seeds of the
1-19 plant;
1-20 (D) a compound, manufacture, salt, derivative,
1-21 mixture, or preparation of the mature stalks, fiber, oil, or cake;
1-22 or
1-23 (E) the sterilized seeds of the plant that are
1-24 incapable of beginning germination.
2-1 SECTION 2. Section 481.032(a), Health and Safety Code, is
2-2 amended to read as follows:
2-3 (a) The commissioner shall establish and modify the
2-4 following schedules of controlled substances under this subchapter:
2-5 Schedule I, [Schedule I-A,] Schedule II, Schedule III, Schedule IV,
2-6 and Schedule V.
2-7 SECTION 3. Section 481.062(a), Health and Safety Code, is
2-8 amended to read as follows:
2-9 (a) The following persons are not required to register and
2-10 may possess a controlled substance under this chapter:
2-11 (1) an agent or employee of a registered manufacturer,
2-12 distributor, analyzer, or dispenser of the controlled substance
2-13 acting in the usual course of business or employment;
2-14 (2) a common or contract carrier, a warehouseman, or
2-15 an employee of a carrier or warehouseman whose possession of the
2-16 controlled substance is in the usual course of business or
2-17 employment;
2-18 (3) an ultimate user or a person in possession of the
2-19 controlled substance under a lawful order of a practitioner or in
2-20 lawful possession of the controlled substance if it is listed in
2-21 Schedule V;
2-22 (4) an officer or employee of this state, another
2-23 state, a political subdivision of this state or another state, or
2-24 the United States who is lawfully engaged in the enforcement of a
2-25 law relating to a controlled substance or drug or to a customs law
2-26 and authorized to possess the controlled substance in the discharge
2-27 of the person's official duties; or
3-1 (5) if the substance is tetrahydrocannabinol or one of
3-2 its derivatives:
3-3 (A) a Texas Department of Health official, a
3-4 medical school researcher, or a research program participant
3-5 possessing the substance as authorized under Subchapter G; or
3-6 (B) a practitioner or an ultimate user
3-7 possessing the substance as a participant in a federally approved
3-8 therapeutic research program that the commissioner has reviewed and
3-9 found, in writing, to contain a medically responsible research
3-10 protocol.
3-11 SECTION 4. Section 481.067, Health and Safety Code, is
3-12 amended to read as follows:
3-13 Sec. 481.067. RECORDS. (a) A person who is registered to
3-14 manufacture, distribute, analyze, or dispense a controlled
3-15 substance shall keep records and maintain inventories in compliance
3-16 with recordkeeping and inventory requirements of federal law and
3-17 with additional rules the director adopts. [Records and
3-18 inventories must be retained for at least two years after the date
3-19 they are made.]
3-20 (b) The following persons shall maintain a record of each
3-21 acquisition and each disposal of a controlled substance by the
3-22 person:
3-23 (1) a practitioner;
3-24 (2) a person who obtains a controlled substance for
3-25 lawful research, teaching, or testing purposes, but not for resale;
3-26 and
3-27 (3) any other person who is registered to manufacture,
4-1 distribute, analyze, or dispense a controlled substance.
4-2 (c) The pharmacist-in-charge of a pharmacy shall maintain
4-3 the records and inventories required by this section.
4-4 (d) A record required by this section must be made at the
4-5 time of the transaction that constitutes the basis for the record.
4-6 A record or inventory required by this section must be maintained
4-7 for at least two years after the date the record or inventory is
4-8 made.
4-9 SECTION 5. Section 481.068(b), Health and Safety Code, is
4-10 amended to read as follows:
4-11 (b) Except as provided by Sections 481.074(b) and 481.075(g)
4-12 [481.075(d)], a practitioner engaged in authorized medical practice
4-13 or research may not be required to furnish the name or identity of
4-14 a patient or research subject to the department [Department of
4-15 Public Safety], the director of the Texas Commission on Alcohol and
4-16 Drug Abuse, or any other agency, public official, or law
4-17 enforcement officer. A practitioner may not be compelled in a
4-18 state or local civil, criminal, administrative, legislative, or
4-19 other proceeding to furnish the name or identity of an individual
4-20 that the practitioner is obligated to keep confidential.
4-21 SECTION 6. Sections 481.074(c) and (f), Health and Safety
4-22 Code, are amended to read as follows:
4-23 (c) Not later than the seventh day [72 hours] after the date
4-24 a prescribing practitioner authorizes [authorizing] an emergency
4-25 oral or telephonically communicated prescription, the prescribing
4-26 practitioner shall cause a written prescription, completed in the
4-27 manner required by Section 481.075, to be delivered in person or
5-1 mailed to the dispensing pharmacist at the pharmacy where the
5-2 prescription was dispensed. The envelope of a prescription
5-3 delivered by mail must be postmarked not later than the seventh day
5-4 [72 hours] after the date the prescription was authorized. On
5-5 receipt of the prescription, the dispensing pharmacy shall file the
5-6 transcription of the telephonically communicated prescription and
5-7 the pharmacy copy. The pharmacist or the pharmacy that employs the
5-8 pharmacist shall send all information required by the director,
5-9 including any information required to complete an official
5-10 prescription form, to the director by electronic transfer, a
5-11 universal claim form customarily used by pharmaceutical service
5-12 providers, or other form approved by the director not later than
5-13 the 30th day after the date the prescription was dispensed.
