By Hilbert H.B. No. 2967 76R2858 PEP-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transfer of certain products containing ephedrine 1-3 to a person 17 years of age or younger; creating an offense. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 481, Health and Safety 1-6 Code, is amended by adding Section 481.1365 to read as follows: 1-7 Sec. 481.1365. OFFENSE: TRANSFER OF PRODUCT CONTAINING 1-8 EPHEDRINE. (a) A person commits an offense if the person 1-9 knowingly sells, transfers, or otherwise furshishes a product 1-10 containing ephedrine to a person 17 years of age or younger, 1-11 unless: 1-12 (1) the actor is: 1-13 (A) a practitioner or other health care provider 1-14 licensed by this state; or 1-15 (B) the parent, guardian, or managing 1-16 conservator of the person to whom the product is furnished; 1-17 (2) the person to whom the product is furnished has 1-18 had the disabilities of minority removed for general purposes under 1-19 Chapter 31, Family Code; or 1-20 (3) the product is: 1-21 (A) a formulation in a solid dosage form that 1-22 combines active ingredients in the following ranges for each 1-23 recommended dose: 1-24 (i) ephedrine, its salts, optical isomers, 2-1 or salts of optical isomers not to exceed 12.5 milligrams combined 2-2 with at least 200 milligrams guaifenesin; or 2-3 (ii) ephedrine, its salts, optical 2-4 isomers, or salts of optical isomers not to exceed 25 milligrams 2-5 combined with at least 400 milligrams guaifenesin; 2-6 (B) a formulation in a liquid oral dosage form 2-7 that combines active ingredients in the following ranges for each 2-8 five milliliter dose: 2-9 (i) dextromethorphan hydrobromide in an 2-10 amount not greater than 10 milligrams; 2-11 (ii) chlorpheniramine maleate in an amount 2-12 not greater than 2 milligrams; 2-13 (iii) ephedrine hydrochloride in an amount 2-14 not greater than 5 milligrams; 2-15 (iv) phenylephrine in an amount not 2-16 greater than 5 milligrams; 2-17 (v) ammonium chloride in an amount not 2-18 greater than 40 milligrams; or 2-19 (vi) ipecac fluid extract in an amount not 2-20 greater than 0.005 milliliters; 2-21 (C) an anorectal preparation containing less 2-22 than five percent ephedrine; 2-23 (D) a nasal decongestant preparation containing 2-24 not more than .5 percent ephedrine; or 2-25 (E) a drug product marketed under an approved 2-26 new drug application under the Federal Food, Drug, and Cosmetic Act 2-27 (21 U.S.C. Section 301 et seq.), as amended. 3-1 (b) An offense under this section is a Class C misdemeanor, 3-2 unless it is shown on the trial of the offense that the defendant 3-3 has been previously convicted of an offense under this section, in 3-4 which event the offense is a Class B misdemeanor. 3-5 SECTION 2. This Act takes effect September 1, 1999. 3-6 SECTION 3. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended.