By: Van de Putte S.B. No. 753
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of controlled substances under the Texas
1-3 Controlled Substances Act, to the accessibility of certain
1-4 information collected under that Act, and to the punishment for
1-5 certain offenses under that Act.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 481.002, Health and Safety Code, is
1-8 amended by amending Subdivision (26) and adding Subdivisions (51)
1-9 and (53) to read as follows:
1-10 (26) "Marihuana" means the plant Cannabis sativa L.,
1-11 whether growing or not, the seeds of that plant, and every
1-12 compound, manufacture, salt, derivative, mixture, or preparation of
1-13 that plant or its seeds. The term does not include:
1-14 (A) the resin extracted from a part of the plant
1-15 or a compound, manufacture, salt, derivative, mixture, or
1-16 preparation of the resin;
1-17 (B) the mature stalks of the plant or fiber
1-18 produced from the stalks;
1-19 (C) oil or cake made from the seeds of the
1-20 plant;
1-21 (D) a compound, manufacture, salt, derivative,
1-22 mixture, or preparation of the mature stalks, fiber, oil, or cake;
1-23 or
1-24 (E) the sterilized seeds of the plant that are
1-25 incapable of beginning germination.
2-1 (51) "Chemical precursor" means:
2-2 (A) Methylamine;
2-3 (B) Ethylamine;
2-4 (C) D-lysergic acid;
2-5 (D) Ergotamine tartrate;
2-6 (E) Diethyl malonate;
2-7 (F) Malonic acid;
2-8 (G) Ethyl malonate;
2-9 (H) Barbituric acid;
2-10 (I) Piperidine;
2-11 (J) N-acetylanthranilic acid;
2-12 (K) Pyrrolidine;
2-13 (L) Phenylacetic acid;
2-14 (M) Anthranilic acid;
2-15 (N) Ephedrine;
2-16 (O) Pseudoephedrine;
2-17 (P) Norpseudoephedrine; or
2-18 (Q) Phenylpropanolamine.
2-19 (53) "Chemical laboratory apparatus" means any item of
2-20 equipment designed, made, or adapted to manufacture a controlled
2-21 substance or a controlled substance analogue, including:
2-22 (A) a condenser;
2-23 (B) a distilling apparatus;
2-24 (C) a vacuum drier;
2-25 (D) a three-neck or distilling flask;
2-26 (E) a tableting machine;
3-1 (F) an encapsulating machine;
3-2 (G) a filter, Buchner, or separatory funnel;
3-3 (H) an Erlenmeyer, two-neck, or single-neck
3-4 flask;
3-5 (I) a round-bottom, Florence, thermometer, or
3-6 filtering flask;
3-7 (J) a Soxhlet extractor;
3-8 (K) a transformer;
3-9 (L) a flask heater;
3-10 (M) a heating mantel; or
3-11 (N) an adaptor tube.
3-12 SECTION 2. Subsection (a), Section 481.032, Health and
3-13 Safety Code, is amended to read as follows:
3-14 (a) The commissioner shall establish and modify the
3-15 following schedules of controlled substances under this subchapter:
3-16 Schedule I, [Schedule I-A,] Schedule II, Schedule III, Schedule IV,
3-17 and Schedule V.
3-18 SECTION 3. Subsection (a), Section 481.062, Health and
3-19 Safety Code, is amended to read as follows:
3-20 (a) The following persons are not required to register and
3-21 may possess a controlled substance under this chapter:
3-22 (1) an agent or employee of a registered manufacturer,
3-23 distributor, analyzer, or dispenser of the controlled substance
3-24 acting in the usual course of business or employment;
3-25 (2) a common or contract carrier, a warehouseman, or
3-26 an employee of a carrier or warehouseman whose possession of the
4-1 controlled substance is in the usual course of business or
4-2 employment;
4-3 (3) an ultimate user or a person in possession of the
4-4 controlled substance under a lawful order of a practitioner or in
4-5 lawful possession of the controlled substance if it is listed in
4-6 Schedule V;
4-7 (4) an officer or employee of this state, another
4-8 state, a political subdivision of this state or another state, or
4-9 the United States who is lawfully engaged in the enforcement of a
4-10 law relating to a controlled substance or drug or to a customs law
4-11 and authorized to possess the controlled substance in the discharge
4-12 of the person's official duties; or
4-13 (5) if the substance is tetrahydrocannabinol or one of
4-14 its derivatives:
4-15 (A) a Texas Department of Health official, a
4-16 medical school researcher, or a research program participant
4-17 possessing the substance as authorized under Subchapter G; or
4-18 (B) a practitioner or an ultimate user
4-19 possessing the substance as a participant in a federally approved
4-20 therapeutic research program that the commissioner has reviewed and
4-21 found, in writing, to contain a medically responsible research
4-22 protocol.
4-23 SECTION 4. Subsection (h), Section 481.063, Health and
4-24 Safety Code, is amended to read as follows:
4-25 (h) Chapter 2001, Government Code, does not apply to a
4-26 denial[, suspension, or revocation] of a registration under
5-1 Subsection (e)(2)(A) or (B), (e)(3), (e)(4), or (e)(9).
5-2 SECTION 5. Subsection (a), Section 481.064, Health and
5-3 Safety Code, is amended to read as follows:
5-4 (a) The director may charge a nonrefundable [an annual
5-5 registration] fee of not more than $25 before processing an
5-6 application for annual registration. The director by rule shall
5-7 set the amount of the fee at the amount that is necessary to cover
5-8 the cost of administering and enforcing this subchapter. Except as
5-9 provided by Subsection (b), registrants shall pay the fees to the
5-10 director.
5-11 SECTION 6. Subsections (g) and (i), Section 481.066, Health
5-12 and Safety Code, are amended to read as follows:
5-13 (g) Chapter 2001, Government Code, applies to a proceeding
5-14 under this section to the extent that that chapter does not
5-15 conflict with this subchapter. Chapter 2001, Government Code, does
5-16 not apply to a cancellation, suspension, probation, or revocation
5-17 of a registration for a cause described by Section 481.063(e)(2)(A)
5-18 or (B), (e)(3), (e)(4), or (e)(9).
5-19 (i) The director shall give written notice to the applicant
5-20 or registrant of the acceptance of a voluntary surrender of a
5-21 registration, or of the cancellation, suspension, probation,
5-22 revocation, or denial of a registration. The notice shall be sent
5-23 by certified [registered] mail, return receipt requested, to the
5-24 most current address of the applicant or registrant contained in
5-25 department [the] files [of the Department of Public Safety].
5-26 SECTION 7. Section 481.067, Health and Safety Code, is
6-1 amended by amending Subsection (a) and adding Subsection (c) to
6-2 read as follows:
6-3 (a) A person who is registered to manufacture, distribute,
6-4 analyze, or dispense a controlled substance shall keep records and
6-5 maintain inventories in compliance with recordkeeping and inventory
6-6 requirements of federal law and with additional rules the director
6-7 adopts. [Records and inventories must be retained for at least two
6-8 years after the date they are made.]
6-9 (c) A record required by this section must be made at the
6-10 time of the transaction that is the basis of the record. A record
6-11 or inventory required by this section must be kept or maintained
6-12 for at least two years after the date the record or inventory is
6-13 made.
6-14 SECTION 8. Subsection (b), Section 481.068, Health and
6-15 Safety Code, is amended to read as follows:
6-16 (b) Except as provided by Sections 481.074 [481.074(b)] and
6-17 481.075 [481.075(d)], a practitioner engaged in authorized medical
6-18 practice or research may not be required to furnish the name or
6-19 identity of a patient or research subject to the department
6-20 [Department of Public Safety], the director of the Texas Commission
6-21 on Alcohol and Drug Abuse, or any other agency, public official, or
6-22 law enforcement officer. A practitioner may not be compelled in a
6-23 state or local civil, criminal, administrative, legislative, or
6-24 other proceeding to furnish the name or identity of an individual
6-25 that the practitioner is obligated to keep confidential.
6-26 SECTION 9. Subsection (a), Section 481.073, Health and
7-1 Safety Code, is amended to read as follows:
7-2 (a) Only a practitioner defined by Section 481.002(39)(A)
7-3 and an agent designated in writing by the practitioner in
7-4 accordance with rules adopted by the department [Department of
7-5 Public Safety] may communicate a prescription by telephone. A
7-6 pharmacy that receives a telephonically communicated prescription
7-7 shall promptly write the prescription and file and retain the
7-8 prescription in the manner required by this subchapter. A
7-9 practitioner who designates an agent to communicate prescriptions
7-10 shall maintain the written designation of the agent in the
7-11 practitioner's usual place of business and shall make the
7-12 designation available for inspection by investigators for the Texas
7-13 State Board of Medical Examiners, the State Board of Dental
7-14 Examiners, the State Board of Veterinary Medical Examiners, and the
7-15 department [Department of Public Safety]. A practitioner who
7-16 designates a different agent shall designate that agent in writing
7-17 and maintain the designation in the same manner in which the
7-18 practitioner initially designated an agent under this section.