5-14 (f) A prescription for a Schedule II controlled substance
5-15 written for a patient in a long-term care facility (LTCF) or for a
5-16 patient with a medical diagnosis documenting a terminal illness may
5-17 be filled in partial quantities to include individual dosage units.
5-18 If there is any question about whether a patient may be classified
5-19 as having a terminal illness, the pharmacist must contact the
5-20 practitioner before [prior to] partially filling the prescription.
5-21 Both the pharmacist and the practitioner have a corresponding
5-22 responsibility to assure that the controlled substance is for a
5-23 terminally ill patient. The pharmacist must record the
5-24 prescription on an official prescription form and must indicate on
5-25 the form whether the patient is "terminally ill" or an "LTCF
5-26 patient." A prescription that is partially filled and does not
5-27 contain the notation "terminally ill" or "LTCF patient" shall be
6-1 deemed to have been filled in violation of this chapter [Act]. For
6-2 each partial filling, the dispensing pharmacist shall record on the
6-3 back of the official prescription form the date of the partial
6-4 filling, the quantity dispensed, the remaining quantity authorized
6-5 to be dispensed, and the identification of the dispensing
6-6 pharmacist. Before [Prior to] any subsequent partial filling, the
6-7 pharmacist must [is to] determine that the additional partial
6-8 filling is necessary. The total quantity of Schedule II controlled
6-9 substances dispensed in all partial fillings may [must] not exceed
6-10 the total quantity prescribed. Schedule II prescriptions for
6-11 patients in a long-term care facility or patients with a medical
6-12 diagnosis documenting a terminal illness are [shall be] valid for a
6-13 period not to exceed 60 [30] days after [from] the issue date
6-14 unless sooner terminated by discontinuance of the medication.
6-15 SECTION 7. Section 481.075(g), Health and Safety Code, is
6-16 amended to read as follows:
6-17 (g) Except for oral prescriptions prescribed under Section
6-18 481.074(b), the prescribing practitioner shall:
6-19 (1) legibly fill in, or direct a designated agent to
6-20 legibly fill in, on the official prescription form, each item of
6-21 information required to be provided by the prescribing practitioner
6-22 under Subsection (e)(1), unless the practitioner [practioner]
6-23 determines that:
6-24 (A) under rule adopted by the director for this
6-25 purpose, it is unnecessary for the practitioner or the
6-26 practitioner's agent to provide the patient identification number;
6-27 or
7-1 (B) it is not in the best interest of the
7-2 patient for the practitioner or practitioner's agent to provide
7-3 information regarding the intended use of the controlled substance
7-4 or the diagnosis for which it is prescribed; and
7-5 (2) sign the official prescription form and give the
7-6 form to the person authorized to receive the prescription.
7-7 SECTION 8. Section 481.0761(c), Health and Safety Code, is
7-8 amended to read as follows:
7-9 (c) The director by rule may:
7-10 (1) permit more than one prescription to be
7-11 administered or dispensed and recorded on one official prescription
7-12 form;
7-13 (2) remove from or return to the official prescription
7-14 program any aspect of a practitioner's or pharmacist's hospital
7-15 practice, including administering or dispensing;
7-16 (3) waive or delay any requirement relating to the
7-17 time or manner of reporting, including any requirement that
7-18 specifies a manner of reporting as a substitute for reporting by
7-19 use of a triplicate prescription during a period of transition from
7-20 the use of a triplicate prescription as determined by the director;
7-21 (4) establish compatibility protocols for electronic
7-22 data transfer hardware, software, or format;
7-23 (5) establish a procedure to control the release of
7-24 information under Sections 481.075 and 481.076; and
7-25 (6) establish a minimum level of prescription activity
7-26 below which a reporting activity may be modified or deleted.
