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.  Section 481.074, Health and Safety Code, is
7-20     amended by amending Subsections (b), (c), and (f), and by adding
7-21     Subsections (o) and (p) to read as follows:
7-22           (b)  Except in an emergency as defined by rule of the
7-23     director or as provided by Subsection (o) or Section 481.075(j) or
7-24     (m), a person may not dispense or administer a controlled substance
7-25     listed in Schedule II without the written prescription of a
7-26     practitioner on an official prescription form that meets the
 8-1     requirements of and is completed by the practitioner in accordance
 8-2     with Section 481.075[, and if the controlled substance is to be
 8-3     dispensed, the practitioner must be registered under Section
 8-4     481.063].  In an emergency, a person may dispense or administer a
 8-5     controlled substance listed in Schedule II on the oral or
 8-6     telephonically communicated prescription of a practitioner.  The
 8-7     person who administers or dispenses the substance shall:
 8-8                 (1)  if the person is a prescribing practitioner or a
 8-9     pharmacist, promptly comply with Subsection (c); or
8-10                 (2)  if the person is not a prescribing practitioner or
8-11     a pharmacist, promptly write the oral or telephonically
8-12     communicated prescription and include in the written record of the
8-13     prescription the name, address, and Federal Drug Enforcement
8-14     Administration number of the prescribing practitioner, all
8-15     information required to be provided by a practitioner under Section
8-16     481.075(e)(1), and all information required to be provided by a
8-17     dispensing pharmacist under Section 481.075(e)(2).
8-18           (c)  Not later than the seventh day [72 hours] after the date
8-19     a prescribing practitioner authorizes [authorizing] an emergency
8-20     oral or telephonically communicated prescription, the prescribing
8-21     practitioner shall cause a written prescription, completed in the
8-22     manner required by Section 481.075, to be delivered in person or
8-23     mailed to the dispensing pharmacist at the pharmacy where the
8-24     prescription was dispensed.  The envelope of a prescription
8-25     delivered by mail must be postmarked not later than the seventh day
8-26     [72 hours] after the date the prescription was authorized.  On
 9-1     receipt of the prescription, the dispensing pharmacy shall file the
 9-2     transcription of the telephonically communicated prescription and
 9-3     the pharmacy copy and shall send information to the director as
 9-4     required by Section 481.075.  [The pharmacist or the pharmacy that
 9-5     employs the pharmacist shall send all information required by the
 9-6     director, including any information required to complete an
 9-7     official prescription form, to the director by electronic transfer,
 9-8     a universal claim form customarily used by pharmaceutical service
 9-9     providers, or other form approved by the director not later than
9-10     the 30th day after the date the prescription was dispensed.]
9-11           (f)  A prescription for a Schedule II controlled substance
9-12     written for a patient in a long-term care facility (LTCF) or for a
9-13     patient with a medical diagnosis documenting a terminal illness may
9-14     be filled in partial quantities to include individual dosage units.
9-15     If there is any question about whether a patient may be classified
9-16     as having a terminal illness, the pharmacist must contact the
9-17     practitioner before [prior to] partially filling the prescription.
9-18     Both the pharmacist and the practitioner have a corresponding
9-19     responsibility to assure that the controlled substance is for a
9-20     terminally ill patient.  The pharmacist must record the
9-21     prescription on an official prescription form and must indicate on
9-22     the form whether the patient is "terminally ill" or an "LTCF
9-23     patient."   A prescription that is partially filled and does not
9-24     contain the notation "terminally ill" or "LTCF patient" is
9-25     considered [shall be deemed] to have been filled in violation of
9-26     this chapter [Act].  For each partial filling, the dispensing
 10-1    pharmacist shall record on the back of the official prescription
 10-2    form the date of the partial filling, the quantity dispensed, the
 10-3    remaining quantity authorized to be dispensed, and the
 10-4    identification of the dispensing pharmacist.  Before [Prior to] any
 10-5    subsequent partial filling, the pharmacist must [is to] determine
 10-6    that the additional partial filling is necessary.  The total
 10-7    quantity of Schedule II controlled substances dispensed in all
 10-8    partial fillings may [must] not exceed the total quantity
 10-9    prescribed.  Schedule II prescriptions for patients in a long-term
10-10    care facility or patients with a medical diagnosis documenting a
10-11    terminal illness are [shall be] valid for a period not to exceed 60
10-12    [30] days following [from] the issue date unless sooner terminated
10-13    by discontinuance of the medication.
10-14          (o)  A pharmacist may dispense a Schedule II controlled
10-15    substance pursuant to a facsimile copy of an official prescription
10-16    completed in the manner required by Section 481.075 and transmitted
10-17    by the practitioner or the practitioner's agent to the pharmacy if:
10-18                (1)  the prescription is written for:
10-19                      (A)  a Schedule II narcotic or nonnarcotic
10-20    substance for a patient in a long-term care facility (LTCF), and
10-21    the practitioner notes on the prescription "LTCF patient";
10-22                      (B)  a Schedule II narcotic product to be
10-23    compounded for the direct administration to a patient by
10-24    parenteral, intravenous, intramuscular, subcutaneous, or
10-25    intraspinal infusion; or
10-26                      (C)  a Schedule II narcotic substance for a
 11-1    patient with a medical diagnosis documenting a terminal illness or
 11-2    a patient enrolled in a hospice care program certified or paid for
 11-3    by Medicare under Title XVIII, Social Security Act (42 U.S.C.
 11-4    Section 1395 et seq.), as amended, or a hospice program that is
 11-5    licensed under Chapter 142, and the practitioner or the
 11-6    practitioner's agent notes on the prescription "terminally ill" or
 11-7    "hospice patient"; and
 11-8                (2)  the prescribing practitioner promptly complies
 11-9    with Subsection (p).
11-10          (p)  Not later than the seventh day after the date a
11-11    prescribing practitioner transmits the facsimile copy of the
11-12    official prescription to the pharmacy, the prescribing practitioner
11-13    shall deliver in person or mail the official written prescription
11-14    to the dispensing pharmacist at the pharmacy where the prescription
11-15    was dispensed.  The envelope of a prescription delivered by mail
11-16    must be postmarked not later than the seventh day after the date
11-17    the official prescription was written.  On receipt of the
11-18    prescription, the dispensing pharmacy shall file the facsimile copy
11-19    of the prescription with the official prescription and shall send
11-20    information to the director as required by Section 481.075.
11-21          SECTION 11.  Subsections (e), (g), and (i), Section 481.075,
11-22    Health and Safety Code, are amended to read as follows:
11-23          (e)  Each official prescription form used to prescribe a
11-24    Schedule II controlled substance must contain:
11-25                (1)  information provided by the prescribing
11-26    practitioner, including:
 12-1                      (A)  the date the prescription is written;
 12-2                      (B)  the controlled substance prescribed;
 12-3                      (C)  the quantity of controlled substance
 12-4    prescribed, shown numerically followed by the number written as a
 12-5    word;
 12-6                      (D)  the intended use of the controlled substance
 12-7    or the diagnosis for which it is prescribed and the instructions
 12-8    for use of the substance;
 12-9                      (E)  the practitioner's name, address, department
12-10    registration number, and Federal Drug Enforcement Administration
12-11    number; and
12-12                      (F)  the name, address, and date of birth or age
12-13    of the person for whom the controlled substance is prescribed;
12-14                (2)  information provided by the dispensing pharmacist,
12-15    including the date the prescription is filled; and
12-16                (3)  the signatures of the prescribing practitioner and
12-17    the dispensing pharmacist.
12-18          (g)  Except for an oral prescription [prescriptions]
12-19    prescribed under Section 481.074(b), the prescribing practitioner
12-20    shall:
12-21                (1)  legibly fill in, or direct a designated agent to
12-22    legibly fill in, on the official prescription form, each item of
12-23    information required to be provided by the prescribing practitioner
12-24    under Subsection (e)(1), unless the practitioner [practioner]
12-25    determines that:
12-26                      (A)  under rule adopted by the director for this
 13-1    purpose, it is unnecessary for the practitioner or the
 13-2    practitioner's agent to provide the patient identification number;
 13-3    or
 13-4                      (B)  it is not in the best interest of the
 13-5    patient for the practitioner or practitioner's agent to provide
 13-6    information regarding the intended use of the controlled substance
 13-7    or the diagnosis for which it is prescribed; and
 13-8                (2)  sign the official prescription form and give the
 13-9    form to the person authorized to receive the prescription.
13-10          (i)  Each dispensing pharmacist shall:
13-11                (1)  fill in on the official prescription form each
13-12    item of information given orally to the dispensing pharmacy under
13-13    Subsection (h), the date the prescription is filled, and the
13-14    dispensing pharmacist's signature;
13-15                (2)  retain with the records of the pharmacy for at
13-16    least two years:
13-17                      (A)  the official prescription form; and
13-18                      (B)  the name or other patient identification
13-19    required by Section 481.074(m) or (n); and
13-20                (3)  send all information required by the director,
13-21    including any information required to complete an official
13-22    prescription form, to the director by electronic transfer or
13-23    another form approved by the director[, including a universal claim
13-24    form customarily used by pharmaceutical services providers,] not
13-25    later than the 15th [30th] day after the last day of the month in
13-26    which [date] the prescription is completely filled [or not later
 14-1    than the 30th day after the completion of a prescription dispensed
 14-2    under Section 481.074(f)].
 14-3          SECTION 12.  Section 481.077, Health and Safety Code, is
 14-4    amended to read as follows:
 14-5          Sec. 481.077.  CHEMICAL PRECURSOR RECORDS AND REPORTS.
 14-6    (a)  Except as provided by Subsection (l), a person who sells,
 14-7    transfers, or otherwise furnishes a chemical precursor [any of the
 14-8    following precursor substances] to another [a] person shall make an
 14-9    accurate and legible record of the transaction and maintain the
14-10    record for at least two years after the date of the transaction[:]
14-11                [(1)  Methylamine;]
14-12                [(2)  Ethylamine;]
14-13                [(3)  D-lysergic acid;]
14-14                [(4)  Ergotamine tartrate;]
14-15                [(5)  Diethyl malonate;]
14-16                [(6)  Malonic acid;]
14-17                [(7)  Ethyl malonate;]
14-18                [(8)  Barbituric acid;]
14-19                [(9)  Piperidine;]
14-20                [(10)  N-acetylanthranilic acid;]
14-21                [(11)  Pyrrolidine;]
14-22                [(12)  Phenylacetic acid;]
14-23                [(13)  Anthranilic acid;]
14-24                [(14)  Ephedrine;]
14-25                [(15)  Pseudoephedrine;]
14-26                [(16)  Norpseudoephedrine; or]
 15-1                [(17)  Phenylpropanolamine].
 15-2          (b)  The director by rule may:
 15-3                (1)  name an additional chemical substance as a
 15-4    chemical precursor for purposes of Subsection (a) if the director
 15-5    determines that public health and welfare are jeopardized by
 15-6    evidenced proliferation or use of the chemical substance in the
 15-7    illicit manufacture of a controlled substance or controlled
 15-8    substance analogue; or
 15-9                (2)  exempt a chemical precursor from the requirements
15-10    of [delete a substance listed in] Subsection (a) if the director
15-11    determines that the chemical precursor [substance] does not
15-12    jeopardize public health and welfare or is not used in the illicit
15-13    manufacture of a controlled substance or a controlled substance
15-14    analogue.
15-15          (c)  This section and Section 481.078 do not apply to a
15-16    person to whom a registration has been issued under Section
15-17    481.063.
15-18          (d)  Before selling, transferring, or otherwise furnishing to
15-19    a person in this state a chemical precursor [substance] subject to
15-20    Subsection (a), a manufacturer, wholesaler, retailer, or other
15-21    person shall:
15-22                (1)  if the recipient does not represent a business,
15-23    obtain from the recipient:
15-24                      (A)  the recipient's driver's license number or
15-25    other personal identification certificate number, date of birth,
15-26    and residential or mailing address, other than a post office box
 16-1    number, from a driver's license or personal identification
 16-2    certificate [card] issued by the department [Department of Public
 16-3    Safety] that contains a photograph of the recipient;
 16-4                      (B)  the year, state, and number of the motor
 16-5    vehicle license of the motor vehicle owned or operated by the
 16-6    recipient;
 16-7                      (C)  a complete description of how the chemical
 16-8    precursor [substance] is to be used; and
 16-9                      (D)  the recipient's signature; or
16-10                (2)  if the recipient represents a business, obtain
16-11    from the recipient:
16-12                      (A)  a letter of authorization from the business
16-13    that includes the business license or comptroller tax
16-14    identification number, address, area code, and telephone number and
16-15    a complete description of how the chemical precursor [substance] is
16-16    to be used; and
16-17                      (B)  the recipient's signature; and
16-18                (3)  for any recipient, sign as a witness to the
16-19    signature and identification of the recipient.
16-20          (e)  If the recipient does not represent a business, the
16-21    recipient shall present to the manufacturer, wholesaler, retailer,
16-22    or other person a permit issued in the name of the recipient by the
16-23    department [Department of Public Safety] under Section 481.078.
16-24          (f)  Except as provided by Subsection (h), a manufacturer,
16-25    wholesaler, retailer, or other person who sells, transfers, or
16-26    otherwise furnishes to a person in this state a chemical precursor
 17-1    [substance] subject to Subsection (a) shall submit, at least 21
 17-2    days before the delivery of the chemical precursor [substance], a
 17-3    report of the transaction on a form obtained from the director that
 17-4    includes the information required by Subsection (d).
 17-5          (g)  The director shall supply to a manufacturer, wholesaler,
 17-6    retailer, or other person who sells, transfers, or otherwise
 17-7    furnishes a chemical precursor [substance] subject to Subsection
 17-8    (a) a form for the submission of:
 17-9                (1)  the report required by Subsection (f);
17-10                (2)  the name and measured amount of the chemical
17-11    precursor [substance] delivered; and
17-12                (3)  any other information required by the director.
17-13          (h)  The director may authorize a manufacturer, wholesaler,
17-14    retailer, or other person to submit a comprehensive monthly report
17-15    instead of the report required by Subsection (f) if the director
17-16    determines that:
17-17                (1)  there is a pattern of regular supply and purchase
17-18    of the chemical precursor [substance] between the furnisher and the
17-19    recipient; or
17-20                (2)  the recipient has established a record of use of
17-21    the chemical precursor [substance] solely for a lawful purpose.
17-22          (i)  A manufacturer, wholesaler, retailer, or other person
17-23    who receives from a source outside this state a chemical precursor
17-24    [substance] subject to Subsection (a) or who discovers a loss or
17-25    theft of a chemical precursor [substance] subject to Subsection (a)
17-26    shall:
 18-1                (1)  submit a report of the transaction to the director
 18-2    in accordance with department rule; and
 18-3                (2)  include in the report:
 18-4                      (A)  any difference between the amount of the
 18-5    chemical precursor [substance] actually received and the amount of
 18-6    the chemical precursor [substance] shipped according to the
 18-7    shipping statement or invoice; or
 18-8                      (B)  the amount of the loss or theft.
 18-9          (j)  A report under Subsection (i) must:
18-10                (1)  be made not later than the third day after the
18-11    date that the manufacturer, wholesaler, retailer, or other person
18-12    learns of the discrepancy, loss, or theft; and
18-13                (2)  if the discrepancy, loss, or theft occurred during
18-14    a shipment of the chemical precursor [substance], include the name
18-15    of the common carrier or person who transported the chemical
18-16    precursor [substance] and the date that the chemical precursor
18-17    [substance] was shipped.
18-18          (k)  Unless the person is the holder of only a permit issued
18-19    under Section 481.078(b)(1), a manufacturer, wholesaler, retailer,
18-20    or other person who sells, transfers, or otherwise furnishes any
18-21    chemical precursor [substance] subject to Subsection (a) or a
18-22    permit holder, commercial purchaser, or other person who receives a
18-23    chemical precursor subject to [substance governed by] Subsection
18-24    (a):
18-25                (1)  shall maintain records and inventories in
18-26    accordance with rules established by the director;
 19-1                (2)  shall allow a member of the department [Department
 19-2    of Public Safety] or a peace officer to conduct audits and inspect
 19-3    records of purchases and sales and all other records made in
 19-4    accordance with this section at any reasonable time; and
 19-5                (3)  may not interfere with the audit or with the full
 19-6    and complete inspection or copying of those records.