7-19 SECTION 10. Subsections (b), (c), and (f), Section 481.074,
7-20 Health and Safety Code, are amended to read as follows:
7-21 (b) Except in an emergency as defined by rule of the
7-22 director or as provided by Section 481.075(j) or (m), a person may
7-23 not dispense or administer a controlled substance listed in
7-24 Schedule II without the written prescription of a practitioner on
7-25 an official prescription form that meets the requirements of and is
7-26 completed by the practitioner in accordance with Section 481.075[,
8-1 and if the controlled substance is to be dispensed, the
8-2 practitioner must be registered under Section 481.063]. In an
8-3 emergency, a person may dispense or administer a controlled
8-4 substance listed in Schedule II on the oral or telephonically
8-5 communicated prescription of a practitioner. The person who
8-6 administers or dispenses the substance shall:
8-7 (1) if the person is a prescribing practitioner or a
8-8 pharmacist, promptly comply with Subsection (c); or
8-9 (2) if the person is not a prescribing practitioner or
8-10 a pharmacist, promptly write the oral or telephonically
8-11 communicated prescription and include in the written record of the
8-12 prescription the name, address, and Federal Drug Enforcement
8-13 Administration number of the prescribing practitioner, all
8-14 information required to be provided by a practitioner under Section
8-15 481.075(e)(1), and all information required to be provided by a
8-16 dispensing pharmacist under Section 481.075(e)(2).
8-17 (c) Not later than the seventh day [72 hours] after the date
8-18 a prescribing practitioner authorizes [authorizing] an emergency
8-19 oral or telephonically communicated prescription, the prescribing
8-20 practitioner shall cause a written prescription, completed in the
8-21 manner required by Section 481.075, to be delivered in person or
8-22 mailed to the dispensing pharmacist at the pharmacy where the
8-23 prescription was dispensed. The envelope of a prescription
8-24 delivered by mail must be postmarked not later than the seventh day
8-25 [72 hours] after the date the prescription was authorized. On
8-26 receipt of the prescription, the dispensing pharmacy shall file the
9-1 transcription of the telephonically communicated prescription and
9-2 the pharmacy copy and shall send information to the director as
9-3 required by Section 481.075. [The pharmacist or the pharmacy that
9-4 employs the pharmacist shall send all information required by the
9-5 director, including any information required to complete an
9-6 official prescription form, to the director by electronic transfer,
9-7 a universal claim form customarily used by pharmaceutical service
9-8 providers, or other form approved by the director not later than
9-9 the 30th day after the date the prescription was dispensed.]
9-10 (f) A prescription for a Schedule II controlled substance
9-11 written for a patient in a long-term care facility (LTCF) or for a
9-12 patient with a medical diagnosis documenting a terminal illness may
9-13 be filled in partial quantities to include individual dosage units.
9-14 If there is any question about whether a patient may be classified
9-15 as having a terminal illness, the pharmacist must contact the
9-16 practitioner before [prior to] partially filling the prescription.
9-17 Both the pharmacist and the practitioner have a corresponding
9-18 responsibility to assure that the controlled substance is for a
9-19 terminally ill patient. The pharmacist must record the
9-20 prescription on an official prescription form and must indicate on
9-21 the form whether the patient is "terminally ill" or an "LTCF
9-22 patient." A prescription that is partially filled and does not
9-23 contain the notation "terminally ill" or "LTCF patient" is
9-24 considered [shall be deemed] to have been filled in violation of
9-25 this chapter [Act]. For each partial filling, the dispensing
9-26 pharmacist shall record on the back of the official prescription
10-1 form the date of the partial filling, the quantity dispensed, the
10-2 remaining quantity authorized to be dispensed, and the
10-3 identification of the dispensing pharmacist. Before [Prior to] any
10-4 subsequent partial filling, the pharmacist must [is to] determine
10-5 that the additional partial filling is necessary. The total
10-6 quantity of Schedule II controlled substances dispensed in all
10-7 partial fillings may [must] not exceed the total quantity
10-8 prescribed. Schedule II prescriptions for patients in a long-term
10-9 care facility or patients with a medical diagnosis documenting a
10-10 terminal illness are [shall be] valid for a period not to exceed 60
10-11 [30] days after [from] the issue date unless sooner terminated by
10-12 discontinuance of the medication.
10-13 SECTION 11. Subsections (e), (g), and (i), Section 481.075,
10-14 Health and Safety Code, are amended to read as follows:
10-15 (e) Each official prescription form used to prescribe a
10-16 Schedule II controlled substance must contain:
10-17 (1) information provided by the prescribing
10-18 practitioner, including:
10-19 (A) the date the prescription is written;
10-20 (B) the controlled substance prescribed;
10-21 (C) the quantity of controlled substance
10-22 prescribed, shown numerically followed by the number written as a
10-23 word;
10-24 (D) the intended use of the controlled substance
10-25 or the diagnosis for which it is prescribed and the instructions
10-26 for use of the substance;
11-1 (E) the practitioner's name, address, department
11-2 registration number, and Federal Drug Enforcement Administration
11-3 number; and
11-4 (F) the name, address, and date of birth or age
11-5 of the person for whom the controlled substance is prescribed;
11-6 (2) information provided by the dispensing pharmacist,
11-7 including the date the prescription is filled; and
11-8 (3) the signatures of the prescribing practitioner and
11-9 the dispensing pharmacist.
11-10 (g) Except for an oral prescription [prescriptions]
11-11 prescribed under Section 481.074(b), the prescribing practitioner
11-12 shall:
11-13 (1) legibly fill in, or direct a designated agent to
11-14 legibly fill in, on the official prescription form, each item of
11-15 information required to be provided by the prescribing practitioner
11-16 under Subsection (e)(1), unless the practitioner [practioner]
11-17 determines that:
11-18 (A) under rule adopted by the director for this
11-19 purpose, it is unnecessary for the practitioner or the
11-20 practitioner's agent to provide the patient identification number;
11-21 or
11-22 (B) it is not in the best interest of the
11-23 patient for the practitioner or practitioner's agent to provide
11-24 information regarding the intended use of the controlled substance
11-25 or the diagnosis for which it is prescribed; and
11-26 (2) sign the official prescription form and give the
12-1 form to the person authorized to receive the prescription.
12-2 (i) Each dispensing pharmacist shall:
12-3 (1) fill in on the official prescription form each
12-4 item of information given orally to the dispensing pharmacy under
12-5 Subsection (h), the date the prescription is filled, and the
12-6 dispensing pharmacist's signature;
12-7 (2) retain with the records of the pharmacy for at
12-8 least two years:
12-9 (A) the official prescription form; and
12-10 (B) the name or other patient identification
12-11 required by Section 481.074(m) or (n); and
12-12 (3) send all information required by the director,
12-13 including any information required to complete an official
12-14 prescription form, to the director by electronic transfer or
12-15 another form approved by the director[, including a universal claim
12-16 form customarily used by pharmaceutical services providers,] not
12-17 later than the 15th [30th] day after the last day of the month in
12-18 which [date] the prescription is completely filled [or not later
12-19 than the 30th day after the completion of a prescription dispensed
12-20 under Section 481.074(f)].
12-21 SECTION 12. Section 481.077, Health and Safety Code, is
12-22 amended to read as follows:
12-23 Sec. 481.077. CHEMICAL PRECURSOR RECORDS AND REPORTS.
12-24 (a) Except as provided by Subsection (l), a person who sells,
12-25 transfers, or otherwise furnishes a chemical precursor [any of the
12-26 following precursor substances] to another [a] person shall make an
13-1 accurate and legible record of the transaction and maintain the
13-2 record for at least two years after the date of the transaction[:]
13-3 [(1) Methylamine;]
13-4 [(2) Ethylamine;]
13-5 [(3) D-lysergic acid;]
13-6 [(4) Ergotamine tartrate;]
13-7 [(5) Diethyl malonate;]
13-8 [(6) Malonic acid;]
13-9 [(7) Ethyl malonate;]
13-10 [(8) Barbituric acid;]
13-11 [(9) Piperidine;]
13-12 [(10) N-acetylanthranilic acid;]
13-13 [(11) Pyrrolidine;]
13-14 [(12) Phenylacetic acid;]
13-15 [(13) Anthranilic acid;]
13-16 [(14) Ephedrine;]
13-17 [(15) Pseudoephedrine;]
13-18 [(16) Norpseudoephedrine; or]
13-19 [(17) Phenylpropanolamine].