7-27 SECTION 9. Section 481.102, Health and Safety Code, is
8-1 amended to read as follows:
8-2 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
8-3 (1) the following opiates, including their isomers,
8-4 esters, ethers, salts, and salts of isomers, esters, and ethers,
8-5 unless specifically excepted, if the existence of these isomers,
8-6 esters, ethers, and salts is possible within the specific chemical
8-7 designation:
8-8 Alfentanil;
8-9 Allylprodine;
8-10 Alphacetylmethadol;
8-11 Benzethidine;
8-12 Betaprodine;
8-13 Clonitazene;
8-14 Diampromide;
8-15 Diethylthiambutene;
8-16 Difenoxin not listed in Penalty Group 3 or 4;
8-17 Dimenoxadol;
8-18 Dimethylthiambutene;
8-19 Dioxaphetyl butyrate;
8-20 Dipipanone;
8-21 Ethylmethylthiambutene;
8-22 Etonitazene;
8-23 Etoxeridine;
8-24 Furethidine;
8-25 Hydroxypethidine;
8-26 Ketobemidone;
8-27 Levophenacylmorphan;
9-1 Meprodine;
9-2 Methadol;
9-3 Moramide;
9-4 Morpheridine;
9-5 Noracymethadol;
9-6 Norlevorphanol;
9-7 Normethadone;
9-8 Norpipanone;
9-9 Phenadoxone;
9-10 Phenampromide;
9-11 Phenomorphan;
9-12 Phenoperidine;
9-13 Piritramide;
9-14 Proheptazine;
9-15 Properidine;
9-16 Propiram;
9-17 Sufentanil;
9-18 Tilidine; and
9-19 Trimeperidine;
9-20 (2) the following opium derivatives, their salts,
9-21 isomers, and salts of isomers, unless specifically excepted, if the
9-22 existence of these salts, isomers, and salts of isomers is possible
9-23 within the specific chemical designation:
9-24 Acetorphine;
9-25 Acetyldihydrocodeine;
9-26 Benzylmorphine;
9-27 Codeine methylbromide;
10-1 Codeine-N-Oxide;
10-2 Cyprenorphine;
10-3 Desomorphine;
10-4 Dihydromorphine;
10-5 Drotebanol;
10-6 Etorphine, except hydrochloride salt;
10-7 Heroin;
10-8 Hydromorphinol;
10-9 Methyldesorphine;
10-10 Methyldihydromorphine;
10-11 Monoacetylmorphine;
10-12 Morphine methylbromide;
10-13 Morphine methylsulfonate;
10-14 Morphine-N-Oxide;
10-15 Myrophine;
10-16 Nicocodeine;
10-17 Nicomorphine;
10-18 Normorphine;
10-19 Pholcodine; and
10-20 Thebacon;
10-21 (3) the following substances, however produced, except
10-22 those narcotic drugs listed in another group:
10-23 (A) Opium and opiate not listed in Penalty Group
10-24 3 or 4, and a salt, compound, derivative, or preparation of opium
10-25 or opiate, other than thebaine derived butorphanol, nalmefene and
10-26 its salts, naloxone and its salts, and naltrexone and its salts,
10-27 but including:
11-1 Codeine not listed in Penalty Group 3 or 4;
11-2 Ethylmorphine not listed in Penalty Group 3
11-3 or 4;
11-4 Granulated opium;
11-5 Hydrocodone not listed in Penalty Group 3;
11-6 Hydromorphone;
11-7 Metopon;
11-8 Morphine not listed in Penalty Group 3;
11-9 Opium extracts;
11-10 Opium fluid extracts;
11-11 Oxycodone;
11-12 Oxymorphone;
11-13 Powdered opium;
11-14 Raw opium;
11-15 Thebaine; and
11-16 Tincture of opium;
11-17 (B) a salt, compound, isomer, derivative, or
11-18 preparation of a substance that is chemically equivalent or
11-19 identical to a substance described by Paragraph (A), other than the
11-20 isoquinoline alkaloids of opium;
11-21 (C) Opium poppy and poppy straw;
11-22 (D) Cocaine, including:
11-23 (i) its salts, its optical, position, and
11-24 geometric isomers, and the salts of those isomers;
11-25 (ii) coca leaves and a salt, compound,
11-26 derivative, or preparation of coca leaves;
11-27 (iii) a salt, compound, derivative, or
12-1 preparation of a salt, compound, or derivative that is chemically
12-2 equivalent or identical to a substance described by Subparagraph
12-3 (i) or (ii), other than decocainized coca leaves or extractions of
12-4 coca leaves that do not contain cocaine or ecgonine; and
12-5 (E) concentrate of poppy straw, meaning the
12-6 crude extract of poppy straw in liquid, solid, or powder form that
12-7 contains the phenanthrine alkaloids of the opium poppy;
12-8 (4) the following opiates, including their isomers,
12-9 esters, ethers, salts, and salts of isomers, if the existence of
12-10 these isomers, esters, ethers, and salts is possible within the
12-11 specific chemical designation:
12-12 Acetyl-alpha-methylfentanyl
12-13 (N-1-(1-methyl-2-phenethyl)-4-piperidinyl-N-phenylacetamide);
12-14 Alpha-methylthiofentanyl
12-15 (N-1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-phenylpropanamide);
12-16 Alphaprodine;
12-17 Anileridine;
12-18 Beta-hydroxyfentanyl
12-19 (N-1-(2-hydroxy-2-phenethyl)-4-piperidinyl-N-phenylpropanamide);
12-20 Beta-hydroxy-3-methylfentanyl;
12-21 Bezitramide;
12-22 Carfentanil;
12-23 Dihydrocodeine not listed in Penalty Group 3 or
12-24 4;
12-25 Diphenoxylate not listed in Penalty Group 3 or 4;
12-26 Fentanyl or alpha-methylfentanyl, or any other