 19-7          (l)  This section does not apply to the sale or transfer of a
 19-8    nonnarcotic product that includes a chemical precursor [substance]
 19-9    subject to Subsection (a) if the sale or transfer complies with
19-10    federal law and involves a product that may be sold lawfully with a
19-11    prescription or over the counter without a prescription under the
19-12    Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
19-13    seq.) or a rule adopted under that Act.
19-14          SECTION 13.  Subsections (a) and (b), Section 481.078, Health
19-15    and Safety Code, are amended to read as follows:
19-16          (a)  A person must obtain a chemical precursor transfer
19-17    permit from the department [Department of Public Safety] to be
19-18    eligible:
19-19                (1)  to sell, transfer, or otherwise furnish a chemical
19-20    precursor [substance] subject to Section 481.077(a) to a person in
19-21    this state;
19-22                (2)  to receive a chemical precursor [substance]
19-23    subject to Section 481.077(a) from a source outside this state; or
19-24                (3)  to receive a chemical precursor [substance]
19-25    subject to Section 481.077(a) if the person, in receiving the
19-26    chemical precursor [substance], does not represent a business.
 20-1          (b)  The director by rule shall adopt procedures and
 20-2    standards for the issuance and renewal or the voluntary surrender,
 20-3    cancellation, suspension, probation, or revocation of:
 20-4                (1)  a permit for one sale, transfer, receipt, or
 20-5    otherwise furnishing of a chemical [controlled substance]
 20-6    precursor; or
 20-7                (2)  a permit for more than one sale, transfer,
 20-8    receipt, or otherwise furnishing of a chemical [controlled
 20-9    substance] precursor.
20-10          SECTION 14.  Section 481.080, Health and Safety Code, is
20-11    amended to read as follows:
20-12          Sec. 481.080.  CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
20-13    REQUIREMENTS AND PENALTIES.  (a)  [In this section, "chemical
20-14    laboratory apparatus" means any item of equipment designed, made,
20-15    or adapted to manufacture a controlled substance or a controlled
20-16    substance analogue, including:]
20-17                [(1)  a condenser;]
20-18                [(2)  a distilling apparatus;]
20-19                [(3)  a vacuum drier;]
20-20                [(4)  a three-neck or distilling flask;]
20-21                [(5)  a tableting machine;]
20-22                [(6)  an encapsulating machine;]
20-23                [(7)  a filter, Buchner, or separatory funnel;]
20-24                [(8)  an Erlenmeyer, two-neck, or single-neck flask;]
20-25                [(9)  a round-bottom, Florence, thermometer, or
20-26    filtering flask;]
 21-1                [(10)  a Soxhlet extractor;]
 21-2                [(11)  a transformer;]
 21-3                [(12)  a flask heater;]
 21-4                [(13)  a heating mantel; or]
 21-5                [(14)  an adaptor tube.]
 21-6          [(b)]  A manufacturer, wholesaler, retailer, or other person
 21-7    who sells, transfers, or otherwise furnishes a chemical laboratory
 21-8    apparatus shall make an accurate and legible record of the
 21-9    transaction and maintain the record for at least two years after
21-10    the date of the transaction.
21-11          (b) [(c)]  The director may adopt rules to implement this
21-12    section.
21-13          (c) [(d)]  The director by rule may:
21-14                (1)  name an additional item of equipment as a chemical
21-15    laboratory apparatus for purposes of Subsection (a) if the director
21-16    determines that public health and welfare are jeopardized by
21-17    evidenced proliferation or use of the item of equipment [a chemical
21-18    laboratory apparatus] in the illicit manufacture of a controlled
21-19    substance or controlled substance analogue; or
21-20                (2)  exempt a chemical laboratory [delete an] apparatus
21-21    from the requirement of [listed in] Subsection (a) if the director
21-22    determines that the apparatus does not jeopardize public health and
21-23    welfare or is not used in the illicit manufacture of a controlled
21-24    substance or a controlled substance analogue.
21-25          (d) [(e)]  This section and Section 481.081 do not apply to a
21-26    person to whom a registration has been issued under Section
 22-1    481.063.
 22-2          (e) [(f)]  Before selling, transferring, or otherwise
 22-3    furnishing to a person in this state a chemical laboratory [an]
 22-4    apparatus subject to Subsection (a), a manufacturer, wholesaler,
 22-5    retailer, or other person shall:
 22-6                (1)  if the recipient does not represent a business,
 22-7    obtain from the recipient:
 22-8                      (A)  the recipient's driver's license number or
 22-9    other personal identification certificate number, date of birth,
22-10    and residential or mailing address, other than a post office box
22-11    number, from a driver's license or personal identification
22-12    certificate [card] issued by the department [Department of Public
22-13    Safety] that contains a photograph of the recipient;
22-14                      (B)  the year, state, and number of the motor
22-15    vehicle license of the motor vehicle owned or operated by the
22-16    recipient;
22-17                      (C)  a complete description of how the apparatus
22-18    is to be used; and
22-19                      (D)  the recipient's signature; or
22-20                (2)  if the recipient represents a business, obtain
22-21    from the recipient:
22-22                      (A)  a letter of authorization from the business
22-23    that includes the business license or comptroller tax
22-24    identification number, address, area code, and telephone number and
22-25    a complete description of how the apparatus is to be used; and
22-26                      (B)  the recipient's signature; and
 23-1                (3)  for any recipient, sign as a witness to the
 23-2    signature and identification of the recipient.
 23-3          (f) [(g)]  If the recipient does not represent a business,
 23-4    the recipient shall present to the manufacturer, wholesaler,
 23-5    retailer, or other person a permit issued in the name of the
 23-6    recipient by the department [Department of Public Safety] under
 23-7    Section 481.081.
 23-8          (g) [(h)]  Except as provided by Subsection (i) [(j)], a
 23-9    manufacturer, wholesaler, retailer, or other person who sells,
23-10    transfers, or otherwise furnishes to a person in this state a
23-11    chemical laboratory [an] apparatus subject to Subsection
23-12    (a)  shall, at least 21 days before the delivery of the apparatus,
23-13    submit a report of the transaction on a form obtained from the
23-14    director that includes the information required by Subsection (e)
23-15    [(f)].
23-16          (h) [(i)]  The director shall supply to a manufacturer,
23-17    wholesaler, retailer, or other person who sells, transfers, or
23-18    otherwise furnishes a chemical laboratory [an] apparatus subject to
23-19    Subsection (a) a form for the submission of:
23-20                (1)  the report required by Subsection (g) [(h)];
23-21                (2)  the name and number of apparatus delivered; and
23-22                (3)  any other information required by the director.
23-23          (i) [(j)]  The director may authorize a manufacturer,
23-24    wholesaler, retailer, or other person to submit a comprehensive
23-25    monthly report instead of the report required by Subsection (g)
23-26    [(h)] if the director determines that:
 24-1                (1)  there is a pattern of regular supply and purchase
 24-2    of the apparatus between the furnisher and the recipient; or
 24-3                (2)  the recipient has established a record of use of
 24-4    the apparatus solely for a lawful purpose.
 24-5          (j) [(k)]  A manufacturer, wholesaler, retailer, or other
 24-6    person who receives from a source outside this state a chemical
 24-7    laboratory [an] apparatus subject to Subsection (a) or who
 24-8    discovers a loss or theft of such an apparatus [subject to
 24-9    Subsection (a)] shall:
24-10                (1)  submit a report of the transaction to the director
24-11    in accordance with department rule; and
24-12                (2)  include in the report:
24-13                      (A)  any difference between the number of the
24-14    apparatus actually received and the number of the apparatus shipped
24-15    according to the shipping statement or invoice; or
24-16                      (B)  the number of the loss or theft.
24-17          (k) [(l)]  A report under Subsection (j) [(k)] must:
24-18                (1)  be made not later than the third day after the
24-19    date that the manufacturer, wholesaler, retailer, or other person
24-20    learns of the discrepancy, loss, or theft; and
24-21                (2)  if the discrepancy, loss, or theft occurred during
24-22    a shipment of the apparatus, include the name of the common carrier
24-23    or person who transported the apparatus and the date that the
24-24    apparatus was shipped.