13-20 (b) The director by rule may:
13-21 (1) name an additional chemical substance as a
13-22 chemical precursor for purposes of Subsection (a) if the director
13-23 determines that public health and welfare are jeopardized by
13-24 evidenced proliferation or use of the chemical substance in the
13-25 illicit manufacture of a controlled substance or controlled
13-26 substance analogue; or
14-1 (2) exempt a chemical precursor from the requirements
14-2 of [delete a substance listed in] Subsection (a) if the director
14-3 determines that the chemical precursor [substance] does not
14-4 jeopardize public health and welfare or is not used in the illicit
14-5 manufacture of a controlled substance or a controlled substance
14-6 analogue.
14-7 (c) This section and Section 481.078 do not apply to a
14-8 person to whom a registration has been issued under Section
14-9 481.063.
14-10 (d) Before selling, transferring, or otherwise furnishing to
14-11 a person in this state a chemical precursor [substance] subject to
14-12 Subsection (a), a manufacturer, wholesaler, retailer, or other
14-13 person shall:
14-14 (1) if the recipient does not represent a business,
14-15 obtain from the recipient:
14-16 (A) the recipient's driver's license number or
14-17 other personal identification certificate number, date of birth,
14-18 and residential or mailing address, other than a post office box
14-19 number, from a driver's license or personal identification
14-20 certificate [card] issued by the department [Department of Public
14-21 Safety] that contains a photograph of the recipient;
14-22 (B) the year, state, and number of the motor
14-23 vehicle license of the motor vehicle owned or operated by the
14-24 recipient;
14-25 (C) a complete description of how the chemical
14-26 precursor [substance] is to be used; and
15-1 (D) the recipient's signature; or
15-2 (2) if the recipient represents a business, obtain
15-3 from the recipient:
15-4 (A) a letter of authorization from the business
15-5 that includes the business license or comptroller tax
15-6 identification number, address, area code, and telephone number and
15-7 a complete description of how the chemical precursor [substance] is
15-8 to be used; and
15-9 (B) the recipient's signature; and
15-10 (3) for any recipient, sign as a witness to the
15-11 signature and identification of the recipient.
15-12 (e) If the recipient does not represent a business, the
15-13 recipient shall present to the manufacturer, wholesaler, retailer,
15-14 or other person a permit issued in the name of the recipient by the
15-15 department [Department of Public Safety] under Section 481.078.
15-16 (f) Except as provided by Subsection (h), a manufacturer,
15-17 wholesaler, retailer, or other person who sells, transfers, or
15-18 otherwise furnishes to a person in this state a chemical precursor
15-19 [substance] subject to Subsection (a) shall submit, at least 21
15-20 days before the delivery of the chemical precursor [substance], a
15-21 report of the transaction on a form obtained from the director that
15-22 includes the information required by Subsection (d).
15-23 (g) The director shall supply to a manufacturer, wholesaler,
15-24 retailer, or other person who sells, transfers, or otherwise
15-25 furnishes a chemical precursor [substance] subject to Subsection
15-26 (a) a form for the submission of:
16-1 (1) the report required by Subsection (f);
16-2 (2) the name and measured amount of the chemical
16-3 precursor [substance] delivered; and
16-4 (3) any other information required by the director.
16-5 (h) The director may authorize a manufacturer, wholesaler,
16-6 retailer, or other person to submit a comprehensive monthly report
16-7 instead of the report required by Subsection (f) if the director
16-8 determines that:
16-9 (1) there is a pattern of regular supply and purchase
16-10 of the chemical precursor [substance] between the furnisher and the
16-11 recipient; or
16-12 (2) the recipient has established a record of use of
16-13 the chemical precursor [substance] solely for a lawful purpose.
16-14 (i) A manufacturer, wholesaler, retailer, or other person
16-15 who receives from a source outside this state a chemical precursor
16-16 [substance] subject to Subsection (a) or who discovers a loss or
16-17 theft of a chemical precursor [substance] subject to Subsection (a)
16-18 shall:
16-19 (1) submit a report of the transaction to the director
16-20 in accordance with department rule; and
16-21 (2) include in the report:
16-22 (A) any difference between the amount of the
16-23 chemical precursor [substance] actually received and the amount of
16-24 the chemical precursor [substance] shipped according to the
16-25 shipping statement or invoice; or
16-26 (B) the amount of the loss or theft.
17-1 (j) A report under Subsection (i) must:
17-2 (1) be made not later than the third day after the
17-3 date that the manufacturer, wholesaler, retailer, or other person
17-4 learns of the discrepancy, loss, or theft; and
17-5 (2) if the discrepancy, loss, or theft occurred during
17-6 a shipment of the chemical precursor [substance], include the name
17-7 of the common carrier or person who transported the chemical
17-8 precursor [substance] and the date that the chemical precursor
17-9 [substance] was shipped.
17-10 (k) Unless the person is the holder of only a permit issued
17-11 under Section 481.078(b)(1), a manufacturer, wholesaler, retailer,
17-12 or other person who sells, transfers, or otherwise furnishes any
17-13 chemical precursor [substance] subject to Subsection (a) or a
17-14 permit holder, commercial purchaser, or other person who receives a
17-15 chemical precursor subject to [substance governed by] Subsection
17-16 (a):
17-17 (1) shall maintain records and inventories in
17-18 accordance with rules established by the director;
17-19 (2) shall allow a member of the department [Department
17-20 of Public Safety] or a peace officer to conduct audits and inspect
17-21 records of purchases and sales and all other records made in
17-22 accordance with this section at any reasonable time; and
17-23 (3) may not interfere with the audit or with the full
17-24 and complete inspection or copying of those records.
17-25 (l) This section does not apply to the sale or transfer of a
17-26 nonnarcotic product that includes a chemical precursor [substance]
18-1 subject to Subsection (a) if the sale or transfer complies with
18-2 federal law and involves a product that may be sold lawfully with a
18-3 prescription or over the counter without a prescription under the
18-4 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
18-5 seq.) or a rule adopted under that Act.
18-6 SECTION 13. Subsections (a) and (b), Section 481.078, Health
18-7 and Safety Code, are amended to read as follows:
18-8 (a) A person must obtain a chemical precursor transfer
18-9 permit from the department [Department of Public Safety] to be
18-10 eligible:
18-11 (1) to sell, transfer, or otherwise furnish a chemical
18-12 precursor [substance] subject to Section 481.077(a) to a person in
18-13 this state;
18-14 (2) to receive a chemical precursor [substance]
18-15 subject to Section 481.077(a) from a source outside this state; or
18-16 (3) to receive a chemical precursor [substance]
18-17 subject to Section 481.077(a) if the person, in receiving the
18-18 chemical precursor [substance], does not represent a business.
18-19 (b) The director by rule shall adopt procedures and
18-20 standards for the issuance and renewal or the voluntary surrender,
18-21 cancellation, suspension, probation, or revocation of:
18-22 (1) a permit for one sale, transfer, receipt, or
18-23 otherwise furnishing of a chemical [controlled substance]
18-24 precursor; or
18-25 (2) a permit for more than one sale, transfer,
18-26 receipt, or otherwise furnishing of a chemical [controlled
19-1 substance] precursor.
19-2 SECTION 14. Section 481.080, Health and Safety Code, is
19-3 amended to read as follows:
19-4 Sec. 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
19-5 REQUIREMENTS AND PENALTIES. (a) [In this section, "chemical
19-6 laboratory apparatus" means any item of equipment designed, made,
19-7 or adapted to manufacture a controlled substance or a controlled
19-8 substance analogue, including:]
19-9 [(1) a condenser;]
19-10 [(2) a distilling apparatus;]
19-11 [(3) a vacuum drier;]
19-12 [(4) a three-neck or distilling flask;]
19-13 [(5) a tableting machine;]
19-14 [(6) an encapsulating machine;]
19-15 [(7) a filter, Buchner, or separatory funnel;]
19-16 [(8) an Erlenmeyer, two-neck, or single-neck flask;]
19-17 [(9) a round-bottom, Florence, thermometer, or
19-18 filtering flask;]
19-19 [(10) a Soxhlet extractor;]
19-20 [(11) a transformer;]
19-21 [(12) a flask heater;]
19-22 [(13) a heating mantel; or]
19-23 [(14) an adaptor tube.]
19-24 [(b)] A manufacturer, wholesaler, retailer, or other person
19-25 who sells, transfers, or otherwise furnishes a chemical laboratory
19-26 apparatus shall make an accurate and legible record of the
20-1 transaction and maintain the record for at least two years after
20-2 the date of the transaction.
20-3 (b) [(c)] The director may adopt rules to implement this
20-4 section.
20-5 (c) [(d)] The director by rule may:
20-6 (1) name an additional item of equipment as a chemical
20-7 laboratory apparatus for purposes of Subsection (a) if the director
20-8 determines that public health and welfare are jeopardized by
20-9 evidenced proliferation or use of the item of equipment [a chemical
20-10 laboratory apparatus] in the illicit manufacture of a controlled
20-11 substance or controlled substance analogue; or
20-12 (2) exempt a chemical laboratory [delete an] apparatus
20-13 from the requirement of [listed in] Subsection (a) if the director
20-14 determines that the apparatus does not jeopardize public health and
20-15 welfare or is not used in the illicit manufacture of a controlled
20-16 substance or a controlled substance analogue.
20-17 (d) [(e)] This section and Section 481.081 do not apply to a
20-18 person to whom a registration has been issued under Section
20-19 481.063.
20-20 (e) [(f)] Before selling, transferring, or otherwise
20-21 furnishing to a person in this state a chemical laboratory [an]
20-22 apparatus subject to Subsection (a), a manufacturer, wholesaler,
20-23 retailer, or other person shall:
20-24 (1) if the recipient does not represent a business,
20-25 obtain from the recipient:
20-26 (A) the recipient's driver's license number or
21-1 other personal identification certificate number, date of birth,
21-2 and residential or mailing address, other than a post office box
21-3 number, from a driver's license or personal identification
21-4 certificate [card] issued by the department [Department of Public
21-5 Safety] that contains a photograph of the recipient;
21-6 (B) the year, state, and number of the motor
21-7 vehicle license of the motor vehicle owned or operated by the
21-8 recipient;
21-9 (C) a complete description of how the apparatus
21-10 is to be used; and
21-11 (D) the recipient's signature; or
21-12 (2) if the recipient represents a business, obtain
21-13 from the recipient:
21-14 (A) a letter of authorization from the business
21-15 that includes the business license or comptroller tax
21-16 identification number, address, area code, and telephone number and
21-17 a complete description of how the apparatus is to be used; and
21-18 (B) the recipient's signature; and
21-19 (3) for any recipient, sign as a witness to the
21-20 signature and identification of the recipient.
21-21 (f) [(g)] If the recipient does not represent a business,
21-22 the recipient shall present to the manufacturer, wholesaler,
21-23 retailer, or other person a permit issued in the name of the
21-24 recipient by the department [Department of Public Safety] under
21-25 Section 481.081.
21-26 (g) [(h)] Except as provided by Subsection (i) [(j)], a
22-1 manufacturer, wholesaler, retailer, or other person who sells,
22-2 transfers, or otherwise furnishes to a person in this state a
22-3 chemical laboratory [an] apparatus subject to Subsection
22-4 (a) shall, at least 21 days before the delivery of the apparatus,
22-5 submit a report of the transaction on a form obtained from the
22-6 director that includes the information required by Subsection (e)
22-7 [(f)].
22-8 (h) [(i)] The director shall supply to a manufacturer,
22-9 wholesaler, retailer, or other person who sells, transfers, or
22-10 otherwise furnishes a chemical laboratory [an] apparatus subject to
22-11 Subsection (a) a form for the submission of:
22-12 (1) the report required by Subsection (g) [(h)];
22-13 (2) the name and number of apparatus delivered; and
22-14 (3) any other information required by the director.
22-15 (i) [(j)] The director may authorize a manufacturer,
22-16 wholesaler, retailer, or other person to submit a comprehensive
22-17 monthly report instead of the report required by Subsection (g)
22-18 [(h)] if the director determines that:
22-19 (1) there is a pattern of regular supply and purchase
22-20 of the apparatus between the furnisher and the recipient; or
22-21 (2) the recipient has established a record of use of
22-22 the apparatus solely for a lawful purpose.
22-23 (j) [(k)] A manufacturer, wholesaler, retailer, or other
22-24 person who receives from a source outside this state a chemical
22-25 laboratory [an] apparatus subject to Subsection (a) or who
22-26 discovers a loss or theft of such an apparatus [subject to
23-1 Subsection (a)] shall:
23-2 (1) submit a report of the transaction to the director
23-3 in accordance with department rule; and
23-4 (2) include in the report:
23-5 (A) any difference between the number of the
23-6 apparatus actually received and the number of the apparatus shipped
23-7 according to the shipping statement or invoice; or
23-8 (B) the number of the loss or theft.
23-9 (k) [(l)] A report under Subsection (j) [(k)] must:
23-10 (1) be made not later than the third day after the
23-11 date that the manufacturer, wholesaler, retailer, or other person
23-12 learns of the discrepancy, loss, or theft; and
23-13 (2) if the discrepancy, loss, or theft occurred during
23-14 a shipment of the apparatus, include the name of the common carrier
23-15 or person who transported the apparatus and the date that the
23-16 apparatus was shipped.
23-17 (l) [(m)] This subsection applies to a manufacturer,
23-18 wholesaler, retailer, or other person who sells, transfers, or
23-19 otherwise furnishes any chemical laboratory apparatus subject to
23-20 Subsection (a) and to a permit holder, commercial purchaser, or
23-21 other person who receives such an apparatus [governed by Subsection
23-22 (a)] unless the person is the holder of only a permit issued under
23-23 Section 481.081(b)(1). A person covered by this subsection:
23-24 (1) shall maintain records and inventories in
23-25 accordance with rules established by the director;
23-26 (2) shall allow a member of the department [Department
24-1 of Public Safety] or a peace officer to conduct audits and inspect
24-2 records of purchases and sales and all other records made in
24-3 accordance with this section at any reasonable time; and
24-4 (3) may not interfere with the audit or with the full
24-5 and complete inspection or copying of those records.
24-6 SECTION 15. Subsection (a), Section 481.081, Health and
24-7 Safety Code, is amended to read as follows:
24-8 (a) A person must obtain a chemical laboratory apparatus
24-9 transfer permit from the department [Department of Public Safety]
24-10 to be eligible:
24-11 (1) to sell, transfer, or otherwise furnish an
24-12 apparatus subject to Section 481.080(a) to a person in this state;
24-13 (2) to receive an apparatus subject to Section
24-14 481.080(a) from a source outside this state; or
24-15 (3) to receive an apparatus subject to Section
24-16 481.080(a) if the person, in receiving the apparatus, does not
24-17 represent a business.