12-27 derivative of Fentanyl;
13-1 Isomethadone;
13-2 Levomethorphan;
13-3 Levorphanol;
13-4 Metazocine;
13-5 Methadone;
13-6 Methadone-Intermediate,
13-7 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
13-8 3-methylfentanyl(N-3-methyl-1-(2-phenylethyl)-
13-9 4-piperidyl-N-phenylpropanamide);
13-10 3-methylthiofentanyl(N-3-methyl-1-(2-thienyl)
13-11 ethyl-4-piperidinyl-N-phenylpropanamide);
13-12 Moramide-Intermediate, 2-methyl-3-morpholino-1,
13-13 1-diphenyl-propane-carboxylic acid;
13-14 Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
13-15 (2-phenylethyl)-4-piperidinylpropanamide);
13-16 PEPAP
13-17 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
13-18 Pethidine (Meperidine);
13-19 Pethidine-Intermediate-A,
13-20 4-cyano-1-methyl-4-phenylpiperidine;
13-21 Pethidine-Intermediate-B,
13-22 ethyl-4-phenylpiperidine-4 carboxylate;
13-23 Pethidine-Intermediate-C,
13-24 1-methyl-4-phenylpiperidine-4-carboxylic acid;
13-25 Phenazocine;
13-26 Piminodine;
13-27 Racemethorphan;
14-1 Racemorphan;
14-2 Remifentanil; and
14-3 Thiofentanyl(N-phenyl-N-1-(2-thienyl)ethyl-4-
14-4 piperidinyl-propanamide);
14-5 (5) Flunitrazepam (some trade or other names:
14-6 Rohypnol);
14-7 (6) Methamphetamine, including its salts, optical
14-8 isomers, and salts of optical isomers;
14-9 (7) Phenylacetone and methylamine, if possessed
14-10 together with intent to manufacture methamphetamine;
14-11 (8) Phencyclidine, including its salts; and
14-12 (9) Gamma hydroxybutyric acid (some trade or other
14-13 names: gamma hydroxybutyrate; GHB), including its salts.
14-14 SECTION 10. Section 481.104(a), Health and Safety Code, is
14-15 amended to read as follows:
14-16 (a) Penalty Group 3 consists of:
14-17 (1) a material, compound, mixture, or preparation that
14-18 contains any quantity of the following substances having a
14-19 potential for abuse associated with a stimulant effect on the
14-20 central nervous system:
14-21 Methylphenidate and its salts; and
14-22 Phenmetrazine and its salts;
14-23 (2) a material, compound, mixture, or preparation that
14-24 contains any quantity of the following substances having a
14-25 potential for abuse associated with a depressant effect on the
14-26 central nervous system:
14-27 a substance that contains any quantity of a
15-1 derivative of barbituric acid, or any salt of a derivative of
15-2 barbituric acid not otherwise described [covered] by this
15-3 subsection;
15-4 a compound, mixture, or preparation containing
15-5 amobarbital, secobarbital, pentobarbital, or any salt of any of
15-6 these, and one or more active medicinal ingredients that are not
15-7 listed in any penalty group;
15-8 a suppository dosage form containing amobarbital,
15-9 secobarbital, pentobarbital, or any salt of any of these drugs, and
15-10 approved by the United States Food and Drug Administration for
15-11 marketing only as a suppository;
15-12 Alprazolam;
15-13 Amobarbital;
15-14 Bromazepam;
15-15 Camazepam;
15-16 Chlordiazepoxide;
15-17 Chlorhexadol;
15-18 Clobazam;
15-19 Clonazepam;
15-20 Clorazepate;
15-21 Clotiazepam;
15-22 Cloxazolam;
15-23 Delorazepam;
15-24 Diazepam;
15-25 Estazolam;
15-26 Ethyl loflazepate;
15-27 Fludiazepam;
16-1 Flurazepam;
16-2 Glutethimide;
16-3 Halazepam;
16-4 Haloxzolam;
16-5 Ketazolam;
16-6 Loprazolam;
16-7 Lorazepam;
16-8 Lormetazepam;
16-9 Lysergic acid, including its salts, isomers, and
16-10 salts of isomers;
16-11 Lysergic acid amide, including its salts,
16-12 isomers, and salts of isomers;
16-13 Mebutamate;
16-14 Medazepam;
16-15 Methyprylon;
16-16 Midazolam;
16-17 Nimetazepam;
16-18 Nitrazepam;
16-19 Nordiazepam;
16-20 Oxazepam;
16-21 Oxazolam;
16-22 Pentazocine, its salts, derivatives, or compounds
16-23 or mixtures thereof;
16-24 Pentobarbital;
16-25 Pinazepam;
16-26 Prazepam;
16-27 Quazepam;
17-1 Secobarbital;
17-2 Sulfondiethylmethane;
17-3 Sulfonethylmethane;
17-4 Sulfonmethane;
17-5 Temazepam;
17-6 Tetrazepam;
17-7 Tiletamine and zolazepam in combination, and its
17-8 salts. (some trade or other names for a tiletamine-zolazepam
17-9 combination product: Telazol, for tiletamine:
17-10 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
17-11 4-(2-fluorophenyl)-6,
17-12 8-dihydro-1,3,8,-trimethylpyrazolo-3,4-e(1,4)-d diazepin-7(1H)-one,
17-13 flupyrazapon);
17-14 Triazolam; and
17-15 Zolpidem;
17-16 (3) Nalorphine;
17-17 (4) a material, compound, mixture, or preparation
17-18 containing limited quantities of the following narcotic drugs, or
17-19 any of their salts:
17-20 not more than 1.8 grams of codeine, or any of its
17-21 salts, per 100 milliliters or not more than 90 milligrams per