24-25          (l) [(m)]  This subsection applies to a manufacturer,
24-26    wholesaler, retailer, or other person who sells, transfers, or
 25-1    otherwise furnishes any chemical laboratory apparatus subject to
 25-2    Subsection (a) and to a permit holder, commercial purchaser, or
 25-3    other person who receives such an apparatus [governed by Subsection
 25-4    (a)] unless the person is the holder of only a permit issued under
 25-5    Section 481.081(b)(1).  A person covered by this subsection:
 25-6                (1)  shall maintain records and inventories in
 25-7    accordance with rules established by the director;
 25-8                (2)  shall allow a member of the department [Department
 25-9    of Public Safety] or a peace officer to conduct audits and inspect
25-10    records of purchases and sales and all other records made in
25-11    accordance with this section at any reasonable time; and
25-12                (3)  may not interfere with the audit or with the full
25-13    and complete inspection or copying of those records.
25-14          SECTION 15.  Subsection (a), Section 481.081, Health and
25-15    Safety Code, is amended to read as follows:
25-16          (a)  A person must obtain a chemical laboratory apparatus
25-17    transfer permit from the department [Department of Public Safety]
25-18    to be eligible:
25-19                (1)  to sell, transfer, or otherwise furnish an
25-20    apparatus subject to Section 481.080(a) to a person in this state;
25-21                (2)  to receive an apparatus subject to Section
25-22    481.080(a) from a source outside this state; or
25-23                (3)  to receive an apparatus subject to Section
25-24    481.080(a) if the person, in receiving the apparatus, does not
25-25    represent a business.
25-26          SECTION 16.  Section 481.102, Health and Safety Code, is
 26-1    amended to read as follows:
 26-2          Sec. 481.102.  PENALTY GROUP 1.  Penalty Group 1 consists of:
 26-3                (1)  the following opiates, including their isomers,
 26-4    esters, ethers, salts, and salts of isomers, esters, and ethers,
 26-5    unless specifically excepted, if the existence of these isomers,
 26-6    esters, ethers, and salts is possible within the specific chemical
 26-7    designation:
 26-8                      Alfentanil;
 26-9                      Allylprodine;
26-10                      Alphacetylmethadol;
26-11                      Benzethidine;
26-12                      Betaprodine;
26-13                      Clonitazene;
26-14                      Diampromide;
26-15                      Diethylthiambutene;
26-16                      Difenoxin not listed in Penalty Group 3 or 4;
26-17                      Dimenoxadol;
26-18                      Dimethylthiambutene;
26-19                      Dioxaphetyl butyrate;
26-20                      Dipipanone;
26-21                      Ethylmethylthiambutene;
26-22                      Etonitazene;
26-23                      Etoxeridine;
26-24                      Furethidine;
26-25                      Hydroxypethidine;
26-26                      Ketobemidone;
 27-1                      Levophenacylmorphan;
 27-2                      Meprodine;
 27-3                      Methadol;
 27-4                      Moramide;
 27-5                      Morpheridine;
 27-6                      Noracymethadol;
 27-7                      Norlevorphanol;
 27-8                      Normethadone;
 27-9                      Norpipanone;
27-10                      Phenadoxone;
27-11                      Phenampromide;
27-12                      Phenomorphan;
27-13                      Phenoperidine;
27-14                      Piritramide;
27-15                      Proheptazine;
27-16                      Properidine;
27-17                      Propiram;
27-18                      Sufentanil;
27-19                      Tilidine; and
27-20                      Trimeperidine;
27-21                (2)  the following opium derivatives, their salts,
27-22    isomers, and salts of isomers, unless specifically excepted, if the
27-23    existence of these salts, isomers, and salts of isomers is possible
27-24    within the specific chemical designation:
27-25                      Acetorphine;
27-26                      Acetyldihydrocodeine;
 28-1                      Benzylmorphine;
 28-2                      Codeine methylbromide;
 28-3                      Codeine-N-Oxide;
 28-4                      Cyprenorphine;
 28-5                      Desomorphine;
 28-6                      Dihydromorphine;
 28-7                      Drotebanol;
 28-8                      Etorphine, except hydrochloride salt;
 28-9                      Heroin;
28-10                      Hydromorphinol;
28-11                      Methyldesorphine;
28-12                      Methyldihydromorphine;
28-13                      Monoacetylmorphine;
28-14                      Morphine methylbromide;
28-15                      Morphine methylsulfonate;
28-16                      Morphine-N-Oxide;
28-17                      Myrophine;
28-18                      Nicocodeine;
28-19                      Nicomorphine;
28-20                      Normorphine;
28-21                      Pholcodine; and
28-22                      Thebacon;
28-23                (3)  the following substances, however produced, except
28-24    those narcotic drugs listed in another group:
28-25                      (A)  Opium and opiate not listed in Penalty Group
28-26    3 or 4, and a salt, compound, derivative, or preparation of opium
 29-1    or opiate, other than thebaine derived butorphanol, nalmefene and
 29-2    its salts, naloxone and its salts, and naltrexone and its salts,
 29-3    but including:
 29-4                      Codeine not listed in Penalty Group 3 or 4;
 29-5                      Ethylmorphine not listed in Penalty Group 3 or 4;
 29-6                      Granulated opium;
 29-7                      Hydrocodone not listed in Penalty Group 3;
 29-8                      Hydromorphone;
 29-9                      Metopon;
29-10                      Morphine not listed in Penalty Group 3;
29-11                      Opium extracts;
29-12                      Opium fluid extracts;
29-13                      Oxycodone;
29-14                      Oxymorphone;
29-15                      Powdered opium;
29-16                      Raw opium;
29-17                      Thebaine; and
29-18                      Tincture of opium;
29-19                      (B)  a salt, compound, isomer, derivative, or
29-20    preparation of a substance that is chemically equivalent or
29-21    identical to a substance described by Paragraph (A), other than the
29-22    isoquinoline alkaloids of opium;
29-23                      (C)  Opium poppy and poppy straw;
29-24                      (D)  Cocaine, including:
29-25                            (i)  its salts, its optical, position, and
29-26    geometric isomers, and the salts of those isomers;
 30-1                            (ii)  coca leaves and a salt, compound,
 30-2    derivative, or preparation of coca leaves;
 30-3                            (iii)  a salt, compound, derivative, or
 30-4    preparation of a salt, compound, or derivative that is chemically
 30-5    equivalent or identical to a substance described by Subparagraph
 30-6    (i) or (ii), other than decocainized coca leaves or extractions of
 30-7    coca leaves that do not contain cocaine or ecgonine; and
 30-8                      (E)  concentrate of poppy straw, meaning the
 30-9    crude extract of poppy straw in liquid, solid, or powder form that
30-10    contains the phenanthrine alkaloids of the opium poppy;
30-11                (4)  the following opiates, including their isomers,
30-12    esters, ethers, salts, and salts of isomers, if the existence of
30-13    these isomers, esters, ethers, and salts is possible within the
30-14    specific chemical designation:
30-15                      Acetyl-alpha-methylfentanyl
30-16    (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide);
30-17                      Alpha-methylthiofentanyl
30-18    (N-(1-methyl-2-(2-thienyl)ethyl-4-piperidinyl)-N-phenylpropanamide);
30-19                      Alphaprodine;
30-20                      Anileridine;
30-21                      Beta-hydroxyfentanyl
30-22    (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenylpropanamide);
30-23                      Beta-hydroxy-3-methylfentanyl;
30-24                      Bezitramide;
30-25                      Carfentanil;
30-26                      Dihydrocodeine not listed in Penalty Group 3 or
 31-1    4;
 31-2                      Diphenoxylate not listed in Penalty Group 3 or 4;
 31-3                      Fentanyl or alpha-methylfentanyl, or any other
 31-4    derivative of Fentanyl;
 31-5                      Isomethadone;
 31-6                      Levomethorphan;
 31-7                      Levorphanol;
 31-8                      Metazocine;
 31-9                      Methadone;
31-10                      Methadone-Intermediate,
31-11    4-cyano-2-dimethylamino-4, 4-diphenyl butane;
31-12                      3-methylfentanyl(N-(3-methyl-1-(2-phenylethyl)-
31-13    4-piperidyl)-N-phenylpropanamide);
31-14                      3-methylthiofentanyl(N-(3-methyl-1-(2-thienyl)
31-15    ethyl-4-piperidinyl)-N-phenylpropanamide);
31-16                      Moramide-Intermediate, 2-methyl-3-morpholino-1,
31-17    1-diphenyl-propane-carboxylic acid;
31-18                      Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
31-19    (2-phenylethyl)-4-piperidinylpropanamide);
31-20                      PEPAP
31-21    (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
31-22                      Pethidine (Meperidine);
31-23                      Pethidine-Intermediate-A,
31-24    4-cyano-1-methyl-4-phenylpiperidine;
31-25                      Pethidine-Intermediate-B,
31-26    ethyl-4-phenylpiperidine-4 carboxylate;
 32-1                      Pethidine-Intermediate-C,
 32-2    1-methyl-4-phenylpiperidine-4-carboxylic acid;
 32-3                      Phenazocine;
 32-4                      Piminodine;
 32-5                      Racemethorphan;
 32-6                      Racemorphan;
 32-7                      Remifentanil; and
 32-8                      Thiofentanyl(N-phenyl-N-(1-(2-thienyl)ethyl-4-
 32-9    piperidinyl)-propanamide);
32-10                (5)  Flunitrazepam (some trade or other names:
32-11    Rohypnol);
32-12                (6)  Methamphetamine, including its salts, optical
32-13    isomers, and salts of optical isomers;
32-14                (7)  Phenylacetone and methylamine, if possessed
32-15    together with intent to manufacture methamphetamine;
32-16                (8)  Phencyclidine, including its salts; and
32-17                (9)  Gamma hydroxybutyric acid (some trade or other
32-18    names: gamma hydroxybutyrate, GHB), including its salts.