24-18 SECTION 16. Section 481.102, Health and Safety Code, is
24-19 amended to read as follows:
24-20 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
24-21 (1) the following opiates, including their isomers,
24-22 esters, ethers, salts, and salts of isomers, esters, and ethers,
24-23 unless specifically excepted, if the existence of these isomers,
24-24 esters, ethers, and salts is possible within the specific chemical
24-25 designation:
24-26 Alfentanil;
25-1 Allylprodine;
25-2 Alphacetylmethadol;
25-3 Benzethidine;
25-4 Betaprodine;
25-5 Clonitazene;
25-6 Diampromide;
25-7 Diethylthiambutene;
25-8 Difenoxin not listed in Penalty Group 3 or 4;
25-9 Dimenoxadol;
25-10 Dimethylthiambutene;
25-11 Dioxaphetyl butyrate;
25-12 Dipipanone;
25-13 Ethylmethylthiambutene;
25-14 Etonitazene;
25-15 Etoxeridine;
25-16 Furethidine;
25-17 Hydroxypethidine;
25-18 Ketobemidone;
25-19 Levophenacylmorphan;
25-20 Meprodine;
25-21 Methadol;
25-22 Moramide;
25-23 Morpheridine;
25-24 Noracymethadol;
25-25 Norlevorphanol;
25-26 Normethadone;
26-1 Norpipanone;
26-2 Phenadoxone;
26-3 Phenampromide;
26-4 Phenomorphan;
26-5 Phenoperidine;
26-6 Piritramide;
26-7 Proheptazine;
26-8 Properidine;
26-9 Propiram;
26-10 Sufentanil;
26-11 Tilidine; and
26-12 Trimeperidine;
26-13 (2) the following opium derivatives, their salts,
26-14 isomers, and salts of isomers, unless specifically excepted, if the
26-15 existence of these salts, isomers, and salts of isomers is possible
26-16 within the specific chemical designation:
26-17 Acetorphine;
26-18 Acetyldihydrocodeine;
26-19 Benzylmorphine;
26-20 Codeine methylbromide;
26-21 Codeine-N-Oxide;
26-22 Cyprenorphine;
26-23 Desomorphine;
26-24 Dihydromorphine;
26-25 Drotebanol;
26-26 Etorphine, except hydrochloride salt;
27-1 Heroin;
27-2 Hydromorphinol;
27-3 Methyldesorphine;
27-4 Methyldihydromorphine;
27-5 Monoacetylmorphine;
27-6 Morphine methylbromide;
27-7 Morphine methylsulfonate;
27-8 Morphine-N-Oxide;
27-9 Myrophine;
27-10 Nicocodeine;
27-11 Nicomorphine;
27-12 Normorphine;
27-13 Pholcodine; and
27-14 Thebacon;
27-15 (3) the following substances, however produced, except
27-16 those narcotic drugs listed in another group:
27-17 (A) Opium and opiate not listed in Penalty Group
27-18 3 or 4, and a salt, compound, derivative, or preparation of opium
27-19 or opiate, other than thebaine derived butorphanol, nalmefene and
27-20 its salts, naloxone and its salts, and naltrexone and its salts,
27-21 but including:
27-22 Codeine not listed in Penalty Group 3 or 4;
27-23 Ethylmorphine not listed in Penalty Group 3 or 4;
27-24 Granulated opium;
27-25 Hydrocodone not listed in Penalty Group 3;
27-26 Hydromorphone;
28-1 Metopon;
28-2 Morphine not listed in Penalty Group 3;
28-3 Opium extracts;
28-4 Opium fluid extracts;
28-5 Oxycodone;
28-6 Oxymorphone;
28-7 Powdered opium;
28-8 Raw opium;
28-9 Thebaine; and
28-10 Tincture of opium;
28-11 (B) a salt, compound, isomer, derivative, or
28-12 preparation of a substance that is chemically equivalent or
28-13 identical to a substance described by Paragraph (A), other than the
28-14 isoquinoline alkaloids of opium;
28-15 (C) Opium poppy and poppy straw;
28-16 (D) Cocaine, including:
28-17 (i) its salts, its optical, position, and
28-18 geometric isomers, and the salts of those isomers;
28-19 (ii) coca leaves and a salt, compound,
28-20 derivative, or preparation of coca leaves;
28-21 (iii) a salt, compound, derivative, or
28-22 preparation of a salt, compound, or derivative that is chemically
28-23 equivalent or identical to a substance described by Subparagraph
28-24 (i) or (ii), other than decocainized coca leaves or extractions of
28-25 coca leaves that do not contain cocaine or ecgonine; and
28-26 (E) concentrate of poppy straw, meaning the
29-1 crude extract of poppy straw in liquid, solid, or powder form that
29-2 contains the phenanthrine alkaloids of the opium poppy;
29-3 (4) the following opiates, including their isomers,
29-4 esters, ethers, salts, and salts of isomers, if the existence of
29-5 these isomers, esters, ethers, and salts is possible within the
29-6 specific chemical designation:
29-7 Acetyl-alpha-methylfentanyl
29-8 (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide);
29-9 Alpha-methylthiofentanyl
29-10 (N-(1-methyl-2-(2-thienyl)ethyl-4-piperidinyl)-N-phenylpropanamide);
29-11 Alphaprodine;
29-12 Anileridine;
29-13 Beta-hydroxyfentanyl
29-14 (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenylpropanamide);
29-15 Beta-hydroxy-3-methylfentanyl;
29-16 Bezitramide;
29-17 Carfentanil;
29-18 Dihydrocodeine not listed in Penalty Group 3 or
29-19 4;
29-20 Diphenoxylate not listed in Penalty Group 3 or 4;
29-21 Fentanyl or alpha-methylfentanyl, or any other
29-22 derivative of Fentanyl;
29-23 Isomethadone;
29-24 Levomethorphan;
29-25 Levorphanol;
29-26 Metazocine;
30-1 Methadone;
30-2 Methadone-Intermediate,
30-3 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
30-4 3-methylfentanyl(N-(3-methyl-1-(2-phenylethyl)-
30-5 4-piperidyl)-N-phenylpropanamide);
30-6 3-methylthiofentanyl(N-(3-methyl-1-(2-thienyl)
30-7 ethyl-4-piperidinyl)-N-phenylpropanamide);
30-8 Moramide-Intermediate, 2-methyl-3-morpholino-1,
30-9 1-diphenyl-propane-carboxylic acid;
30-10 Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
30-11 (2-phenylethyl)-4-piperidinylpropanamide);
30-12 PEPAP
30-13 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
30-14 Pethidine (Meperidine);
30-15 Pethidine-Intermediate-A,
30-16 4-cyano-1-methyl-4-phenylpiperidine;
30-17 Pethidine-Intermediate-B,
30-18 ethyl-4-phenylpiperidine-4 carboxylate;
30-19 Pethidine-Intermediate-C,
30-20 1-methyl-4-phenylpiperidine-4-carboxylic acid;
30-21 Phenazocine;
30-22 Piminodine;
30-23 Racemethorphan;
30-24 Racemorphan;
30-25 Remifentanil; and
30-26 Thiofentanyl(N-phenyl-N-(1-(2-thienyl)ethyl-4-
31-1 piperidinyl)-propanamide);
31-2 (5) Flunitrazepam (some trade or other names:
31-3 Rohypnol);
31-4 (6) Methamphetamine, including its salts, optical
31-5 isomers, and salts of optical isomers;
31-6 (7) Phenylacetone and methylamine, if possessed
31-7 together with intent to manufacture methamphetamine;
31-8 (8) Phencyclidine, including its salts; and
31-9 (9) Gamma hydroxybutyric acid (some trade or other
31-10 names: gamma hydroxybutyrate, GHB), including its salts.
31-11 SECTION 17. Subsection (a), Section 481.103, Health and
31-12 Safety Code, is amended to read as follows:
31-13 (a) Penalty Group 2 consists of:
31-14 (1) any quantity of the following hallucinogenic
31-15 substances, their salts, isomers, and salts of isomers, unless
31-16 specifically excepted, if the existence of these salts, isomers,
31-17 and salts of isomers is possible within the specific chemical
31-18 designation:
31-19 alpha-ethyltryptamine;
31-20 4-bromo-2, 5-dimethoxyamphetamine (some trade or
31-21 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
31-22 4-bromo-2, 5-DMA);
31-23 4-bromo-2, 5-dimethoxyphenethylamine;
31-24 Bufotenine (some trade and other names:
31-25 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
31-26 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
32-1 5-hydroxy-N, N-dimethyltryptamine; mappine);
32-2 Diethyltryptamine (some trade and other names:
32-3 N, N-Diethyltryptamine, DET);
32-4 2, 5-dimethoxyamphetamine (some trade or other
32-5 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
32-6 2, 5-dimethoxy-4-ethylamphetamine (some trade or
32-7 other names: DOET);
32-8 Dimethyltryptamine (some trade and other names:
32-9 DMT);
32-10 Dronabinol (synthetic) in sesame oil and
32-11 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
32-12 Administration approved drug product (some trade or other names for
32-13 Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
32-14 6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
32-15 (-)-delta-9-(trans)-tetrahydrocannabinol);
32-16 Ethylamine Analog of Phencyclidine (some trade or
32-17 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
32-18 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
32-19 Ibogaine (some trade or other names: 7-Ethyl-6,
32-20 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
32-21 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
32-22 tabernanthe iboga.);
32-23 Ketamine;
32-24 Mescaline;
32-25 5-methoxy-3, 4-methylenedioxy amphetamine;
32-26 4-methoxyamphetamine (some trade or other names:
33-1 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
33-2 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
33-3 PPMP);
33-4 4-methyl-2, 5-dimethoxyamphetamine (some trade
33-5 and other names: 4-methyl-2,
33-6 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
33-7 3,4-methylenedioxy methamphetamine (MDMA, MDM);
33-8 3,4-methylenedioxy amphetamine;
33-9 3,4-methylenedioxy N-ethylamphetamine (Also known
33-10 as N-ethyl MDA);
33-11 Nabilone (Another name for nabilone:
33-12 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
33-13 hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
33-14 N-ethyl-3-piperidyl benzilate;
33-15 N-hydroxy-3,4-methylenedioxyamphetamine (Also
33-16 known as N-hydroxy MDA);
33-17 4-methylaminorex;
33-18 N-methyl-3-piperidyl benzilate;
33-19 Parahexyl (some trade or other names:
33-20 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
33-21 9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
33-22 1-Phenylcyclohexylamine;
33-23 1-Piperidinocyclohexanecarbonitrile (PCC);
33-24 Psilocin;
33-25 Psilocybin;
33-26 Pyrrolidine Analog of Phencyclidine (some trade
34-1 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
34-2 Tetrahydrocannabinols, other than marihuana, and
34-3 synthetic equivalents of the substances contained in the plant, or
34-4 in the resinous extractives of Cannabis, or synthetic substances,
34-5 derivatives, and their isomers with similar chemical structure and
34-6 pharmacological activity such as:
34-7 delta-1 cis or trans tetrahydrocannabinol,
34-8 and their optical isomers;
34-9 delta-6 cis or trans tetrahydrocannabinol,
34-10 and their optical isomers;
34-11 delta-3, 4 cis or trans
34-12 tetrahydrocannabinol, and its optical isomers;
34-13 compounds of these structures, regardless
34-14 of numerical designation of atomic positions, since nomenclature of
34-15 these substances is not internationally standardized;
34-16 Thiophene Analog of Phencyclidine (some trade or
34-17 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
34-18 Analog of Phencyclidine; TPCP, TCP);
34-19 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
34-20 trade or other names: TCPy); and
34-21 3,4,5-trimethoxy amphetamine;
34-22 (2) Phenylacetone (some trade or other names:
34-23 Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone);
34-24 and
34-25 (3) unless specifically excepted or unless listed in
34-26 another Penalty Group, a material, compound, mixture, or
35-1 preparation that contains any quantity of the following substances
35-2 having a potential for abuse associated with a depressant or
35-3 stimulant effect on the central nervous system:
35-4 Aminorex (some trade or other names:
35-5 aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
35-6 4,5-dihydro-5-phenyl-2-oxazolamine);
35-7 Amphetamine, its salts, optical isomers, and
35-8 salts of optical isomers;
35-9 Cathinone (some trade or other names:
35-10 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
35-11 2-aminopropiophenone);
35-12 Etorphine Hydrochloride;
35-13 Fenethylline and its salts;
35-14 Mecloqualone and its salts;
35-15 Methaqualone and its salts;
35-16 Methcathinone (some trade or other names:
35-17 2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
35-18 2-(methylamino)-1-phenylpropan-1-one;
35-19 alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
35-20 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
35-21 1431);
35-22 N-Ethylamphetamine, its salts, optical isomers,
35-23 and salts of optical isomers; and
35-24 N,N-dimethylamphetamine (some trade or other
35-25 names: N,N,alpha-trimethylbenzeneethaneamine;
35-26 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
36-1 salts of optical isomers.