17-22 dosage unit, with an equal or greater quantity of an isoquinoline
17-23 alkaloid of opium;
17-24 not more than 1.8 grams of codeine, or any of its
17-25 salts, per 100 milliliters or not more than 90 milligrams per
17-26 dosage unit, with one or more active, nonnarcotic ingredients in
17-27 recognized therapeutic amounts;
18-1 not more than 300 milligrams of dihydrocodeinone
18-2 (hydrocodone), or any of its salts, per 100 milliliters or not more
18-3 than 15 milligrams per dosage unit, with a fourfold or greater
18-4 quantity of an isoquinoline alkaloid of opium;
18-5 not more than 300 milligrams of dihydrocodeinone
18-6 (hydrocodone), or any of its salts, per 100 milliliters or not more
18-7 than 15 milligrams per dosage unit, with one or more active,
18-8 nonnarcotic ingredients in recognized therapeutic amounts;
18-9 not more than 1.8 grams of dihydrocodeine, or any
18-10 of its salts, per 100 milliliters or not more than 90 milligrams
18-11 per dosage unit, with one or more active, nonnarcotic ingredients
18-12 in recognized therapeutic amounts;
18-13 not more than 300 milligrams of ethylmorphine, or
18-14 any of its salts, per 100 milliliters or not more than 15
18-15 milligrams per dosage unit, with one or more active, nonnarcotic
18-16 ingredients in recognized therapeutic amounts;
18-17 not more than 500 milligrams of opium per 100
18-18 milliliters or per 100 grams, or not more than 25 milligrams per
18-19 dosage unit, with one or more active, nonnarcotic ingredients in
18-20 recognized therapeutic amounts;
18-21 not more than 50 milligrams of morphine, or any
18-22 of its salts, per 100 milliliters or per 100 grams with one or more
18-23 active, nonnarcotic ingredients in recognized therapeutic amounts;
18-24 and
18-25 not more than 1 milligram of difenoxin and not
18-26 less than 25 micrograms of atropine sulfate per dosage unit;
18-27 (5) a material, compound, mixture, or preparation that
19-1 contains any quantity of the following substances:
19-2 Barbital;
19-3 Chloral betaine;
19-4 Chloral hydrate;
19-5 Ethchlorvynol;
19-6 Ethinamate;
19-7 Meprobamate;
19-8 Methohexital;
19-9 Methylphenobarbital (Mephobarbital);
19-10 Paraldehyde;
19-11 Petrichloral; and
19-12 Phenobarbital;
19-13 (6) Peyote, unless unharvested and growing in its
19-14 natural state, meaning all parts of the plant classified
19-15 botanically as Lophophora, whether growing or not, the seeds of the
19-16 plant, an extract from a part of the plant, and every compound,
19-17 manufacture, salt, derivative, mixture, or preparation of the
19-18 plant, its seeds, or extracts;
19-19 (7) unless listed in another penalty group, a
19-20 material, compound, mixture, or preparation that contains any
19-21 quantity of the following substances having a stimulant effect on
19-22 the central nervous system, including the substance's salts,
19-23 optical, position, or geometric isomers, and salts of the
19-24 substance's isomers, if the existence of the salts, isomers, and
19-25 salts of isomers is possible within the specific chemical
19-26 designation:
19-27 Benzphetamine;
20-1 Cathine (+)-norpseudoephedrine;
20-2 Chlorphentermine;
20-3 Clortermine;
20-4 Diethylpropion;
20-5 Fencamfamin;
20-6 Fenfluramine;
20-7 Fenproporex;
20-8 Mazindol;
20-9 Mefenorex;
20-10 Pemoline (including organometallic complexes and
20-11 their chelates);
20-12 Phendimetrazine;
20-13 Phentermine;
20-14 Pipradrol;
20-15 Sibutramine; and
20-16 SPA (-)-1-dimethylamino-1,2-diphenylethane;
20-17 (8) unless specifically excepted or unless listed in
20-18 another penalty group, a material, compound, mixture, or
20-19 preparation that contains any quantity of the following substance,
20-20 including its salts:
20-21 Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
20-22 2-diphenyl-3-methyl-2-propionoxybutane); and
20-23 (9) an anabolic steroid or any substance that is
20-24 chemically or pharmacologically related to testosterone, other than
20-25 an estrogen, progestin, or corticosteroid, and promotes muscle
20-26 growth, including:
20-27 Boldenone;
21-1 Chlorotestosterone (4-chlortestosterone);
21-2 Clostebol;
21-3 Dehydrochlormethyltestosterone;
21-4 Dihydrotestosterone (4-dihydrotestosterone);
21-5 Drostanolone;
21-6 Ethylestrenol;
21-7 Fluoxymesterone;
21-8 Formebulone;
21-9 Mesterolone;
21-10 Methandienone;
21-11 Methandranone;
21-12 Methandriol;
21-13 Methandrostenolone;
21-14 Methenolone;
21-15 Methyltestosterone;
21-16 Mibolerone;
21-17 Nandrolone;
21-18 Norethandrolone;
21-19 Oxandrolone;
21-20 Oxymesterone;
21-21 Oxymetholone;
21-22 Stanolone;
21-23 Stanozolol;
21-24 Testolactone;
21-25 Testosterone; and
21-26 Trenbolone.
