By Nelson S.B. No. 1236
76R3429 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of a product that is a combination of a drug
1-3 and a device.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 431, Health and Safety
1-6 Code, is amended by adding Section 431.006 to read as follows:
1-7 Sec. 431.006. CERTAIN COMBINATION PRODUCTS. If the United
1-8 States Food and Drug Administration determines, with respect to a
1-9 product that is a combination of a drug and a device, that:
1-10 (1) the primary mode of action of the product is as a
1-11 drug, a person who engages in wholesale distribution of the product
1-12 is subject to licensure under Subchapter I; and
1-13 (2) the primary mode of action of the product is as a
1-14 device, a distributor or manufacturer of the product is subject to
1-15 licensure under Subchapter L.
1-16 SECTION 2. The importance of this legislation and the
1-17 crowded condition of the calendars in both houses create an
1-18 emergency and an imperative public necessity that the
1-19 constitutional rule requiring bills to be read on three several
1-20 days in each house be suspended, and this rule is hereby suspended,
1-21 and that this Act take effect and be in force from and after its
1-22 passage, and it is so enacted.