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