21-27 SECTION 11. Section 481.105, Health and Safety Code, is
22-1 amended to read as follows:
22-2 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
22-3 (1) a compound, mixture, or preparation containing
22-4 limited quantities of any of the following narcotic drugs that
22-5 includes one or more nonnarcotic active medicinal ingredients in
22-6 sufficient proportion to confer on the compound, mixture, or
22-7 preparation valuable medicinal qualities other than those possessed
22-8 by the narcotic drug alone:
22-9 not more than 200 milligrams of codeine per 100
22-10 milliliters or per 100 grams;
22-11 not more than 100 milligrams of dihydrocodeine
22-12 per 100 milliliters or per 100 grams;
22-13 not more than 100 milligrams of ethylmorphine per
22-14 100 milliliters or per 100 grams;
22-15 not more than 2.5 milligrams of diphenoxylate and
22-16 not less than 25 micrograms of atropine sulfate per dosage unit;
22-17 not more than 15 milligrams of opium per 29.5729
22-18 milliliters or per 28.35 grams; and
22-19 not more than 0.5 milligram of difenoxin and not
22-20 less than 25 micrograms of atropine sulfate per dosage unit;
22-21 (2) unless specifically excepted or unless listed in
22-22 another penalty group, a material, compound, mixture, or
22-23 preparation containing any quantity of the following narcotic
22-24 drugs, [drug Buprenorphine] or their [its] salts:
22-25 Buprenorphine; or
22-26 Butorphanol; and
22-27 (3) unless specifically exempted or excluded or unless
23-1 listed in another penalty group, any material, compound, mixture,
23-2 or preparation that contains any quantity of pyrovalerone, a
23-3 substance having a stimulant effect on the central nervous system,
23-4 including its salts, isomers, and salts of isomers.
23-5 SECTION 12. Section 481.122, Health and Safety Code, is
23-6 amended by amending Subsections (a) and (b) and adding Subsections
23-7 (d) and (e) to read as follows:
23-8 (a) Except as provided by this chapter, a person commits an
23-9 offense if the person knowingly delivers a controlled substance
23-10 listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers
23-11 marihuana and the person delivers the controlled substance or
23-12 marihuana to a person who:
23-13 (1) [who] is a child [17 years of age or younger];
23-14 (2) [who the actor knows or believes intends to
23-15 deliver the controlled substance or marihuana to a person 17 years
23-16 of age or younger;]
23-17 [(3) who] is enrolled in a private or public [an]
23-18 elementary or secondary school; or
23-19 (3) [(4) who] the actor knows or believes intends to
23-20 deliver the controlled substance or marihuana to a person described
23-21 by Subdivision (1) or (2) [who is enrolled in an elementary or
23-22 secondary school].
23-23 (b) It is an affirmative defense to prosecution under this
23-24 section that:
23-25 (1) the actor was a child [younger than 18 years of
23-26 age when the offense was committed]; or
23-27 (2) the actor:
24-1 (A) was 20 [younger than 21] years of age or
24-2 younger;
24-3 (B) [when the offense was committed and]
24-4 delivered only marihuana in an amount equal to or less than
24-5 one-fourth ounce; and
24-6 (C) [for which the actor] did not receive
24-7 remuneration for the delivery.
24-8 (d) In this section, "child" means a person 17 years of age
24-9 or younger.
24-10 (e) If conduct constituting an offense under this section
24-11 also constitutes an offense under another section of this code, the
24-12 actor may be prosecuted under either section or both sections.
24-13 SECTION 13. Section 481.126(a), Health and Safety Code, is
24-14 amended to read as follows:
24-15 (a) A person commits an offense if the person knowingly [or
24-16 intentionally]:
24-17 (1) expends funds the person knows are derived from
24-18 the commission of an offense [punishable] under this chapter
24-19 punishable by imprisonment in the institutional division of the
24-20 Texas Department of Criminal Justice for life [Section 481.112(e)
24-21 or (f), 481.113(e), 481.114(e), 481.115(f), 481.116(e), 481.117(e),
24-22 481.118(e), 481.120(b)(6), or 481.121(b)(6)]; or
24-23 (2) finances or invests funds the person knows or
24-24 believes are intended to further the commission of an offense for
24-25 which the punishment is described by [listed under] Subdivision
24-26 (1).
24-27 SECTION 14. Section 481.129(a), Health and Safety Code, is
25-1 amended to read as follows:
25-2 (a) A person commits an offense if the person knowingly:
25-3 (1) distributes as a registrant or dispenser a
25-4 controlled substance listed in Schedule I or II, unless the person
25-5 distributes the controlled substance under an order form as
25-6 required by Section 481.069;
25-7 (2) uses in the course of manufacturing, prescribing,
25-8 or distributing a controlled substance a registration number that
25-9 is fictitious, revoked, suspended, or issued to another person;
25-10 (3) issues a prescription bearing a forged or
25-11 fictitious signature;
25-12 (4) uses a prescription sticker issued to another
25-13 person to prescribe a Schedule II controlled substance;
25-14 (5) [(4)] possesses, obtains, or attempts to possess
25-15 or obtain a controlled substance or an increased quantity of a
25-16 controlled substance:
25-17 (A) by misrepresentation, fraud, forgery,
25-18 deception, or subterfuge;
25-19 (B) through use of a fraudulent prescription
25-20 form; or
25-21 (C) through use of a fraudulent oral or
25-22 telephonically communicated prescription; or
25-23 (6) [(5)] furnishes false or fraudulent material
25-24 information in or omits material information from an application,
25-25 report, record, or other document required to be kept or filed
25-26 under this chapter.
25-27 SECTION 15. Section 481.134, Health and Safety Code, is
26-1 amended to read as follows:
26-2 Sec. 481.134. DRUG-FREE ZONES. (a) In this section:
26-3 (1) "Child" ["Minor"] means a person who is 17
26-4 [younger than 18] years of age or younger.
26-5 (2) "Drug-free zone" means:
26-6 (A) a location in, on, or within 1,000 feet of:
26-7 (i) the premises of a school;
26-8 (ii) any real property that is owned,
26-9 rented, or leased to a school, a school district board of trustees,
26-10 or another entity that governs the school; or
26-11 (iii) premises owned, rented, or leased by
26-12 an institution of higher education;
26-13 (B) a location in, on, or within 300 feet of the
26-14 premises of a public or private youth center, public swimming pool,
26-15 or video arcade facility;
26-16 (C) a playground; or
26-17 (D) a school bus.
26-18 (3) "Institution of higher education" means any public
26-19 or private technical institute, junior college, senior college or
26-20 university, medical or dental unit, or other agency of higher
26-21 education as defined by Section 61.003, Education Code.
26-22 (4) [(3)] "Playground" means any outdoor facility that
26-23 is not on the premises of a school and that:
26-24 (A) is intended for recreation;
26-25 (B) is open to the public; and
26-26 (C) contains three or more separate apparatus
26-27 intended for the recreation of children, such as slides, swing
27-1 sets, and teeterboards.
27-2 (5) [(4)] "Premises" means real property and all
27-3 buildings and appurtenances pertaining to the real property.
27-4 (6) [(5)] "School" means a private or public
27-5 elementary or secondary school or a day-care center, as defined by
27-6 Section 42.002, Human Resources Code.
27-7 (7) [(6)] "Video arcade facility" means any facility
27-8 that:
27-9 (A) is open to the public, including children
27-10 [persons who are 17 years of age or younger];
27-11 (B) is intended primarily for the use of pinball
27-12 or video machines; and
27-13 (C) contains at least three pinball or video
27-14 machines.
27-15 (8) [(7)] "Youth center" means any recreational
27-16 facility or gymnasium that:
27-17 (A) is intended primarily for use by children
27-18 [persons who are 17 years of age or younger]; and
27-19 (B) regularly provides athletic, civic, or
27-20 cultural activities.
