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.