36-2 SECTION 18. Subsection (a), Section 481.104, Health and
36-3 Safety Code, is amended to read as follows:
36-4 (a) Penalty Group 3 consists of:
36-5 (1) a material, compound, mixture, or preparation that
36-6 contains any quantity of the following substances having a
36-7 potential for abuse associated with a stimulant effect on the
36-8 central nervous system:
36-9 Methylphenidate and its salts; and
36-10 Phenmetrazine and its salts;
36-11 (2) a material, compound, mixture, or preparation that
36-12 contains any quantity of the following substances having a
36-13 potential for abuse associated with a depressant effect on the
36-14 central nervous system:
36-15 a substance that contains any quantity of a
36-16 derivative of barbituric acid, or any salt of a derivative of
36-17 barbituric acid not otherwise described [covered] by this
36-18 subsection;
36-19 a compound, mixture, or preparation containing
36-20 amobarbital, secobarbital, pentobarbital, or any salt of any of
36-21 these, and one or more active medicinal ingredients that are not
36-22 listed in any penalty group;
36-23 a suppository dosage form containing amobarbital,
36-24 secobarbital, pentobarbital, or any salt of any of these drugs, and
36-25 approved by the United States Food and Drug Administration for
36-26 marketing only as a suppository;
37-1 Alprazolam;
37-2 Amobarbital;
37-3 Bromazepam;
37-4 Camazepam;
37-5 Chlordiazepoxide;
37-6 Chlorhexadol;
37-7 Clobazam;
37-8 Clonazepam;
37-9 Clorazepate;
37-10 Clotiazepam;
37-11 Cloxazolam;
37-12 Delorazepam;
37-13 Diazepam;
37-14 Estazolam;
37-15 Ethyl loflazepate;
37-16 Fludiazepam;
37-17 Flurazepam;
37-18 Glutethimide;
37-19 Halazepam;
37-20 Haloxzolam;
37-21 Ketazolam;
37-22 Loprazolam;
37-23 Lorazepam;
37-24 Lormetazepam;
37-25 Lysergic acid, including its salts, isomers, and
37-26 salts of isomers;
38-1 Lysergic acid amide, including its salts,
38-2 isomers, and salts of isomers;
38-3 Mebutamate;
38-4 Medazepam;
38-5 Methyprylon;
38-6 Midazolam;
38-7 Nimetazepam;
38-8 Nitrazepam;
38-9 Nordiazepam;
38-10 Oxazepam;
38-11 Oxazolam;
38-12 Pentazocine, its salts, derivatives, or compounds
38-13 or mixtures thereof;
38-14 Pentobarbital;
38-15 Pinazepam;
38-16 Prazepam;
38-17 Quazepam;
38-18 Secobarbital;
38-19 Sulfondiethylmethane;
38-20 Sulfonethylmethane;
38-21 Sulfonmethane;
38-22 Temazepam;
38-23 Tetrazepam;
38-24 Tiletamine and zolazepam in combination, and its
38-25 salts. (some trade or other names for a tiletamine-zolazepam
38-26 combination product: Telazol, for tiletamine:
39-1 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
39-2 4-(2-fluorophenyl)-6,
39-3 8-dihydro-1,3,8,-trimethylpyrazolo-(3,4-e)(1,4)-d
39-4 diazepin-7(1H)-one, flupyrazapon);
39-5 Triazolam;
39-6 Zaleplon; and
39-7 Zolpidem;
39-8 (3) Nalorphine;
39-9 (4) a material, compound, mixture, or preparation
39-10 containing limited quantities of the following narcotic drugs, or
39-11 any of their salts:
39-12 not more than 1.8 grams of codeine, or any of its
39-13 salts, per 100 milliliters or not more than 90 milligrams per
39-14 dosage unit, with an equal or greater quantity of an isoquinoline
39-15 alkaloid of opium;
39-16 not more than 1.8 grams of codeine, or any of its
39-17 salts, per 100 milliliters or not more than 90 milligrams per
39-18 dosage unit, with one or more active, nonnarcotic ingredients in
39-19 recognized therapeutic amounts;
39-20 not more than 300 milligrams of dihydrocodeinone
39-21 (hydrocodone), or any of its salts, per 100 milliliters or not more
39-22 than 15 milligrams per dosage unit, with a fourfold or greater
39-23 quantity of an isoquinoline alkaloid of opium;
39-24 not more than 300 milligrams of dihydrocodeinone
39-25 (hydrocodone), or any of its salts, per 100 milliliters or not more
39-26 than 15 milligrams per dosage unit, with one or more active,
40-1 nonnarcotic ingredients in recognized therapeutic amounts;
40-2 not more than 1.8 grams of dihydrocodeine, or any
40-3 of its salts, per 100 milliliters or not more than 90 milligrams
40-4 per dosage unit, with one or more active, nonnarcotic ingredients
40-5 in recognized therapeutic amounts;
40-6 not more than 300 milligrams of ethylmorphine, or
40-7 any of its salts, per 100 milliliters or not more than 15
40-8 milligrams per dosage unit, with one or more active, nonnarcotic
40-9 ingredients in recognized therapeutic amounts;
40-10 not more than 500 milligrams of opium per 100
40-11 milliliters or per 100 grams, or not more than 25 milligrams per
40-12 dosage unit, with one or more active, nonnarcotic ingredients in
40-13 recognized therapeutic amounts;
40-14 not more than 50 milligrams of morphine, or any
40-15 of its salts, per 100 milliliters or per 100 grams with one or more
40-16 active, nonnarcotic ingredients in recognized therapeutic amounts;
40-17 and
40-18 not more than 1 milligram of difenoxin and not
40-19 less than 25 micrograms of atropine sulfate per dosage unit;
40-20 (5) a material, compound, mixture, or preparation that
40-21 contains any quantity of the following substances:
40-22 Barbital;
40-23 Chloral betaine;
40-24 Chloral hydrate;
40-25 Ethchlorvynol;
40-26 Ethinamate;
41-1 Meprobamate;
41-2 Methohexital;
41-3 Methylphenobarbital (Mephobarbital);
41-4 Paraldehyde;
41-5 Petrichloral; and
41-6 Phenobarbital;
41-7 (6) Peyote, unless unharvested and growing in its
41-8 natural state, meaning all parts of the plant classified
41-9 botanically as Lophophora, whether growing or not, the seeds of the
41-10 plant, an extract from a part of the plant, and every compound,
41-11 manufacture, salt, derivative, mixture, or preparation of the
41-12 plant, its seeds, or extracts;
41-13 (7) unless listed in another penalty group, a
41-14 material, compound, mixture, or preparation that contains any
41-15 quantity of the following substances having a stimulant effect on
41-16 the central nervous system, including the substance's salts,
41-17 optical, position, or geometric isomers, and salts of the
41-18 substance's isomers, if the existence of the salts, isomers, and
41-19 salts of isomers is possible within the specific chemical
41-20 designation:
41-21 Benzphetamine;
41-22 Cathine ((+)-norpseudoephedrine);
41-23 Chlorphentermine;
41-24 Clortermine;
41-25 Diethylpropion;
41-26 Fencamfamin;
42-1 Fenfluramine;
42-2 Fenproporex;
42-3 Mazindol;
42-4 Mefenorex;
42-5 Modafinil;
42-6 Pemoline (including organometallic complexes and
42-7 their chelates);
42-8 Phendimetrazine;
42-9 Phentermine;
42-10 Pipradrol;
42-11 Sibutramine; and
42-12 SPA ((-)-1-dimethylamino-1,2-diphenylethane);
42-13 (8) unless specifically excepted or unless listed in
42-14 another penalty group, a material, compound, mixture, or
42-15 preparation that contains any quantity of the following substance,
42-16 including its salts:
42-17 Dextropropoxyphene
42-18 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
42-19 and
42-20 (9) an anabolic steroid or any substance that is
42-21 chemically or pharmacologically related to testosterone, other than
42-22 an estrogen, progestin, or corticosteroid, and promotes muscle
42-23 growth, including:
42-24 Boldenone;
42-25 Chlorotestosterone (4-chlortestosterone);
42-26 Clostebol;
43-1 Dehydrochlormethyltestosterone;
43-2 Dihydrotestosterone (4-dihydrotestosterone);
43-3 Drostanolone;
43-4 Ethylestrenol;
43-5 Fluoxymesterone;
43-6 Formebulone;
43-7 Mesterolone;
43-8 Methandienone;
43-9 Methandranone;
43-10 Methandriol;
43-11 Methandrostenolone;
43-12 Methenolone;
43-13 Methyltestosterone;
43-14 Mibolerone;
43-15 Nandrolone;
43-16 Norethandrolone;
43-17 Oxandrolone;
43-18 Oxymesterone;
43-19 Oxymetholone;
43-20 Stanolone;
43-21 Stanozolol;
43-22 Testolactone;
43-23 Testosterone; and
43-24 Trenbolone.