27-21 (b) Except as provided by Subsection (c), the punishment for
27-22 an [An] offense under this subchapter related to the manufacture,
27-23 delivery, or possession of a controlled substance, marihuana, a
27-24 controlled substance analogue, or drug paraphernalia is increased
27-25 to the punishment prescribed for the next higher category of
27-26 offense [otherwise punishable as a state jail felony under Section
27-27 481.112, 481.113, 481.114, or 481.120 is punishable as a felony of
28-1 the third degree, and an offense otherwise punishable as a felony
28-2 of the second degree under any of those sections is punishable as a
28-3 felony of the first degree,] if it is shown at the punishment phase
28-4 of the trial of the offense that the offense was committed in a
28-5 drug-free zone and that at the time of the commission of the
28-6 offense, the defendant knew or should have known that the defendant
28-7 was in a drug-free zone[:]
28-8 [(1) in, on, or within 1,000 feet of premises owned,
28-9 rented, or leased by an institution of higher learning or a
28-10 playground; or]
28-11 [(2) in, on, or within 300 feet of the premises of a
28-12 public or private youth center, public swimming pool, or video
28-13 arcade facility].
28-14 (c) The minimum term of [confinement or] imprisonment for an
28-15 offense under this subchapter that is related to the manufacture,
28-16 delivery, or possession of a controlled substance, marihuana, or a
28-17 controlled substance analogue and is [otherwise] punishable by
28-18 imprisonment in the institutional division of the Texas Department
28-19 of Criminal Justice for life [under Section 481.112(c), (d), (e),
28-20 or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
28-21 481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e),
28-22 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
28-23 481.121(b)(4), (5), or (6)] is increased by five years and the
28-24 maximum fine for the offense is doubled if it is shown at the
28-25 punishment phase of [on] the trial of the offense that the offense
28-26 was committed in a drug-free zone[:]
28-27 [(1) in, on, or within 1,000 feet of premises of a
29-1 school; or]
29-2 [(2) on a school bus].
29-3 (d) This section [An offense otherwise punishable under
29-4 Section 481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
29-5 481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if
29-6 it is shown on the trial of the offense that the offense was
29-7 committed:]
29-8 [(1) in, on, or within 1,000 feet of any real property
29-9 that is owned, rented, or leased to a school or school board; or]
29-10 [(2) on a school bus.]
29-11 [(e) An offense otherwise punishable under Section
29-12 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state
29-13 jail felony if it is shown on the trial of the offense that the
29-14 offense was committed:]
29-15 [(1) in, on, or within 1,000 feet of any real property
29-16 that is owned, rented, or leased to a school or school board; or]
29-17 [(2) on a school bus.]
29-18 [(f) An offense otherwise punishable under Section
29-19 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class
29-20 A misdemeanor if it is shown on the trial of the offense that the
29-21 offense was committed:]
29-22 [(1) in, on, or within 1,000 feet of any real property
29-23 that is owned, rented, or leased to a school or school board; or]
29-24 [(2) on a school bus.]
29-25 [(g) Subsection (f)] does not apply to an offense if:
29-26 (1) the offense is a Class B or Class C misdemeanor;
29-27 and
30-1 (2) at the punishment phase of the trial of the
30-2 offense, the defendant shows in the affirmative by a preponderance
30-3 of the evidence that:
30-4 (A) the offense was committed inside a private
30-5 residence; and
30-6 (B) [(2)] no child [minor] was present in the
30-7 private residence at the time the offense was committed.
30-8 (e) [(h)] Punishment that is increased for a conviction for
30-9 an offense described by [listed under] this section may not run
30-10 concurrently with punishment for a conviction under any other
30-11 criminal statute.
30-12 SECTION 16. Section 552.118, Government Code, is amended to
30-13 read as follows:
30-14 Sec. 552.118. EXCEPTION: OFFICIAL PRESCRIPTION FORM.
30-15 Information is excepted from the requirements of Section 552.021 if
30-16 it is:
30-17 (1) information on or derived from an official
30-18 prescription form filed with the director of the Department of
30-19 Public Safety under Section 481.075, Health and Safety Code; or
30-20 (2) other information collected under Section 481.075
30-21 of that code.
30-22 SECTION 17. Section 481.132, Health and Safety Code, is
30-23 repealed.
30-24 SECTION 18. (a) This Act takes effect September 1, 1999.
30-25 (b) The changes in law made by this Act to Sections 481.122,
30-26 481.126, 481.129, and 481.134, Health and Safety Code, apply only
30-27 to an offense committed on or after September 1, 1999. An offense
31-1 committed before September 1, 1999, is covered by the law in effect
31-2 when the offense was committed, and the former law is continued in
31-3 effect for that purpose.
31-4 (c) The repeal by this Act of Section 481.132, Health and
31-5 Safety Code, applies only to the prosecution of an offense
31-6 committed on or after September 1, 1999. The prosecution of an
31-7 offense committed before September 1, 1999, is governed by the law
31-8 in effect when the offense was committed, and the former law is
31-9 continued in effect for that purpose.
31-10 (d) For purposes of this section, an offense was committed
31-11 before September 1, 1999, if any element of the offense occurred
31-12 before that date.
31-13 SECTION 19. The importance of this legislation and the
31-14 crowded condition of the calendars in both houses create an
31-15 emergency and an imperative public necessity that the
31-16 constitutional rule requiring bills to be read on three several
31-17 days in each house be suspended, and this rule is hereby suspended.