1-1     By:  Swinford (Senate Sponsor - Bivins)               H.B. No. 1975
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Natural Resources; May 6, 1999, reported favorably, as amended, by
 1-5     the following vote:  Yeas 5, Nays 0; May 6, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Bivins
 1-7           Amend H.B. 1975 by adding the following new section and
 1-8     renumbering the remaining sections accordingly.
 1-9           SECTION 1.  Subdivision (2), Section 483.001, Health and
1-10     Safety Code, is amended to read as follows:
1-11           (2)  "Dangerous drug" means a device or a drug that is unsafe
1-12     for self-medication and that is not included in Schedules I through
1-13     V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled
1-14     Substances Act).  The term includes a device or a drug that bears
1-15     or is required to bear the legend:
1-16                 (A)  "Caution:  federal law prohibits dispensing
1-17     without prescription" or at a minimum, "Rx only"; or
1-18                 (B)  "Caution:  federal law restricts this drug to use
1-19     by or on the order of a licensed veterinarian."
1-20     COMMITTEE AMENDMENT NO. 2                               By:  Bivins
1-21           Amend H.B. 1975 by adding the following new section 3 and
1-22     renumbering the remaining sections accordingly:
1-23           SECTION 3.  Subdivisions (15) and (41), Section 5, Texas
1-24     Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
1-25     amended to read as follows:
1-26           (15)  "Dangerous drug" means any drug or device that is not
1-27     included in Penalty Groups 1-4 of the Controlled Substances Act and
1-28     that is unsafe for self-medication or any drug or device that bears
1-29     or is required to bear the legend:
1-30                 (A)  "Caution:  federal law prohibits dispensing
1-31     without prescription" or, at a  minimum, "Rx only"; or
1-32                 (B)  "Caution:  federal law restricts this drug to use
1-33     by or on the order of a licensed veterinarian."
1-34           (41)  "Prescription drug" means:
1-35                 (A)  a dangerous drug; or [a substance for which
1-36     federal or state law requires a prescription before it may be
1-37     legally dispensed to the public;]
1-38                 (B)  a controlled substance. [a drug or device that
1-39     under federal law is required, prior to being dispensed or
1-40     delivered, to be labeled with either the following statements;]
1-41                       [(i)  "Caution:  federal law prohibits dispensing
1-42     without prescription"; or]
1-43                       [(ii)  "Caution:  federal law restricts this drug
1-44     to use by or on the order of a licensed veterinarian"; or]
1-45                 [(C)  a drug or device that is required by any
1-46     applicable federal or state law or regulation to be dispensed on
1-47     prescription only or is restricted to use by a practitioner only.]
1-48                            A BILL TO BE ENTITLED
1-49                                   AN ACT
1-50     relating to the labeling requirements for drugs prescribed or
1-51     dispensed for administration to animals in agricultural operations.
1-52           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-53           SECTION 1.  Section 483.042, Health and Safety Code, is
1-54     amended by adding Subsection (f) to read as follows:
1-55           (f)  Provided all federal requirements are met, the labeling
1-56     provisions of Subsection (a) do not apply to a dangerous drug
1-57     prescribed or dispensed for administration to food production
1-58     animals in an agricultural operation under a written medical
1-59     directive or treatment guideline from a veterinarian licensed under
1-60     the Veterinary Licensing Act (Article 8890, Revised Statutes) and
1-61     its subsequent amendments.
 2-1           SECTION 2.  This Act takes effect September 1, 1999.
 2-2           SECTION 3.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.
 2-7                                  * * * * *