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.