32-19          SECTION 17.  Subsection (a), Section 481.103, Health and
32-20    Safety Code, is amended to read as follows:
32-21          (a)  Penalty Group 2 consists of:
32-22                (1)  any quantity of the following hallucinogenic
32-23    substances, their salts, isomers, and salts of isomers, unless
32-24    specifically excepted, if the existence of these salts, isomers,
32-25    and salts of isomers is possible within the specific chemical
32-26    designation:
 33-1                      alpha-ethyltryptamine;
 33-2                      4-bromo-2, 5-dimethoxyamphetamine (some trade or
 33-3    other names:  4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
 33-4    4-bromo-2, 5-DMA);
 33-5                      4-bromo-2, 5-dimethoxyphenethylamine;
 33-6                      Bufotenine (some trade and other names:
 33-7    3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
 33-8    3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
 33-9    5-hydroxy-N, N-dimethyltryptamine; mappine);
33-10                      Diethyltryptamine (some trade and other names:
33-11    N, N-Diethyltryptamine, DET);
33-12                      2, 5-dimethoxyamphetamine (some trade or other
33-13    names:  2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
33-14                      2, 5-dimethoxy-4-ethylamphetamine (some trade or
33-15    other names:  DOET);
33-16                      Dimethyltryptamine (some trade and other names:
33-17    DMT);
33-18                      Dronabinol (synthetic) in sesame oil and
33-19    encapsulated in a soft gelatin capsule in a U.S. Food and Drug
33-20    Administration approved drug product (some trade or other names for
33-21    Dronabinol:  (a6aR-trans)-6a,7,8,10a-tetrahydro-
33-22    6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
33-23    (-)-delta-9-(trans)-tetrahydrocannabinol);
33-24                      Ethylamine Analog of Phencyclidine (some trade or
33-25    other names:  N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
33-26    ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
 34-1                      Ibogaine (some trade or other names:  7-Ethyl-6,
 34-2    6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
 34-3    9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
 34-4    tabernanthe iboga.);
 34-5                      Ketamine;
 34-6                      Mescaline;
 34-7                      5-methoxy-3, 4-methylenedioxy amphetamine;
 34-8                      4-methoxyamphetamine (some trade or other names:
 34-9    4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
34-10                      1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
34-11    PPMP);
34-12                      4-methyl-2, 5-dimethoxyamphetamine (some trade
34-13    and other names:  4-methyl-2,
34-14    5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
34-15                      3,4-methylenedioxy methamphetamine (MDMA, MDM);
34-16                      3,4-methylenedioxy amphetamine;
34-17                      3,4-methylenedioxy N-ethylamphetamine (Also known
34-18    as N-ethyl MDA);
34-19                      Nabilone (Another name for nabilone:
34-20    (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
34-21    hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
34-22                      N-ethyl-3-piperidyl benzilate;
34-23                      N-hydroxy-3,4-methylenedioxyamphetamine (Also
34-24    known as N-hydroxy MDA);
34-25                      4-methylaminorex;
34-26                      N-methyl-3-piperidyl benzilate;
 35-1                      Parahexyl (some trade or other names:
 35-2    3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
 35-3    9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
 35-4                      1-Phenylcyclohexylamine;
 35-5                      1-Piperidinocyclohexanecarbonitrile (PCC);
 35-6                      Psilocin;
 35-7                      Psilocybin;
 35-8                      Pyrrolidine Analog of Phencyclidine (some trade
 35-9    or other names:  1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
35-10                      Tetrahydrocannabinols, other than marihuana, and
35-11    synthetic equivalents of the substances contained in the plant, or
35-12    in the resinous extractives of Cannabis, or synthetic substances,
35-13    derivatives, and their isomers with similar chemical structure and
35-14    pharmacological activity such as:
35-15                            delta-1 cis or trans tetrahydrocannabinol,
35-16    and their optical isomers;
35-17                            delta-6 cis or trans tetrahydrocannabinol,
35-18    and their optical isomers;
35-19                            delta-3, 4 cis or trans
35-20    tetrahydrocannabinol, and its optical isomers;
35-21                            compounds of these structures, regardless
35-22    of numerical designation of atomic positions, since nomenclature of
35-23    these substances is not internationally standardized;
35-24                      Thiophene Analog of Phencyclidine (some trade or
35-25    other names:  1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
35-26    Analog of Phencyclidine;  TPCP, TCP);
 36-1                      1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
 36-2    trade or other names:  TCPy); and
 36-3                      3,4,5-trimethoxy amphetamine;
 36-4                (2)  Phenylacetone (some trade or other names:
 36-5    Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone);
 36-6    and
 36-7                (3)  unless specifically excepted or unless listed in
 36-8    another Penalty Group, a material, compound, mixture, or
 36-9    preparation that contains any quantity of the following substances
36-10    having a potential for abuse associated with a depressant or
36-11    stimulant effect on the central nervous system:
36-12                      Aminorex (some trade or other names:
36-13    aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
36-14    4,5-dihydro-5-phenyl-2-oxazolamine);
36-15                      Amphetamine, its salts, optical isomers, and
36-16    salts of optical isomers;
36-17                      Cathinone (some trade or other names:
36-18    2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
36-19    2-aminopropiophenone);
36-20                      Etorphine Hydrochloride;
36-21                      Fenethylline and its salts;
36-22                      Mecloqualone and its salts;
36-23                      Methaqualone and its salts;
36-24                      Methcathinone (some trade or other names:
36-25    2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
36-26    2-(methylamino)-1-phenylpropan-1-one;
 37-1    alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
 37-2    N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
 37-3    1431);
 37-4                      N-Ethylamphetamine, its salts, optical isomers,
 37-5    and salts of optical isomers; and
 37-6                      N,N-dimethylamphetamine (some trade or other
 37-7    names: N,N,alpha-trimethylbenzeneethaneamine;
 37-8    N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
 37-9    salts of optical isomers.
