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.