43-25 SECTION 19. Section 481.105, Health and Safety Code, is
43-26 amended to read as follows:
44-1 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
44-2 (1) a compound, mixture, or preparation containing
44-3 limited quantities of any of the following narcotic drugs that
44-4 includes one or more nonnarcotic active medicinal ingredients in
44-5 sufficient proportion to confer on the compound, mixture, or
44-6 preparation valuable medicinal qualities other than those possessed
44-7 by the narcotic drug alone:
44-8 not more than 200 milligrams of codeine per 100
44-9 milliliters or per 100 grams;
44-10 not more than 100 milligrams of dihydrocodeine
44-11 per 100 milliliters or per 100 grams;
44-12 not more than 100 milligrams of ethylmorphine per
44-13 100 milliliters or per 100 grams;
44-14 not more than 2.5 milligrams of diphenoxylate and
44-15 not less than 25 micrograms of atropine sulfate per dosage unit;
44-16 not more than 15 milligrams of opium per 29.5729
44-17 milliliters or per 28.35 grams; and
44-18 not more than 0.5 milligram of difenoxin and not
44-19 less than 25 micrograms of atropine sulfate per dosage unit;
44-20 (2) unless specifically excepted or unless listed in
44-21 another penalty group, a material, compound, mixture, or
44-22 preparation containing any quantity of the narcotic drug
44-23 Buprenorphine or Butorphanol or a salt of either [its salts]; and
44-24 (3) unless specifically exempted or excluded or unless
44-25 listed in another penalty group, any material, compound, mixture,
44-26 or preparation that contains any quantity of pyrovalerone, a
45-1 substance having a stimulant effect on the central nervous system,
45-2 including its salts, isomers, and salts of isomers.
45-3 SECTION 20. Section 481.122, Health and Safety Code, is
45-4 amended to read as follows:
45-5 Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR
45-6 MARIHUANA TO CHILD [MINOR]. (a) A [Except as provided by this
45-7 chapter, a] person commits an offense if the person knowingly
45-8 delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
45-9 or 3 or knowingly delivers marihuana and the person delivers the
45-10 controlled substance or marihuana to a person:
45-11 (1) who is a child [17 years of age or younger];
45-12 (2) [who the actor knows or believes intends to
45-13 deliver the controlled substance or marihuana to a person 17 years
45-14 of age or younger;]
45-15 [(3)] who is enrolled in a public or private primary
45-16 [an elementary] or secondary school; or
45-17 (3) [(4)] who the actor knows or believes intends to
45-18 deliver the controlled substance or marihuana to a person described
45-19 by Subdivision (1) or (2) [who is enrolled in an elementary or
45-20 secondary school].
45-21 (b) It is an affirmative defense to prosecution under this
45-22 section that:
45-23 (1) the actor was a child [younger than 18 years of
45-24 age] when the offense was committed; or
45-25 (2) the actor:
45-26 (A) was younger than 21 years of age when the
46-1 offense was committed;
46-2 (B) [and] delivered only marihuana in an amount
46-3 equal to or less than one-fourth ounce; and
46-4 (C) [for which the actor] did not receive
46-5 remuneration for the delivery.
46-6 (c) An offense under this section is a felony of the second
46-7 degree.
46-8 (d) In this section, "child" means a person younger than 18
46-9 years of age.
46-10 (e) If conduct that is an offense under this section is also
46-11 an offense under another section of this chapter, the actor may be
46-12 prosecuted under either section or both.
46-13 SECTION 21. Subsection (a), Section 481.126, Health and
46-14 Safety Code, is amended to read as follows:
46-15 (a) A person commits an offense if the person [knowingly or
46-16 intentionally]:
46-17 (1) expends funds the person knows are derived from
46-18 the commission of an offense under this chapter punishable by
46-19 imprisonment in the institutional division of the Texas Department
46-20 of Criminal Justice for life [under Section 481.112(e) or (f),
46-21 481.113(e), 481.114(e), 481.115(f), 481.116(e), 481.117(e),
46-22 481.118(e), 481.120(b)(6), or 481.121(b)(6)]; or
46-23 (2) finances or invests funds the person knows or
46-24 believes are intended to further the commission of an offense for
46-25 which the punishment is described by [listed under] Subdivision
46-26 (1).
47-1 SECTION 22. Subsection (a), Section 481.128, Health and
47-2 Safety Code, is amended to read as follows:
47-3 (a) A registrant or dispenser commits an offense if the
47-4 registrant or dispenser knowingly:
47-5 (1) distributes, delivers, administers, or dispenses a
47-6 controlled substance in violation of Sections 481.070-481.075;
47-7 (2) manufactures a controlled substance not authorized
47-8 by the person's registration or distributes or dispenses a
47-9 controlled substance not authorized by the person's registration to
47-10 another registrant or other person;
47-11 (3) refuses or fails to make, keep, or furnish a
47-12 record, report, notification, order form, statement, invoice, or
47-13 information required by this chapter;
47-14 (4) prints, manufactures, possesses, or produces an [a
47-15 prescription sticker or] official prescription form without the
47-16 approval of the director;
47-17 (5) delivers or possesses a counterfeit [prescription
47-18 sticker or] official prescription form;
47-19 (6) refuses an entry into a premise for an inspection
47-20 authorized by this chapter;
47-21 (7) refuses or fails to return an official [a]
47-22 prescription form [sticker] as required by Section 481.075(k);
47-23 (8) refuses or fails to make, keep, or furnish a
47-24 record, report, notification, order form, statement, invoice, or
47-25 information required by a rule adopted by the director; or
47-26 (9) refuses or fails to maintain security required by
48-1 this chapter or a rule adopted under this chapter.
48-2 SECTION 23. Subsection (a), Section 481.129, Health and
48-3 Safety Code, is amended to read as follows:
48-4 (a) A person commits an offense if the person knowingly:
48-5 (1) distributes as a registrant or dispenser a
48-6 controlled substance listed in Schedule I or II, unless the person
48-7 distributes the controlled substance under an order form as
48-8 required by Section 481.069;
48-9 (2) uses in the course of manufacturing, prescribing,
48-10 or distributing a controlled substance a registration number that
48-11 is fictitious, revoked, suspended, or issued to another person;
48-12 (3) issues a prescription bearing a forged or
48-13 fictitious signature;
48-14 (4) uses a prescription [sticker] issued to another
48-15 person to prescribe a Schedule II controlled substance;
48-16 (5) [(4)] possesses, obtains, or attempts to possess
48-17 or obtain a controlled substance or an increased quantity of a
48-18 controlled substance:
48-19 (A) by misrepresentation, fraud, forgery,
48-20 deception, or subterfuge;
48-21 (B) through use of a fraudulent prescription
48-22 form; or
48-23 (C) through use of a fraudulent oral or
48-24 telephonically communicated prescription; or
48-25 (6) [(5)] furnishes false or fraudulent material
48-26 information in or omits material information from an application,
49-1 report, record, or other document required to be kept or filed
49-2 under this chapter.
49-3 SECTION 24. Subsection (a), Section 481.136, Health and
49-4 Safety Code, is amended to read as follows:
49-5 (a) A person commits an offense if the person sells,
49-6 transfers, furnishes, or receives a chemical precursor subject to
49-7 [substance listed in] Section 481.077(a) and the person:
49-8 (1) does not hold a chemical precursor transfer permit
49-9 as required by Section 481.078 at the time of the transaction;
49-10 (2) does not comply with Section 481.077;
49-11 (3) knowingly makes a false statement in a report or
49-12 record required by Section 481.077 or 481.078; or
49-13 (4) knowingly violates a rule adopted under Section
49-14 481.077 or 481.078.
49-15 SECTION 25. Subsection (a), Section 481.137, Health and
49-16 Safety Code, is amended to read as follows:
49-17 (a) A person commits an offense if the person sells,
49-18 transfers, or otherwise furnishes a chemical precursor subject to
49-19 [substance listed in] Section 481.077(a) with the knowledge or
49-20 intent that the recipient will use the chemical precursor
49-21 [substance] to unlawfully manufacture a controlled substance or
49-22 controlled substance analogue.
49-23 SECTION 26. Subsection (a), Section 481.138, Health and
49-24 Safety Code, is amended to read as follows:
49-25 (a) A person commits an offense if the person sells,
49-26 transfers, furnishes, or receives a chemical laboratory [an]
50-1 apparatus subject to [described by] Section 481.080(a) and the
50-2 person:
50-3 (1) does not have a chemical laboratory [an] apparatus
50-4 transfer permit as required by Section 481.081 at the time of the
50-5 transaction;
50-6 (2) does not comply with Section 481.080;
50-7 (3) knowingly makes a false statement in a report or
50-8 record required by Section 481.080 or 481.081; or
50-9 (4) knowingly violates a rule adopted under Section
50-10 481.080 or 481.081.
50-11 SECTION 27. Subsection (a), Section 481.139, Health and
50-12 Safety Code, is amended to read as follows:
50-13 (a) A person commits an offense if the person sells,
50-14 transfers, or otherwise furnishes a chemical laboratory [an]
50-15 apparatus [described by Section 481.080(a)] with the knowledge or
50-16 intent that the recipient will use the apparatus to unlawfully
50-17 manufacture a controlled substance or controlled substance
50-18 analogue.
50-19 SECTION 28. Section 481.151, Health and Safety Code, is
50-20 amended to read as follows:
50-21 Sec. 481.151. DEFINITIONS. In this subchapter:
50-22 (1) ["Department" means the Department of Public
50-23 Safety.]
50-24 [(2)] "Controlled substance property" means a
50-25 controlled substance, mixture containing a controlled substance,
50-26 controlled substance analogue, counterfeit controlled substance,
51-1 drug paraphernalia, chemical precursor, chemical laboratory
51-2 apparatus, or raw material.
51-3 (2) [(3)] "Controlled substance plant" means a species
51-4 of plant from which a controlled substance listed in Schedule I or
51-5 II may be derived.
51-6 SECTION 29. Section 481.160, Health and Safety Code, as
51-7 amended by Chapters 14, 141, and 285, Acts of the 72nd Legislature,
51-8 Regular Session, 1991, is reenacted and amended to read as follows:
51-9 Sec. 481.160. DESTRUCTION OF EXCESS QUANTITIES. (a) If a
51-10 controlled substance property or plant is forfeited under this code
51-11 or under Chapter 59, Code of Criminal Procedure, the law
51-12 enforcement agency that seized the property or plant or to which
51-13 the property or plant is forfeited may summarily destroy the
51-14 property or plant without a court order before the disposition of a
51-15 case arising out of the forfeiture if the agency ensures that:
51-16 (1) at least five random and representative samples
51-17 are taken from the total amount of the property or plant and a
51-18 sufficient quantity is preserved to provide for discovery by
51-19 parties entitled to discovery;
51-20 (2) photographs are taken that reasonably depict
51-21 [demonstrate] the total amount of the property or plant; and
51-22 (3) the gross weight or liquid measure of the property
51-23 or plant is determined, either by actually weighing or measuring
51-24 the property or plant or by estimating its weight or measurement
51-25 after making dimensional measurements of the total amount seized.
51-26 (b) If the property consists of a single container of
52-1 liquid, taking and preserving one representative sample complies
52-2 with Subsection (a)(1).
52-3 (c) A representative sample, photograph, or record made
52-4 under this section is admissible in civil or criminal proceedings
52-5 in the same manner and to the same extent as if the total quantity
52-6 of the suspected controlled substance property or plant was offered
52-7 in evidence, regardless of whether the remainder of the property or
52-8 plant has been destroyed. An inference or presumption of
52-9 spoliation does not apply to a property or plant destroyed under
52-10 this section.
52-11 (d) If [All controlled substance property,] hazardous waste,
52-12 residuals, contaminated glassware, associated equipment, or [and]
52-13 by-products from illicit chemical laboratories or similar
52-14 operations that create a health or environmental hazard [hazards]
52-15 or are not capable of being safely stored are forfeited, those
52-16 items [prohibit safe storage] may be disposed of under Subsection
52-17 (a) or may be seized and summarily forfeited and [immediately]
52-18 destroyed by a law enforcement agency without a court order before
52-19 the disposition of a case arising out of the forfeiture if current
52-20 environmental protection standards are followed.
52-21 (e) A law enforcement agency seizing and destroying or
52-22 disposing of materials described in Subsection (d) shall ensure
52-23 that photographs are taken that reasonably depict [demonstrate] the
52-24 total amount of the materials seized and the manner in which the
52-25 materials were physically arranged or positioned before seizure.
52-26 (f) A law enforcement agency may petition a court to
53-1 require, as a condition of community supervision under Article
53-2 42.12, Code of Criminal Procedure, a person to reimburse the agency
53-3 for the cost of the confiscation, analysis, storage, or disposal of
53-4 raw materials, controlled substances, chemical precursors, drug
53-5 paraphernalia, or other materials seized in connection with an
53-6 offense committed by the person under this chapter.
53-7 SECTION 30. Section 552.118, Government Code, is amended to
53-8 read as follows:
53-9 Sec. 552.118. EXCEPTION: OFFICIAL PRESCRIPTION FORM.
53-10 Information is excepted from the requirements of Section 552.021 if
53-11 it is:
53-12 (1) information on or derived from an official
53-13 prescription form filed with the director of the Department of
53-14 Public Safety under Section 481.075, Health and Safety Code; or
53-15 (2) other information collected under Section 481.075
53-16 of that code.
53-17 SECTION 31. (a) This Act takes effect September 1, 2001.
53-18 (b) The change in law made by this Act to Sections 481.063
53-19 and 481.066, Health and Safety Code, applies only to a disciplinary
53-20 action that is commenced on or after September 1, 2001. A
53-21 disciplinary action that is commenced before September 1, 2001, is
53-22 governed by the law in effect immediately before September 1, 2001,
53-23 and the former law is continued in effect for that purpose. For
53-24 purposes of this subsection, a disciplinary action is commenced if
53-25 it has been set for hearing.
53-26 (c) The change in law made by this Act to Section 481.064,
54-1 Health and Safety Code, applies only to any application for annual
54-2 registration under Chapter 481 of that code that is submitted to
54-3 the Department of Public Safety on or after September 1, 2001.
54-4 (d) The changes in law made by this Act to Sections 481.122,
54-5 481.126, 481.128, 481.129, and 481.139, Health and Safety Code,
54-6 apply only to an offense committed on or after September 1, 2001.
54-7 An offense committed before September 1, 2001, is covered by the
54-8 law in effect when the offense was committed, and the former law is
54-9 continued in effect for that purpose.
54-10 (e) The repeal by this Act of Section 481.132, Health and
54-11 Safety Code, applies only to the prosecution of an offense
54-12 committed on or after September 1, 2001. The prosecution of an
54-13 offense committed before September 1, 2001, is governed by the law
54-14 in effect when the offense was committed, and the former law is
54-15 continued in effect for that purpose.
54-16 (f) For purposes of Subsections (d) and (e) of this section,
54-17 an offense was committed before September 1, 2001, if any element
54-18 of the offense occurred before that date.