37-10          SECTION 18.  Subsection (a), Section 481.104, Health and
37-11    Safety Code, is amended to read as follows:
37-12          (a)  Penalty Group 3 consists of:
37-13                (1)  a material, compound, mixture, or preparation that
37-14    contains any quantity of the following substances having a
37-15    potential for abuse associated with a stimulant effect on the
37-16    central nervous system:
37-17                      Methylphenidate and its salts; and
37-18                      Phenmetrazine and its salts;
37-19                (2)  a material, compound, mixture, or preparation that
37-20    contains any quantity of the following substances having a
37-21    potential for abuse associated with a depressant effect on the
37-22    central nervous system:
37-23                      a substance that contains any quantity of a
37-24    derivative of barbituric acid, or any salt of a derivative of
37-25    barbituric acid not otherwise described [covered] by this
37-26    subsection;
 38-1                      a compound, mixture, or preparation containing
 38-2    amobarbital, secobarbital, pentobarbital, or any salt of any of
 38-3    these, and one or more active medicinal ingredients that are not
 38-4    listed in any penalty group;
 38-5                      a suppository dosage form containing amobarbital,
 38-6    secobarbital, pentobarbital, or any salt of any of these drugs, and
 38-7    approved by the United States Food and Drug Administration for
 38-8    marketing only as a suppository;
 38-9                      Alprazolam;
38-10                      Amobarbital;
38-11                      Bromazepam;
38-12                      Camazepam;
38-13                      Chlordiazepoxide;
38-14                      Chlorhexadol;
38-15                      Clobazam;
38-16                      Clonazepam;
38-17                      Clorazepate;
38-18                      Clotiazepam;
38-19                      Cloxazolam;
38-20                      Delorazepam;
38-21                      Diazepam;
38-22                      Estazolam;
38-23                      Ethyl loflazepate;
38-24                      Fludiazepam;
38-25                      Flurazepam;
38-26                      Glutethimide;
 39-1                      Halazepam;
 39-2                      Haloxzolam;
 39-3                      Ketazolam;
 39-4                      Loprazolam;
 39-5                      Lorazepam;
 39-6                      Lormetazepam;
 39-7                      Lysergic acid, including its salts, isomers, and
 39-8    salts of isomers;
 39-9                      Lysergic acid amide, including its salts,
39-10    isomers, and salts of isomers;
39-11                      Mebutamate;
39-12                      Medazepam;
39-13                      Methyprylon;
39-14                      Midazolam;
39-15                      Nimetazepam;
39-16                      Nitrazepam;
39-17                      Nordiazepam;
39-18                      Oxazepam;
39-19                      Oxazolam;
39-20                      Pentazocine, its salts, derivatives, or compounds
39-21    or mixtures thereof;
39-22                      Pentobarbital;
39-23                      Pinazepam;
39-24                      Prazepam;
39-25                      Quazepam;
39-26                      Secobarbital;
 40-1                      Sulfondiethylmethane;
 40-2                      Sulfonethylmethane;
 40-3                      Sulfonmethane;
 40-4                      Temazepam;
 40-5                      Tetrazepam;
 40-6                      Tiletamine and zolazepam in combination, and its
 40-7    salts.  (some trade or other names for a tiletamine-zolazepam
 40-8    combination product:  Telazol, for tiletamine:
 40-9    2-(ethylamino)-2-(2-thienyl)-cyclohexanone,  and  for  zolazepam:
40-10    4-(2-fluorophenyl)-6,
40-11    8-dihydro-1,3,8,-trimethylpyrazolo-(3,4-e)(1,4)-d
40-12    diazepin-7(1H)-one, flupyrazapon);
40-13                      Triazolam;
40-14                      Zaleplon;  and
40-15                      Zolpidem;
40-16                (3)  Nalorphine;
40-17                (4)  a material, compound, mixture, or preparation
40-18    containing limited quantities of the following narcotic drugs, or
40-19    any of their salts:
40-20                      not more than 1.8 grams of codeine, or any of its
40-21    salts, per 100 milliliters or not more than 90 milligrams per
40-22    dosage unit, with an equal or greater quantity of an isoquinoline
40-23    alkaloid of opium;
40-24                      not more than 1.8 grams of codeine, or any of its
40-25    salts, per 100 milliliters or not more than 90 milligrams per
40-26    dosage unit, with one or more active, nonnarcotic ingredients in
 41-1    recognized therapeutic amounts;
 41-2                      not more than 300 milligrams of dihydrocodeinone
 41-3    (hydrocodone), or any of its salts, per 100 milliliters or not more
 41-4    than 15 milligrams per dosage unit, with a fourfold or greater
 41-5    quantity of an isoquinoline alkaloid of opium;
 41-6                      not more than 300 milligrams of dihydrocodeinone
 41-7    (hydrocodone), or any of its salts, per 100 milliliters or not more
 41-8    than 15 milligrams per dosage unit, with one or more active,
 41-9    nonnarcotic ingredients in recognized therapeutic amounts;
41-10                      not more than 1.8 grams of dihydrocodeine, or any
41-11    of its salts, per 100 milliliters or not more than 90 milligrams
41-12    per dosage unit, with one or more active, nonnarcotic ingredients
41-13    in recognized therapeutic amounts;
41-14                      not more than 300 milligrams of ethylmorphine, or
41-15    any of its salts, per 100 milliliters or not more than 15
41-16    milligrams per dosage unit, with one or more active, nonnarcotic
41-17    ingredients in recognized therapeutic amounts;
41-18                      not more than 500 milligrams of opium per 100
41-19    milliliters or per 100 grams, or not more than 25 milligrams per
41-20    dosage unit, with one or more active, nonnarcotic ingredients in
41-21    recognized therapeutic amounts;
41-22                      not more than 50 milligrams of morphine, or any
41-23    of its salts, per 100 milliliters or per 100 grams with one or more
41-24    active, nonnarcotic ingredients in recognized therapeutic amounts;
41-25    and
41-26                      not more than 1 milligram of difenoxin and not
 42-1    less than 25 micrograms of atropine sulfate per dosage unit;
 42-2                (5)  a material, compound, mixture, or preparation that
 42-3    contains any quantity of the following substances:
 42-4                      Barbital;
 42-5                      Chloral betaine;
 42-6                      Chloral hydrate;
 42-7                      Ethchlorvynol;
 42-8                      Ethinamate;
 42-9                      Meprobamate;
42-10                      Methohexital;
42-11                      Methylphenobarbital (Mephobarbital);
42-12                      Paraldehyde;
42-13                      Petrichloral; and
42-14                      Phenobarbital;
42-15                (6)  Peyote, unless unharvested and growing in its
42-16    natural state, meaning all parts of the plant classified
42-17    botanically as Lophophora, whether growing or not, the seeds of the
42-18    plant, an extract from a part of the plant, and every compound,
42-19    manufacture, salt, derivative, mixture, or preparation of the
42-20    plant, its seeds, or extracts;
42-21                (7)  unless listed in another penalty group, a
42-22    material, compound, mixture, or preparation that contains any
42-23    quantity of the following substances having a stimulant effect on
42-24    the central nervous system, including the substance's salts,
42-25    optical, position, or geometric isomers, and salts of the
42-26    substance's isomers, if the existence of the salts, isomers, and
 43-1    salts of isomers is possible within the specific chemical
 43-2    designation:
 43-3                      Benzphetamine;
 43-4                      Cathine ((+)-norpseudoephedrine);
 43-5                      Chlorphentermine;
 43-6                      Clortermine;
 43-7                      Diethylpropion;
 43-8                      Fencamfamin;
 43-9                      Fenfluramine;
43-10                      Fenproporex;
43-11                      Mazindol;
43-12                      Mefenorex;
43-13                      Modafinil;
43-14                      Pemoline (including organometallic complexes and
43-15    their chelates);
43-16                      Phendimetrazine;
43-17                      Phentermine;
43-18                      Pipradrol;
43-19                      Sibutramine; and
43-20                      SPA ((-)-1-dimethylamino-1,2-diphenylethane);
43-21                (8)  unless specifically excepted or unless listed in
43-22    another penalty group, a material, compound, mixture, or
43-23    preparation that contains any quantity of the following substance,
43-24    including its salts:
43-25                      Dextropropoxyphene
43-26    (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
 44-1    and
 44-2                (9)  an anabolic steroid or any substance that is
 44-3    chemically or pharmacologically related to testosterone, other than
 44-4    an estrogen, progestin, or corticosteroid, and promotes muscle
 44-5    growth, including:
 44-6                      Boldenone;
 44-7                      Chlorotestosterone (4-chlortestosterone);
 44-8                      Clostebol;
 44-9                      Dehydrochlormethyltestosterone;
44-10                      Dihydrotestosterone (4-dihydrotestosterone);
44-11                      Drostanolone;
44-12                      Ethylestrenol;
44-13                      Fluoxymesterone;
44-14                      Formebulone;
44-15                      Mesterolone;
44-16                      Methandienone;
44-17                      Methandranone;
44-18                      Methandriol;
44-19                      Methandrostenolone;
44-20                      Methenolone;
44-21                      Methyltestosterone;
44-22                      Mibolerone;
44-23                      Nandrolone;
44-24                      Norethandrolone;
44-25                      Oxandrolone;
44-26                      Oxymesterone;
 45-1                      Oxymetholone;
 45-2                      Stanolone;
 45-3                      Stanozolol;
 45-4                      Testolactone;
 45-5                      Testosterone; and
 45-6                      Trenbolone.
 45-7          SECTION 19.  Section 481.105, Health and Safety Code, is
 45-8    amended to read as follows:
 45-9          Sec. 481.105.  PENALTY GROUP 4.  Penalty Group 4 consists of:
45-10                (1)  a compound, mixture, or preparation containing
45-11    limited quantities of any of the following narcotic drugs that
45-12    includes one or more nonnarcotic active medicinal ingredients in
45-13    sufficient proportion to confer on the compound, mixture, or
45-14    preparation valuable medicinal qualities other than those possessed
45-15    by the narcotic drug alone:
45-16                      not more than 200 milligrams of codeine per 100
45-17    milliliters or per 100 grams;
45-18                      not more than 100 milligrams of dihydrocodeine
45-19    per 100 milliliters or per 100 grams;
45-20                      not more than 100 milligrams of ethylmorphine per
45-21    100 milliliters or per 100 grams;
45-22                      not more than 2.5 milligrams of diphenoxylate and
45-23    not less than 25 micrograms of atropine sulfate per dosage unit;
45-24                      not more than 15 milligrams of opium per 29.5729
45-25    milliliters or per 28.35 grams; and
45-26                      not more than 0.5 milligram of difenoxin and not
 46-1    less than 25 micrograms of atropine sulfate per dosage unit;
 46-2                (2)  unless specifically excepted or unless listed in
 46-3    another penalty group, a material, compound, mixture, or
 46-4    preparation containing any quantity of the narcotic drug
 46-5    Buprenorphine or Butorphanol or a salt of either [its salts]; and
 46-6                (3)  unless specifically exempted or excluded or unless
 46-7    listed in another penalty group, any material, compound, mixture,
 46-8    or preparation that contains any quantity of pyrovalerone, a
 46-9    substance having a stimulant effect on the central nervous system,
46-10    including its salts, isomers, and salts of isomers.
46-11          SECTION 20.  Section 481.122, Health and Safety Code, is
46-12    amended to read as follows:
46-13          Sec. 481.122.  OFFENSE:  DELIVERY OF CONTROLLED SUBSTANCE OR
46-14    MARIHUANA TO CHILD [MINOR].  (a)  A [Except as provided by this
46-15    chapter, a] person commits an offense if the person knowingly
46-16    delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
46-17    or 3 or knowingly delivers marihuana and the person delivers the
46-18    controlled substance or marihuana to a person:
46-19                (1)  who is a child [17 years of age or younger];
46-20                (2)  [who the actor knows or believes intends to
46-21    deliver the controlled substance or marihuana to a person 17 years
46-22    of age or younger;]
46-23                [(3)]  who is enrolled in a public or private primary
46-24    [an elementary] or secondary school; or
46-25                (3) [(4)]  who the actor knows or believes intends to
46-26    deliver the controlled substance or marihuana to a person described
 47-1    by Subdivision (1) or (2) [who is enrolled in an elementary or
 47-2    secondary school].
 47-3          (b)  It is an affirmative defense to prosecution under this
 47-4    section that:
 47-5                (1)  the actor was a child [younger than 18 years of
 47-6    age] when the offense was committed; or
 47-7                (2)  the actor:
 47-8                      (A)  was younger than 21 years of age when the
 47-9    offense was committed;
47-10                      (B) [and]  delivered only marihuana in an amount
47-11    equal to or less than one-fourth ounce; and
47-12                      (C) [for which the actor]  did not receive
47-13    remuneration for the delivery.
47-14          (c)  An offense under this section is a felony of the second
47-15    degree.
47-16          (d)  In this section, "child" means a person younger than 18
47-17    years of age.
47-18          (e)  If conduct that is an offense under this section is also
47-19    an offense under another section of this chapter, the actor may be
47-20    prosecuted under either section or both.
47-21          SECTION 21.  Subsection (a), Section 481.126, Health and
47-22    Safety Code, is amended to read as follows:
47-23          (a)  A person commits an offense if the person [knowingly or
47-24    intentionally]:
47-25                (1)  expends funds the person knows are derived from
47-26    the commission of an offense under this chapter punishable by
 48-1    imprisonment in the institutional division of the Texas Department
 48-2    of Criminal Justice for life [under Section 481.112(e) or (f),
 48-3    481.113(e), 481.114(e), 481.115(f), 481.116(e), 481.117(e),
 48-4    481.118(e), 481.120(b)(6), or 481.121(b)(6)]; or
 48-5                (2)  finances or invests funds the person knows or
 48-6    believes are intended to further the commission of an offense for
 48-7    which the punishment is described by [listed under] Subdivision
 48-8    (1).
 48-9          SECTION 22.  Subsection (a), Section 481.128, Health and
48-10    Safety Code, is amended to read as follows:
48-11          (a)  A registrant or dispenser commits an offense if the
48-12    registrant or dispenser knowingly:
48-13                (1)  distributes, delivers, administers, or dispenses a
48-14    controlled substance in violation of Sections 481.070-481.075;
48-15                (2)  manufactures a controlled substance not authorized
48-16    by the person's registration or distributes or dispenses a
48-17    controlled substance not authorized by the person's registration to
48-18    another registrant or other person;
48-19                (3)  refuses or fails to make, keep, or furnish a
48-20    record, report, notification, order form, statement, invoice, or
48-21    information required by this chapter;
48-22                (4)  prints, manufactures, possesses, or produces an [a
48-23    prescription sticker or] official prescription form without the
48-24    approval of the director;
48-25                (5)  delivers or possesses a counterfeit [prescription
48-26    sticker or] official prescription form;
 49-1                (6)  refuses an entry into a premise for an inspection
 49-2    authorized by this chapter;
 49-3                (7)  refuses or fails to return an official [a]
 49-4    prescription form [sticker] as required by Section 481.075(k);
 49-5                (8)  refuses or fails to make, keep, or furnish a
 49-6    record, report, notification, order form, statement, invoice, or
 49-7    information required by a rule adopted by the director; or
 49-8                (9)  refuses or fails to maintain security required by
 49-9    this chapter or a rule adopted under this chapter.
49-10          SECTION 23.  Subsection (a), Section 481.129, Health and
49-11    Safety Code, is amended to read as follows:
49-12          (a)  A person commits an offense if the person knowingly:
49-13                (1)  distributes as a registrant or dispenser a
49-14    controlled substance listed in Schedule I or II, unless the person
49-15    distributes the controlled substance under an order form as
49-16    required by Section 481.069;
49-17                (2)  uses in the course of manufacturing, prescribing,
49-18    or distributing a controlled substance a registration number that
49-19    is fictitious, revoked, suspended, or issued to another person;
49-20                (3)  issues a prescription bearing a forged or
49-21    fictitious signature;
49-22                (4)  uses a prescription [sticker] issued to another
49-23    person to prescribe a Schedule II controlled substance;
49-24                (5) [(4)]  possesses, obtains, or attempts to possess
49-25    or obtain a controlled substance or an increased quantity of a
49-26    controlled substance:
 50-1                      (A)  by misrepresentation, fraud, forgery,
 50-2    deception, or subterfuge;
 50-3                      (B)  through use of a fraudulent prescription
 50-4    form; or
 50-5                      (C)  through use of a fraudulent oral or
 50-6    telephonically communicated prescription; or
 50-7                (6) [(5)]  furnishes false or fraudulent material
 50-8    information in or omits material information from an application,
 50-9    report, record, or other document required to be kept or filed
50-10    under this chapter.
50-11          SECTION 24.  Subsection (a), Section 481.136, 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, furnishes, or receives a chemical precursor subject to
50-15    [substance listed in] Section 481.077(a) and the person:
50-16                (1)  does not hold a chemical precursor transfer permit
50-17    as required by Section 481.078 at the time of the transaction;
50-18                (2)  does not comply with Section 481.077;
50-19                (3)  knowingly makes a false statement in a report or
50-20    record required by Section 481.077 or 481.078; or
50-21                (4)  knowingly violates a rule adopted under Section
50-22    481.077 or 481.078.
50-23          SECTION 25.  Subsection (a), Section 481.137, Health and
50-24    Safety Code, is amended to read as follows:
50-25          (a)  A person commits an offense if the person sells,
50-26    transfers, or otherwise furnishes a chemical precursor subject to
 51-1    [substance listed in] Section 481.077(a) with the knowledge or
 51-2    intent that the recipient will use the chemical precursor
 51-3    [substance] to unlawfully manufacture a controlled substance or
 51-4    controlled substance analogue.
 51-5          SECTION 26.  Subsection (a), Section 481.138, Health and
 51-6    Safety Code, is amended to read as follows:
 51-7          (a)  A person commits an offense if the person sells,
 51-8    transfers, furnishes, or receives a chemical laboratory [an]
 51-9    apparatus subject to [described by] Section 481.080(a) and the
51-10    person:
51-11                (1)  does not have a chemical laboratory [an] apparatus
51-12    transfer permit as required by Section 481.081 at the time of the
51-13    transaction;
51-14                (2)  does not comply with Section 481.080;
51-15                (3)  knowingly makes a false statement in a report or
51-16    record required by Section 481.080 or 481.081; or
51-17                (4)  knowingly violates a rule adopted under Section
51-18    481.080 or 481.081.
51-19          SECTION 27.  Subsection (a), Section 481.139, Health and
51-20    Safety Code, is amended to read as follows:
51-21          (a)  A person commits an offense if the person sells,
51-22    transfers, or otherwise furnishes a chemical laboratory [an]
51-23    apparatus [described by Section 481.080(a)] with the knowledge or
51-24    intent that the recipient will use the apparatus to unlawfully
51-25    manufacture a controlled substance or controlled substance
51-26    analogue.
 52-1          SECTION 28.  Section 481.151, Health and Safety Code, is
 52-2    amended to read as follows:
 52-3          Sec. 481.151.  DEFINITIONS.  In this subchapter:
 52-4                (1)  ["Department" means the Department of Public
 52-5    Safety.]
 52-6                [(2)]  "Controlled substance property" means a
 52-7    controlled substance, mixture containing a controlled substance,
 52-8    controlled substance analogue, counterfeit controlled substance,
 52-9    drug paraphernalia, chemical precursor, chemical laboratory
52-10    apparatus, or raw material.
52-11                (2) [(3)]  "Controlled substance plant" means a species
52-12    of plant from which a controlled substance listed in Schedule I or
52-13    II may be derived.
52-14          SECTION 29.  Section 481.160, Health and  Safety  Code,  as
52-15    amended by Chapters 14, 141, and 285, Acts of the 72nd Legislature,
52-16    Regular Session, 1991, is reenacted and amended to read as follows:
52-17          Sec. 481.160.  DESTRUCTION OF EXCESS QUANTITIES.  (a)  If a
52-18    controlled substance property or plant is forfeited under this code
52-19    or under Chapter 59, Code of Criminal Procedure, the law
52-20    enforcement agency that seized the property or plant or to which
52-21    the property or plant is forfeited may summarily destroy the
52-22    property or plant without a court order before the disposition of a
52-23    case arising out of the forfeiture if the agency ensures that:
52-24                (1)  at least five random and representative samples
52-25    are taken from the total amount of the property or plant and a
52-26    sufficient quantity is preserved to provide for discovery by
 53-1    parties entitled to discovery;
 53-2                (2)  photographs are taken that reasonably depict
 53-3    [demonstrate] the total amount of the property or plant; and
 53-4                (3)  the gross weight or liquid measure of the property
 53-5    or plant is determined, either by actually weighing or measuring
 53-6    the property or plant or by estimating its weight or measurement
 53-7    after making dimensional measurements of the total amount seized.
 53-8          (b)  If the property consists of a single container of
 53-9    liquid, taking and preserving one representative sample complies
53-10    with Subsection (a)(1).
53-11          (c)  A representative sample, photograph, or record made
53-12    under this section is admissible in civil or criminal proceedings
53-13    in the same manner and to the same extent as if the total quantity
53-14    of the suspected controlled substance property or plant was offered
53-15    in evidence, regardless of whether the remainder of the property or
53-16    plant has been destroyed.  An inference or presumption of
53-17    spoliation does not apply to a property or plant destroyed under
53-18    this section.
53-19          (d)  If [All controlled substance property,] hazardous waste,
53-20    residuals, contaminated glassware, associated equipment, or [and]
53-21    by-products from illicit chemical laboratories or similar
53-22    operations that create a health or environmental hazard [hazards]
53-23    or are not capable of being safely stored are forfeited, those
53-24    items [prohibit safe storage] may be disposed of under Subsection
53-25    (a) or may be seized and summarily forfeited and [immediately]
53-26    destroyed by a law enforcement agency without a court order before
 54-1    the disposition of a case arising out of the forfeiture if current
 54-2    environmental protection standards are followed.
 54-3          (e)  A law enforcement agency seizing and destroying or
 54-4    disposing of materials described in Subsection (d) shall ensure
 54-5    that photographs are taken that reasonably depict [demonstrate] the
 54-6    total amount of the materials seized and the manner in which the
 54-7    materials were physically arranged or positioned before seizure.
 54-8          (f)  A law enforcement agency may petition a court to
 54-9    require, as a condition of community supervision under Article
54-10    42.12, Code of Criminal Procedure, a person to reimburse the agency
54-11    for the cost of the confiscation, analysis, storage, or disposal of
54-12    raw materials, controlled substances, chemical precursors, drug
54-13    paraphernalia, or other materials seized in connection with an
54-14    offense committed by the person under this chapter.
54-15          SECTION 30.  Section 552.118, Government Code, is amended to
54-16    read as follows:
54-17          Sec. 552.118.  EXCEPTION:  OFFICIAL PRESCRIPTION FORM.
54-18    Information is excepted from the requirements of Section 552.021 if
54-19    it is:
54-20                (1)  information on or derived from an official
54-21    prescription form filed with the director of the Department of
54-22    Public Safety under Section 481.075, Health and Safety Code; or
54-23                (2)  other information collected under Section 481.075
54-24    of that code.
54-25          SECTION 31.  (a)  This Act takes effect September 1, 2001.
54-26          (b)  The change in law made by this Act to Sections 481.063
 55-1    and 481.066, Health and Safety Code, applies only to a disciplinary
 55-2    action that is commenced on or after September 1, 2001.  A
 55-3    disciplinary action that is commenced before September 1, 2001, is
 55-4    governed by the law in effect immediately before September 1, 2001,
 55-5    and the former law is continued in effect for that purpose.  For
 55-6    purposes of this subsection, a disciplinary action is commenced if
 55-7    it has been set for hearing.
 55-8          (c)  The change in law made by this Act to Section 481.064,
 55-9    Health and Safety Code, applies only to any application for annual
55-10    registration under Chapter 481 of that code that is submitted to
55-11    the Department of Public Safety on or after September 1, 2001.
55-12          (d)  The changes in law made by this Act to Sections 481.122,
55-13    481.126, 481.128, 481.129, and 481.139, Health and Safety Code,
55-14    apply only to an offense committed on or after September 1, 2001.
55-15    An offense committed before September 1, 2001, is covered by the
55-16    law in effect when the offense was committed, and the former law is
55-17    continued in effect for that purpose.
55-18          (e)  The repeal by this Act of Section 481.132, Health and
55-19    Safety Code, applies only to the prosecution of an offense
55-20    committed on or after September 1, 2001.  The prosecution of an
55-21    offense committed before September 1, 2001, is governed by the law
55-22    in effect when the offense was committed, and the former law is
55-23    continued in effect for that purpose.
55-24          (f)  For purposes of Subsections (d) and (e) of this section,
55-25    an offense was committed before September 1, 2001, if any element
55-26    of the offense occurred before that date.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 753 passed the Senate on
         March 22, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 9, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 753 passed the House, with
         amendments, on May 4, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor