By Van de Putte S.B. No. 753
77R6636 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of controlled substances under the Texas
1-3 Controlled Substances Act, to the accessibility of certain
1-4 information collected under that Act, and to the punishment for
1-5 certain offenses under that Act.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 481.002, Health and Safety Code, is
1-8 amended by amending Subdivision (26) and adding Subdivisions (51)
1-9 and (53) to read as follows:
1-10 (26) "Marihuana" means the plant Cannabis sativa L.,
1-11 whether growing or not, the seeds of that plant, and every
1-12 compound, manufacture, salt, derivative, mixture, or preparation of
1-13 that plant or its seeds. The term does not include:
1-14 (A) the resin extracted from a part of the plant
1-15 or a compound, manufacture, salt, derivative, mixture, or
1-16 preparation of the resin;
1-17 (B) the mature stalks of the plant or fiber
1-18 produced from the stalks;
1-19 (C) oil or cake made from the seeds of the
1-20 plant;
1-21 (D) a compound, manufacture, salt, derivative,
1-22 mixture, or preparation of the mature stalks, fiber, oil, or cake;
1-23 or
1-24 (E) the sterilized seeds of the plant that are
2-1 incapable of beginning germination.
2-2 (51) "Chemical precursor" means:
2-3 (A) Methylamine;
2-4 (B) Ethylamine;
2-5 (C) D-lysergic acid;
2-6 (D) Ergotamine tartrate;
2-7 (E) Diethyl malonate;
2-8 (F) Malonic acid;
2-9 (G) Ethyl malonate;
2-10 (H) Barbituric acid;
2-11 (I) Piperidine;
2-12 (J) N-acetylanthranilic acid;
2-13 (K) Pyrrolidine;
2-14 (L) Phenylacetic acid;
2-15 (M) Anthranilic acid;
2-16 (N) Ephedrine;
2-17 (O) Pseudoephedrine;
2-18 (P) Norpseudoephedrine; or
2-19 (Q) Phenylpropanolamine.
2-20 (53) "Chemical laboratory apparatus" means any item of
2-21 equipment designed, made, or adapted to manufacture a controlled
2-22 substance or a controlled substance analogue, including:
2-23 (A) a condenser;
2-24 (B) a distilling apparatus;
2-25 (C) a vacuum drier;
2-26 (D) a three-neck or distilling flask;
2-27 (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. Section 481.032(a), Health and Safety Code, is
3-13 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. Section 481.062(a), Health and Safety Code, is
3-19 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
3-27 controlled substance is in the usual course of business or
4-1 employment;
4-2 (3) an ultimate user or a person in possession of the
4-3 controlled substance under a lawful order of a practitioner or in
4-4 lawful possession of the controlled substance if it is listed in
4-5 Schedule V;
4-6 (4) an officer or employee of this state, another
4-7 state, a political subdivision of this state or another state, or
4-8 the United States who is lawfully engaged in the enforcement of a
4-9 law relating to a controlled substance or drug or to a customs law
4-10 and authorized to possess the controlled substance in the discharge
4-11 of the person's official duties; or
4-12 (5) if the substance is tetrahydrocannabinol or one of
4-13 its derivatives:
4-14 (A) a Texas Department of Health official, a
4-15 medical school researcher, or a research program participant
4-16 possessing the substance as authorized under Subchapter G; or
4-17 (B) a practitioner or an ultimate user
4-18 possessing the substance as a participant in a federally approved
4-19 therapeutic research program that the commissioner has reviewed and
4-20 found, in writing, to contain a medically responsible research
4-21 protocol.
4-22 SECTION 4. Section 481.063(h), Health and Safety Code, is
4-23 amended to read as follows:
4-24 (h) Chapter 2001, Government Code, does not apply to a
4-25 denial[, suspension, or revocation] of a registration under
4-26 Subsection (e)(2)(A) or (B), (e)(3), (e)(4), or (e)(9).
4-27 SECTION 5. Section 481.064(a), Health and Safety Code, is
5-1 amended to read as follows:
5-2 (a) The director may charge a nonrefundable [an annual
5-3 registration] fee of not more than $25 before processing an
5-4 application for annual registration. The director by rule shall
5-5 set the amount of the fee at the amount that is necessary to cover
5-6 the cost of administering and enforcing this subchapter. Except as
5-7 provided by Subsection (b), registrants shall pay the fees to the
5-8 director.
5-9 SECTION 6. Sections 481.066(g) and (i), Health and Safety
5-10 Code, are amended to read as follows:
5-11 (g) Chapter 2001, Government Code, applies to a proceeding
5-12 under this section to the extent that that chapter does not
5-13 conflict with this subchapter. Chapter 2001, Government Code, does
5-14 not apply to a cancellation, suspension, probation, or revocation
5-15 of a registration for a cause described by Section 481.063(e)(2)(A)
5-16 or (B), (e)(3), (e)(4), or (e)(9).
5-17 (i) The director shall give written notice to the applicant
5-18 or registrant of the acceptance of a voluntary surrender of a
5-19 registration, or of the cancellation, suspension, probation,
5-20 revocation, or denial of a registration. The notice shall be sent
5-21 by certified [registered] mail, return receipt requested, to the
5-22 most current address of the applicant or registrant contained in
5-23 department [the] files [of the Department of Public Safety].
5-24 SECTION 7. Section 481.067, Health and Safety Code, is
5-25 amended by amending Subsection (a) and adding Subsection (c) to
5-26 read as follows:
5-27 (a) A person who is registered to manufacture, distribute,
6-1 analyze, or dispense a controlled substance shall keep records and
6-2 maintain inventories in compliance with recordkeeping and inventory
6-3 requirements of federal law and with additional rules the director
6-4 adopts. [Records and inventories must be retained for at least two
6-5 years after the date they are made.]
6-6 (c) A record required by this section must be made at the
6-7 time of the transaction that is the basis of the record. A record
6-8 or inventory required by this section must be kept or maintained
6-9 for at least two years after the date the record or inventory is
6-10 made.
6-11 SECTION 8. Section 481.068(b), Health and Safety Code, is
6-12 amended to read as follows:
6-13 (b) Except as provided by Sections 481.074[(b)] and
6-14 481.075[(d)], a practitioner engaged in authorized medical practice
6-15 or research may not be required to furnish the name or identity of
6-16 a patient or research subject to the department [Department of
6-17 Public Safety], the director of the Texas Commission on Alcohol and
6-18 Drug Abuse, or any other agency, public official, or law
6-19 enforcement officer. A practitioner may not be compelled in a
6-20 state or local civil, criminal, administrative, legislative, or
6-21 other proceeding to furnish the name or identity of an individual
6-22 that the practitioner is obligated to keep confidential.
6-23 SECTION 9. Section 481.073(a), Health and Safety Code, is
6-24 amended to read as follows:
6-25 (a) Only a practitioner defined by Section 481.002(39)(A)
6-26 and an agent designated in writing by the practitioner in
6-27 accordance with rules adopted by the department [Department of
7-1 Public Safety] may communicate a prescription by telephone. A
7-2 pharmacy that receives a telephonically communicated prescription
7-3 shall promptly write the prescription and file and retain the
7-4 prescription in the manner required by this subchapter. A
7-5 practitioner who designates an agent to communicate prescriptions
7-6 shall maintain the written designation of the agent in the
7-7 practitioner's usual place of business and shall make the
7-8 designation available for inspection by investigators for the Texas
7-9 State Board of Medical Examiners, the State Board of Dental
7-10 Examiners, the State Board of Veterinary Medical Examiners, and the
7-11 department [Department of Public Safety]. A practitioner who
7-12 designates a different agent shall designate that agent in writing
7-13 and maintain the designation in the same manner in which the
7-14 practitioner initially designated an agent under this section.
7-15 SECTION 10. Sections 481.074(b), (c), and (f), Health and
7-16 Safety Code, are amended to read as follows:
7-17 (b) Except in an emergency as defined by rule of the
7-18 director or as provided by Section 481.075(j) or (m), a person may
7-19 not dispense or administer a controlled substance listed in
7-20 Schedule II without the written prescription of a practitioner on
7-21 an official prescription form that meets the requirements of and is
7-22 completed by the practitioner in accordance with Section 481.075[,
7-23 and if the controlled substance is to be dispensed, the
7-24 practitioner must be registered under Section 481.063]. In an
7-25 emergency, a person may dispense or administer a controlled
7-26 substance listed in Schedule II on the oral or telephonically
7-27 communicated prescription of a practitioner. The person who
8-1 administers or dispenses the substance shall:
8-2 (1) if the person is a prescribing practitioner or a
8-3 pharmacist, promptly comply with Subsection (c); or
8-4 (2) if the person is not a prescribing practitioner or
8-5 a pharmacist, promptly write the oral or telephonically
8-6 communicated prescription and include in the written record of the
8-7 prescription the name, address, and Federal Drug Enforcement
8-8 Administration number of the prescribing practitioner, all
8-9 information required to be provided by a practitioner under Section
8-10 481.075(e)(1), and all information required to be provided by a
8-11 dispensing pharmacist under Section 481.075(e)(2).
8-12 (c) Not later than the seventh day [72 hours] after the date
8-13 a prescribing practitioner authorizes [authorizing] an emergency
8-14 oral or telephonically communicated prescription, the prescribing
8-15 practitioner shall cause a written prescription, completed in the
8-16 manner required by Section 481.075, to be delivered in person or
8-17 mailed to the dispensing pharmacist at the pharmacy where the
8-18 prescription was dispensed. The envelope of a prescription
8-19 delivered by mail must be postmarked not later than the seventh day
8-20 [72 hours] after the date the prescription was authorized. On
8-21 receipt of the prescription, the dispensing pharmacy shall file the
8-22 transcription of the telephonically communicated prescription and
8-23 the pharmacy copy and shall send information to the director as
8-24 required by Section 481.075. [The pharmacist or the pharmacy that
8-25 employs the pharmacist shall send all information required by the
8-26 director, including any information required to complete an
8-27 official prescription form, to the director by electronic transfer,
9-1 a universal claim form customarily used by pharmaceutical service
9-2 providers, or other form approved by the director not later than
9-3 the 30th day after the date the prescription was dispensed.]
9-4 (f) A prescription for a Schedule II controlled substance
9-5 written for a patient in a long-term care facility (LTCF) or for a
9-6 patient with a medical diagnosis documenting a terminal illness may
9-7 be filled in partial quantities to include individual dosage units.
9-8 If there is any question about whether a patient may be classified
9-9 as having a terminal illness, the pharmacist must contact the
9-10 practitioner before [prior to] partially filling the prescription.
9-11 Both the pharmacist and the practitioner have a corresponding
9-12 responsibility to assure that the controlled substance is for a
9-13 terminally ill patient. The pharmacist must record the
9-14 prescription on an official prescription form and must indicate on
9-15 the form whether the patient is "terminally ill" or an "LTCF
9-16 patient." A prescription that is partially filled and does not
9-17 contain the notation "terminally ill" or "LTCF patient" is
9-18 considered [shall be deemed] to have been filled in violation of
9-19 this chapter [Act]. For each partial filling, the dispensing
9-20 pharmacist shall record on the back of the official prescription
9-21 form the date of the partial filling, the quantity dispensed, the
9-22 remaining quantity authorized to be dispensed, and the
9-23 identification of the dispensing pharmacist. Before [Prior to] any
9-24 subsequent partial filling, the pharmacist must [is to] determine
9-25 that the additional partial filling is necessary. The total
9-26 quantity of Schedule II controlled substances dispensed in all
9-27 partial fillings may [must] not exceed the total quantity
10-1 prescribed. Schedule II prescriptions for patients in a long-term
10-2 care facility or patients with a medical diagnosis documenting a
10-3 terminal illness are [shall be] valid for a period not to exceed 60
10-4 [30] days after [from] the issue date unless sooner terminated by
10-5 discontinuance of the medication.
10-6 SECTION 11. Sections 481.075(e), (g), and (i), Health and
10-7 Safety Code, are amended to read as follows:
10-8 (e) Each official prescription form used to prescribe a
10-9 Schedule II controlled substance must contain:
10-10 (1) information provided by the prescribing
10-11 practitioner, including:
10-12 (A) the date the prescription is written;
10-13 (B) the controlled substance prescribed;
10-14 (C) the quantity of controlled substance
10-15 prescribed, shown numerically followed by the number written as a
10-16 word;
10-17 (D) the intended use of the controlled substance
10-18 or the diagnosis for which it is prescribed and the instructions
10-19 for use of the substance;
10-20 (E) the practitioner's name, address, department
10-21 registration number, and Federal Drug Enforcement Administration
10-22 number; and
10-23 (F) the name, address, and date of birth or age
10-24 of the person for whom the controlled substance is prescribed;
10-25 (2) information provided by the dispensing pharmacist,
10-26 including the date the prescription is filled; and
10-27 (3) the signatures of the prescribing practitioner and
11-1 the dispensing pharmacist.
11-2 (g) Except for an oral prescription [prescriptions]
11-3 prescribed under Section 481.074(b), the prescribing practitioner
11-4 shall:
11-5 (1) legibly fill in, or direct a designated agent to
11-6 legibly fill in, on the official prescription form, each item of
11-7 information required to be provided by the prescribing practitioner
11-8 under Subsection (e)(1), unless the practitioner [practioner]
11-9 determines that:
11-10 (A) under rule adopted by the director for this
11-11 purpose, it is unnecessary for the practitioner or the
11-12 practitioner's agent to provide the patient identification number;
11-13 or
11-14 (B) it is not in the best interest of the
11-15 patient for the practitioner or practitioner's agent to provide
11-16 information regarding the intended use of the controlled substance
11-17 or the diagnosis for which it is prescribed; and
11-18 (2) sign the official prescription form and give the
11-19 form to the person authorized to receive the prescription.
11-20 (i) Each dispensing pharmacist shall:
11-21 (1) fill in on the official prescription form each
11-22 item of information given orally to the dispensing pharmacy under
11-23 Subsection (h), the date the prescription is filled, and the
11-24 dispensing pharmacist's signature;
11-25 (2) retain with the records of the pharmacy for at
11-26 least two years:
11-27 (A) the official prescription form; and
12-1 (B) the name or other patient identification
12-2 required by Section 481.074(m) or (n); and
12-3 (3) send all information required by the director,
12-4 including any information required to complete an official
12-5 prescription form, to the director by electronic transfer or
12-6 another form approved by the director[, including a universal claim
12-7 form customarily used by pharmaceutical services providers,] not
12-8 later than the 15th [30th] day after the last day of the month in
12-9 which [date] the prescription is completely filled [or not later
12-10 than the 30th day after the completion of a prescription dispensed
12-11 under Section 481.074(f)].
12-12 SECTION 12. Section 481.077, Health and Safety Code, is
12-13 amended to read as follows:
12-14 Sec. 481.077. CHEMICAL PRECURSOR RECORDS AND REPORTS. (a)
12-15 Except as provided by Subsection (l), a person who sells,
12-16 transfers, or otherwise furnishes a chemical precursor [any of the
12-17 following precursor substances] to another [a] person shall make an
12-18 accurate and legible record of the transaction and maintain the
12-19 record for at least two years after the date of the transaction[:]
12-20 [(1) Methylamine;]
12-21 [(2) Ethylamine;]
12-22 [(3) D-lysergic acid;]
12-23 [(4) Ergotamine tartrate;]
12-24 [(5) Diethyl malonate;]
12-25 [(6) Malonic acid;]
12-26 [(7) Ethyl malonate;]
12-27 [(8) Barbituric acid;]
13-1 [(9) Piperidine;]
13-2 [(10) N-acetylanthranilic acid;]
13-3 [(11) Pyrrolidine;]
13-4 [(12) Phenylacetic acid;]
13-5 [(13) Anthranilic acid;]
13-6 [(14) Ephedrine;]
13-7 [(15) Pseudoephedrine;]
13-8 [(16) Norpseudoephedrine; or]
13-9 [(17) Phenylpropanolamine].
13-10 (b) The director by rule may:
13-11 (1) name an additional chemical substance as a
13-12 chemical precursor for purposes of Subsection (a) if the director
13-13 determines that public health and welfare are jeopardized by
13-14 evidenced proliferation or use of the chemical substance in the
13-15 illicit manufacture of a controlled substance or controlled
13-16 substance analogue; or
13-17 (2) exempt a chemical precursor from the requirements
13-18 of [delete a substance listed in] Subsection (a) if the director
13-19 determines that the chemical precursor [substance] does not
13-20 jeopardize public health and welfare or is not used in the illicit
13-21 manufacture of a controlled substance or a controlled substance
13-22 analogue.
13-23 (c) This section and Section 481.078 do not apply to a
13-24 person to whom a registration has been issued under Section
13-25 481.063.
13-26 (d) Before selling, transferring, or otherwise furnishing to
13-27 a person in this state a chemical precursor [substance] subject to
14-1 Subsection (a), a manufacturer, wholesaler, retailer, or other
14-2 person shall:
14-3 (1) if the recipient does not represent a business,
14-4 obtain from the recipient:
14-5 (A) the recipient's driver's license number or
14-6 other personal identification certificate number, date of birth,
14-7 and residential or mailing address, other than a post office box
14-8 number, from a driver's license or personal identification
14-9 certificate [card] issued by the department [Department of Public
14-10 Safety] that contains a photograph of the recipient;
14-11 (B) the year, state, and number of the motor
14-12 vehicle license of the motor vehicle owned or operated by the
14-13 recipient;
14-14 (C) a complete description of how the chemical
14-15 precursor [substance] is to be used; and
14-16 (D) the recipient's signature; or
14-17 (2) if the recipient represents a business, obtain
14-18 from the recipient:
14-19 (A) a letter of authorization from the business
14-20 that includes the business license or comptroller tax
14-21 identification number, address, area code, and telephone number and
14-22 a complete description of how the chemical precursor [substance] is
14-23 to be used; and
14-24 (B) the recipient's signature; and
14-25 (3) for any recipient, sign as a witness to the
14-26 signature and identification of the recipient.
14-27 (e) If the recipient does not represent a business, the
15-1 recipient shall present to the manufacturer, wholesaler, retailer,
15-2 or other person a permit issued in the name of the recipient by the
15-3 department [Department of Public Safety] under Section 481.078.
15-4 (f) Except as provided by Subsection (h), a manufacturer,
15-5 wholesaler, retailer, or other person who sells, transfers, or
15-6 otherwise furnishes to a person in this state a chemical precursor
15-7 [substance] subject to Subsection (a) shall submit, at least 21
15-8 days before the delivery of the chemical precursor [substance], a
15-9 report of the transaction on a form obtained from the director that
15-10 includes the information required by Subsection (d).
15-11 (g) The director shall supply to a manufacturer, wholesaler,
15-12 retailer, or other person who sells, transfers, or otherwise
15-13 furnishes a chemical precursor [substance] subject to Subsection
15-14 (a) a form for the submission of:
15-15 (1) the report required by Subsection (f);
15-16 (2) the name and measured amount of the chemical
15-17 precursor [substance] delivered; and
15-18 (3) any other information required by the director.
15-19 (h) The director may authorize a manufacturer, wholesaler,
15-20 retailer, or other person to submit a comprehensive monthly report
15-21 instead of the report required by Subsection (f) if the director
15-22 determines that:
15-23 (1) there is a pattern of regular supply and purchase
15-24 of the chemical precursor [substance] between the furnisher and the
15-25 recipient; or
15-26 (2) the recipient has established a record of use of
15-27 the chemical precursor [substance] solely for a lawful purpose.
16-1 (i) A manufacturer, wholesaler, retailer, or other person
16-2 who receives from a source outside this state a chemical precursor
16-3 [substance] subject to Subsection (a) or who discovers a loss or
16-4 theft of a chemical precursor [substance] subject to Subsection (a)
16-5 shall:
16-6 (1) submit a report of the transaction to the director
16-7 in accordance with department rule; and
16-8 (2) include in the report:
16-9 (A) any difference between the amount of the
16-10 chemical precursor [substance] actually received and the amount of
16-11 the chemical precursor [substance] shipped according to the
16-12 shipping statement or invoice; or
16-13 (B) the amount of the loss or theft.
16-14 (j) A report under Subsection (i) must:
16-15 (1) be made not later than the third day after the
16-16 date that the manufacturer, wholesaler, retailer, or other person
16-17 learns of the discrepancy, loss, or theft; and
16-18 (2) if the discrepancy, loss, or theft occurred during
16-19 a shipment of the chemical precursor [substance], include the name
16-20 of the common carrier or person who transported the chemical
16-21 precursor [substance] and the date that the chemical precursor
16-22 [substance] was shipped.
16-23 (k) Unless the person is the holder of only a permit issued
16-24 under Section 481.078(b)(1), a manufacturer, wholesaler, retailer,
16-25 or other person who sells, transfers, or otherwise furnishes any
16-26 chemical precursor [substance] subject to Subsection (a) or a
16-27 permit holder, commercial purchaser, or other person who receives a
17-1 chemical precursor subject to [substance governed by] Subsection
17-2 (a):
17-3 (1) shall maintain records and inventories in
17-4 accordance with rules established by the director;
17-5 (2) shall allow a member of the department [Department
17-6 of Public Safety] or a peace officer to conduct audits and inspect
17-7 records of purchases and sales and all other records made in
17-8 accordance with this section at any reasonable time; and
17-9 (3) may not interfere with the audit or with the full
17-10 and complete inspection or copying of those records.
17-11 (l) This section does not apply to the sale or transfer of a
17-12 nonnarcotic product that includes a chemical precursor [substance]
17-13 subject to Subsection (a) if the sale or transfer complies with
17-14 federal law and involves a product that may be sold lawfully with a
17-15 prescription or over the counter without a prescription under the
17-16 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
17-17 seq.) or a rule adopted under that Act.
17-18 SECTION 13. Sections 481.078(a) and (b), Health and Safety
17-19 Code, are amended to read as follows:
17-20 (a) A person must obtain a chemical precursor transfer
17-21 permit from the department [Department of Public Safety] to be
17-22 eligible:
17-23 (1) to sell, transfer, or otherwise furnish a chemical
17-24 precursor [substance] subject to Section 481.077(a) to a person in
17-25 this state;
17-26 (2) to receive a chemical precursor [substance]
17-27 subject to Section 481.077(a) from a source outside this state; or
18-1 (3) to receive a chemical precursor [substance]
18-2 subject to Section 481.077(a) if the person, in receiving the
18-3 chemical precursor [substance], does not represent a business.
18-4 (b) The director by rule shall adopt procedures and
18-5 standards for the issuance and renewal or the voluntary surrender,
18-6 cancellation, suspension, probation, or revocation of:
18-7 (1) a permit for one sale, transfer, receipt, or
18-8 otherwise furnishing of a chemical [controlled substance]
18-9 precursor; or
18-10 (2) a permit for more than one sale, transfer,
18-11 receipt, or otherwise furnishing of a chemical [controlled
18-12 substance] precursor.
18-13 SECTION 14. Section 481.080, Health and Safety Code, is
18-14 amended to read as follows:
18-15 Sec. 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
18-16 REQUIREMENTS AND PENALTIES. (a) [In this section, "chemical
18-17 laboratory apparatus" means any item of equipment designed, made,
18-18 or adapted to manufacture a controlled substance or a controlled
18-19 substance analogue, including:]
18-20 [(1) a condenser;]
18-21 [(2) a distilling apparatus;]
18-22 [(3) a vacuum drier;]
18-23 [(4) a three-neck or distilling flask;]
18-24 [(5) a tableting machine;]
18-25 [(6) an encapsulating machine;]
18-26 [(7) a filter, Buchner, or separatory funnel;]
18-27 [(8) an Erlenmeyer, two-neck, or single-neck flask;]
19-1 [(9) a round-bottom, Florence, thermometer, or
19-2 filtering flask;]
19-3 [(10) a Soxhlet extractor;]
19-4 [(11) a transformer;]
19-5 [(12) a flask heater;]
19-6 [(13) a heating mantel; or]
19-7 [(14) an adaptor tube.]
19-8 [(b)] A manufacturer, wholesaler, retailer, or other person
19-9 who sells, transfers, or otherwise furnishes a chemical laboratory
19-10 apparatus shall make an accurate and legible record of the
19-11 transaction and maintain the record for at least two years after
19-12 the date of the transaction.
19-13 (b) [(c)] The director may adopt rules to implement this
19-14 section.
19-15 (c) [(d)] The director by rule may:
19-16 (1) name an additional item of equipment as a chemical
19-17 laboratory apparatus for purposes of Subsection (a) if the director
19-18 determines that public health and welfare are jeopardized by
19-19 evidenced proliferation or use of the item of equipment [a chemical
19-20 laboratory apparatus] in the illicit manufacture of a controlled
19-21 substance or controlled substance analogue; or
19-22 (2) exempt a chemical laboratory [delete an] apparatus
19-23 from the requirement of [listed in] Subsection (a) if the director
19-24 determines that the apparatus does not jeopardize public health and
19-25 welfare or is not used in the illicit manufacture of a controlled
19-26 substance or a controlled substance analogue.
19-27 (d) [(e)] This section and Section 481.081 do not apply to a
20-1 person to whom a registration has been issued under Section
20-2 481.063.
20-3 (e) [(f)] Before selling, transferring, or otherwise
20-4 furnishing to a person in this state a chemical laboratory [an]
20-5 apparatus subject to Subsection (a), a manufacturer, wholesaler,
20-6 retailer, or other person shall:
20-7 (1) if the recipient does not represent a business,
20-8 obtain from the recipient:
20-9 (A) the recipient's driver's license number or
20-10 other personal identification certificate number, date of birth,
20-11 and residential or mailing address, other than a post office box
20-12 number, from a driver's license or personal identification
20-13 certificate [card] issued by the department [Department of Public
20-14 Safety] that contains a photograph of the recipient;
20-15 (B) the year, state, and number of the motor
20-16 vehicle license of the motor vehicle owned or operated by the
20-17 recipient;
20-18 (C) a complete description of how the apparatus
20-19 is to be used; and
20-20 (D) the recipient's signature; or
20-21 (2) if the recipient represents a business, obtain
20-22 from the recipient:
20-23 (A) a letter of authorization from the business
20-24 that includes the business license or comptroller tax
20-25 identification number, address, area code, and telephone number and
20-26 a complete description of how the apparatus is to be used; and
20-27 (B) the recipient's signature; and
21-1 (3) for any recipient, sign as a witness to the
21-2 signature and identification of the recipient.
21-3 (f) [(g)] If the recipient does not represent a business,
21-4 the recipient shall present to the manufacturer, wholesaler,
21-5 retailer, or other person a permit issued in the name of the
21-6 recipient by the department [Department of Public Safety] under
21-7 Section 481.081.
21-8 (g) [(h)] Except as provided by Subsection (i) [(j)], a
21-9 manufacturer, wholesaler, retailer, or other person who sells,
21-10 transfers, or otherwise furnishes to a person in this state a
21-11 chemical laboratory [an] apparatus subject to Subsection (a)
21-12 shall, at least 21 days before the delivery of the apparatus,
21-13 submit a report of the transaction on a form obtained from the
21-14 director that includes the information required by Subsection (e)
21-15 [(f)].
21-16 (h) [(i)] The director shall supply to a manufacturer,
21-17 wholesaler, retailer, or other person who sells, transfers, or
21-18 otherwise furnishes a chemical laboratory [an] apparatus subject to
21-19 Subsection (a) a form for the submission of:
21-20 (1) the report required by Subsection (g) [(h)];
21-21 (2) the name and number of apparatus delivered; and
21-22 (3) any other information required by the director.
21-23 (i) [(j)] The director may authorize a manufacturer,
21-24 wholesaler, retailer, or other person to submit a comprehensive
21-25 monthly report instead of the report required by Subsection (g)
21-26 [(h)] if the director determines that:
21-27 (1) there is a pattern of regular supply and purchase
22-1 of the apparatus between the furnisher and the recipient; or
22-2 (2) the recipient has established a record of use of
22-3 the apparatus solely for a lawful purpose.
22-4 (j) [(k)] A manufacturer, wholesaler, retailer, or other
22-5 person who receives from a source outside this state a chemical
22-6 laboratory [an] apparatus subject to Subsection (a) or who
22-7 discovers a loss or theft of such an apparatus [subject to
22-8 Subsection (a)] shall:
22-9 (1) submit a report of the transaction to the director
22-10 in accordance with department rule; and
22-11 (2) include in the report:
22-12 (A) any difference between the number of the
22-13 apparatus actually received and the number of the apparatus shipped
22-14 according to the shipping statement or invoice; or
22-15 (B) the number of the loss or theft.
22-16 (k) [(l)] A report under Subsection (j) [(k)] must:
22-17 (1) be made not later than the third day after the
22-18 date that the manufacturer, wholesaler, retailer, or other person
22-19 learns of the discrepancy, loss, or theft; and
22-20 (2) if the discrepancy, loss, or theft occurred during
22-21 a shipment of the apparatus, include the name of the common carrier
22-22 or person who transported the apparatus and the date that the
22-23 apparatus was shipped.
22-24 (l) [(m)] This subsection applies to a manufacturer,
22-25 wholesaler, retailer, or other person who sells, transfers, or
22-26 otherwise furnishes any chemical laboratory apparatus subject to
22-27 Subsection (a) and to a permit holder, commercial purchaser, or
23-1 other person who receives such an apparatus [governed by Subsection
23-2 (a)] unless the person is the holder of only a permit issued under
23-3 Section 481.081(b)(1). A person covered by this subsection:
23-4 (1) shall maintain records and inventories in
23-5 accordance with rules established by the director;
23-6 (2) shall allow a member of the department [Department
23-7 of Public Safety] or a peace officer to conduct audits and inspect
23-8 records of purchases and sales and all other records made in
23-9 accordance with this section at any reasonable time; and
23-10 (3) may not interfere with the audit or with the full
23-11 and complete inspection or copying of those records.
23-12 SECTION 15. Section 481.081(a), Health and Safety Code, is
23-13 amended to read as follows:
23-14 (a) A person must obtain a chemical laboratory apparatus
23-15 transfer permit from the department [Department of Public Safety]
23-16 to be eligible:
23-17 (1) to sell, transfer, or otherwise furnish an
23-18 apparatus subject to Section 481.080(a) to a person in this state;
23-19 (2) to receive an apparatus subject to Section
23-20 481.080(a) from a source outside this state; or
23-21 (3) to receive an apparatus subject to Section
23-22 481.080(a) if the person, in receiving the apparatus, does not
23-23 represent a business.
23-24 SECTION 16. Section 481.102, Health and Safety Code, is
23-25 amended to read as follows:
23-26 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
23-27 (1) the following opiates, including their isomers,
24-1 esters, ethers, salts, and salts of isomers, esters, and ethers,
24-2 unless specifically excepted, if the existence of these isomers,
24-3 esters, ethers, and salts is possible within the specific chemical
24-4 designation:
24-5 Alfentanil;
24-6 Allylprodine;
24-7 Alphacetylmethadol;
24-8 Benzethidine;
24-9 Betaprodine;
24-10 Clonitazene;
24-11 Diampromide;
24-12 Diethylthiambutene;
24-13 Difenoxin not listed in Penalty Group 3 or 4;
24-14 Dimenoxadol;
24-15 Dimethylthiambutene;
24-16 Dioxaphetyl butyrate;
24-17 Dipipanone;
24-18 Ethylmethylthiambutene;
24-19 Etonitazene;
24-20 Etoxeridine;
24-21 Furethidine;
24-22 Hydroxypethidine;
24-23 Ketobemidone;
24-24 Levophenacylmorphan;
24-25 Meprodine;
24-26 Methadol;
24-27 Moramide;
25-1 Morpheridine;
25-2 Noracymethadol;
25-3 Norlevorphanol;
25-4 Normethadone;
25-5 Norpipanone;
25-6 Phenadoxone;
25-7 Phenampromide;
25-8 Phenomorphan;
25-9 Phenoperidine;
25-10 Piritramide;
25-11 Proheptazine;
25-12 Properidine;
25-13 Propiram;
25-14 Sufentanil;
25-15 Tilidine; and
25-16 Trimeperidine;
25-17 (2) the following opium derivatives, their salts,
25-18 isomers, and salts of isomers, unless specifically excepted, if the
25-19 existence of these salts, isomers, and salts of isomers is possible
25-20 within the specific chemical designation:
25-21 Acetorphine;
25-22 Acetyldihydrocodeine;
25-23 Benzylmorphine;
25-24 Codeine methylbromide;
25-25 Codeine-N-Oxide;
25-26 Cyprenorphine;
25-27 Desomorphine;
26-1 Dihydromorphine;
26-2 Drotebanol;
26-3 Etorphine, except hydrochloride salt;
26-4 Heroin;
26-5 Hydromorphinol;
26-6 Methyldesorphine;
26-7 Methyldihydromorphine;
26-8 Monoacetylmorphine;
26-9 Morphine methylbromide;
26-10 Morphine methylsulfonate;
26-11 Morphine-N-Oxide;
26-12 Myrophine;
26-13 Nicocodeine;
26-14 Nicomorphine;
26-15 Normorphine;
26-16 Pholcodine; and
26-17 Thebacon;
26-18 (3) the following substances, however produced, except
26-19 those narcotic drugs listed in another group:
26-20 (A) Opium and opiate not listed in Penalty Group
26-21 3 or 4, and a salt, compound, derivative, or preparation of opium
26-22 or opiate, other than thebaine derived butorphanol, nalmefene and
26-23 its salts, naloxone and its salts, and naltrexone and its salts,
26-24 but including:
26-25 Codeine not listed in Penalty Group 3 or 4;
26-26 Ethylmorphine not listed in Penalty Group 3 or 4;
26-27 Granulated opium;
27-1 Hydrocodone not listed in Penalty Group 3;
27-2 Hydromorphone;
27-3 Metopon;
27-4 Morphine not listed in Penalty Group 3;
27-5 Opium extracts;
27-6 Opium fluid extracts;
27-7 Oxycodone;
27-8 Oxymorphone;
27-9 Powdered opium;
27-10 Raw opium;
27-11 Thebaine; and
27-12 Tincture of opium;
27-13 (B) a salt, compound, isomer, derivative, or
27-14 preparation of a substance that is chemically equivalent or
27-15 identical to a substance described by Paragraph (A), other than the
27-16 isoquinoline alkaloids of opium;
27-17 (C) Opium poppy and poppy straw;
27-18 (D) Cocaine, including:
27-19 (i) its salts, its optical, position, and
27-20 geometric isomers, and the salts of those isomers;
27-21 (ii) coca leaves and a salt, compound,
27-22 derivative, or preparation of coca leaves;
27-23 (iii) a salt, compound, derivative, or
27-24 preparation of a salt, compound, or derivative that is chemically
27-25 equivalent or identical to a substance described by Subparagraph
27-26 (i) or (ii), other than decocainized coca leaves or extractions of
27-27 coca leaves that do not contain cocaine or ecgonine; and
28-1 (E) concentrate of poppy straw, meaning the
28-2 crude extract of poppy straw in liquid, solid, or powder form that
28-3 contains the phenanthrine alkaloids of the opium poppy;
28-4 (4) the following opiates, including their isomers,
28-5 esters, ethers, salts, and salts of isomers, if the existence of
28-6 these isomers, esters, ethers, and salts is possible within the
28-7 specific chemical designation:
28-8 Acetyl-alpha-methylfentanyl
28-9 (N-1-(1-methyl-2-phenethyl)-4-piperidinyl-N-phenylacetamide);
28-10 Alpha-methylthiofentanyl
28-11 (N-1-methyl-2-(2-thienyl)ethyl-4-piperidinyl-N-phenylpropanamide);
28-12 Alphaprodine;
28-13 Anileridine;
28-14 Beta-hydroxyfentanyl
28-15 (N-1-(2-hydroxy-2-phenethyl)-4-piperidinyl-N-phenylpropanamide);
28-16 Beta-hydroxy-3-methylfentanyl;
28-17 Bezitramide;
28-18 Carfentanil;
28-19 Dihydrocodeine not listed in Penalty Group 3 or
28-20 4;
28-21 Diphenoxylate not listed in Penalty Group 3 or 4;
28-22 Fentanyl or alpha-methylfentanyl, or any other
28-23 derivative of Fentanyl;
28-24 Isomethadone;
28-25 Levomethorphan;
28-26 Levorphanol;
28-27 Metazocine;
29-1 Methadone;
29-2 Methadone-Intermediate,
29-3 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
29-4 3-methylfentanyl(N-3-methyl-1-(2-phenylethyl)-
29-5 4-piperidyl-N-phenylpropanamide);
29-6 3-methylthiofentanyl(N-3-methyl-1-(2-thienyl)
29-7 ethyl-4-piperidinyl -N-phenylpropanamide);
29-8 Moramide-Intermediate, 2-methyl-3-morpholino-1,
29-9 1-diphenyl-propane-carboxylic acid;
29-10 Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
29-11 (2-phenylethyl)-4-piperidinylpropanamide);
29-12 PEPAP
29-13 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
29-14 Pethidine (Meperidine);
29-15 Pethidine-Intermediate-A,
29-16 4-cyano-1-methyl-4-phenylpiperidine;
29-17 Pethidine-Intermediate-B,
29-18 ethyl-4-phenylpiperidine-4 carboxylate;
29-19 Pethidine-Intermediate-C,
29-20 1-methyl-4-phenylpiperidine-4-carboxylic acid;
29-21 Phenazocine;
29-22 Piminodine;
29-23 Racemethorphan;
29-24 Racemorphan;
29-25 Remifentanil; and
29-26 Thiofentanyl(N-phenyl-N-1-(2-thienyl)ethyl-4-
29-27 piperidinyl-propanamide);
30-1 (5) Flunitrazepam (some trade or other names:
30-2 Rohypnol);
30-3 (6) Methamphetamine, including its salts, optical
30-4 isomers, and salts of optical isomers;
30-5 (7) Phenylacetone and methylamine, if possessed
30-6 together with intent to manufacture methamphetamine;
30-7 (8) Phencyclidine, including its salts; and
30-8 (9) Gamma hydroxybutyric acid (some trade or other
30-9 names: gamma hydroxybutyrate, GHB), including its salts.
30-10 SECTION 17. Section 481.103(a), Health and Safety Code, is
30-11 amended to read as follows:
30-12 (a) Penalty Group 2 consists of:
30-13 (1) any quantity of the following hallucinogenic
30-14 substances, their salts, isomers, and salts of isomers, unless
30-15 specifically excepted, if the existence of these salts, isomers,
30-16 and salts of isomers is possible within the specific chemical
30-17 designation:
30-18 alpha-ethyltryptamine;
30-19 4-bromo-2, 5-dimethoxyamphetamine (some trade or
30-20 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
30-21 4-bromo-2, 5-DMA);
30-22 4-bromo-2, 5-dimethoxyphenethylamine;
30-23 Bufotenine (some trade and other names:
30-24 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
30-25 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
30-26 5-hydroxy-N, N-dimethyltryptamine; mappine);
30-27 Diethyltryptamine (some trade and other names:
31-1 N, N-Diethyltryptamine, DET);
31-2 2, 5-dimethoxyamphetamine (some trade or other
31-3 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
31-4 2, 5-dimethoxy-4-ethylamphetamine (some trade or
31-5 other names: DOET);
31-6 Dimethyltryptamine (some trade and other names:
31-7 DMT);
31-8 Dronabinol (synthetic) in sesame oil and
31-9 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
31-10 Administration approved drug product (some trade or other names for
31-11 Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
31-12 6,6,9-trimethyl-3-pentyl-6H- dibenzo b,dpyran-1-ol or
31-13 (-)-delta-9-(trans)-tetrahydrocannabinol);
31-14 Ethylamine Analog of Phencyclidine (some trade or
31-15 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
31-16 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
31-17 Ibogaine (some trade or other names: 7-Ethyl-6,
31-18 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
31-19 9-methano-5H-pyrido 1', 2':1, 2 azepino 5, 4-b indole; tabernanthe
31-20 iboga.);
31-21 Ketamine;
31-22 Mescaline;
31-23 5-methoxy-3, 4-methylenedioxy amphetamine;
31-24 4-methoxyamphetamine (some trade or other names:
31-25 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
31-26 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP,
31-27 PPMP);
32-1 4-methyl-2, 5-dimethoxyamphetamine (some trade
32-2 and other names: 4-methyl-2,
32-3 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
32-4 3,4-methylenedioxy methamphetamine (MDMA, MDM);
32-5 3,4-methylenedioxy amphetamine;
32-6 3,4-methylenedioxy N-ethylamphetamine (Also known
32-7 as N-ethyl MDA);
32-8 Nabilone (Another name for nabilone:
32-9 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
32-10 hydroxy-6,6-dimethyl-9H-dibenzob,dpyran-9-one;
32-11 N-ethyl-3-piperidyl benzilate;
32-12 N-hydroxy-3,4-methylenedioxyamphetamine (Also
32-13 known as N-hydroxy MDA);
32-14 4-methylaminorex;
32-15 N-methyl-3-piperidyl benzilate;
32-16 Parahexyl (some trade or other names:
32-17 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
32-18 9-trimethyl-6H-dibenzo b, d pyran; Synhexyl);
32-19 1-Phenylcyclohexylamine;
32-20 1-Piperidinocyclohexanecarbonitrile (PCC);
32-21 Psilocin;
32-22 Psilocybin;
32-23 Pyrrolidine Analog of Phencyclidine (some trade
32-24 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
32-25 Tetrahydrocannabinols, other than marihuana, and
32-26 synthetic equivalents of the substances contained in the plant, or
32-27 in the resinous extractives of Cannabis, or synthetic substances,
33-1 derivatives, and their isomers with similar chemical structure and
33-2 pharmacological activity such as:
33-3 delta-1 cis or trans tetrahydrocannabinol,
33-4 and their optical isomers;
33-5 delta-6 cis or trans tetrahydrocannabinol,
33-6 and their optical isomers;
33-7 delta-3, 4 cis or trans
33-8 tetrahydrocannabinol, and its optical isomers;
33-9 compounds of these structures, regardless
33-10 of numerical designation of atomic positions, since nomenclature of
33-11 these substances is not internationally standardized;
33-12 Thiophene Analog of Phencyclidine (some trade or
33-13 other names: 1-1-(2-thienyl) cyclohexyl piperidine; 2-Thienyl
33-14 Analog of Phencyclidine; TPCP, TCP);
33-15 1-1-(2-thienyl)cyclohexylpyrrolidine (some trade
33-16 or other names: TCPy); and
33-17 3,4,5-trimethoxy amphetamine;
33-18 (2) Phenylacetone (some trade or other names:
33-19 Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone);
33-20 and
33-21 (3) unless specifically excepted or unless listed in
33-22 another Penalty Group, a material, compound, mixture, or
33-23 preparation that contains any quantity of the following substances
33-24 having a potential for abuse associated with a depressant or
33-25 stimulant effect on the central nervous system:
33-26 Aminorex (some trade or other names:
33-27 aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
34-1 4,5-dihydro-5-phenyl-2-oxazolamine);
34-2 Amphetamine, its salts, optical isomers, and
34-3 salts of optical isomers;
34-4 Cathinone (some trade or other names:
34-5 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
34-6 2-aminopropiophenone);
34-7 Etorphine Hydrochloride;
34-8 Fenethylline and its salts;
34-9 Mecloqualone and its salts;
34-10 Methaqualone and its salts;
34-11 Methcathinone (some trade or other names:
34-12 2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
34-13 2-(methylamino)-1-phenylpropan-1-one;
34-14 alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
34-15 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
34-16 1431);
34-17 N-Ethylamphetamine, its salts, optical isomers,
34-18 and salts of optical isomers; and
34-19 N,N-dimethylamphetamine (some trade or other
34-20 names: N,N,alpha-trimethylbenzeneethaneamine;
34-21 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
34-22 salts of optical isomers.
34-23 SECTION 18. Section 481.104(a), Health and Safety Code, is
34-24 amended to read as follows:
34-25 (a) Penalty Group 3 consists of:
34-26 (1) a material, compound, mixture, or preparation that
34-27 contains any quantity of the following substances having a
35-1 potential for abuse associated with a stimulant effect on the
35-2 central nervous system:
35-3 Methylphenidate and its salts; and
35-4 Phenmetrazine and its salts;
35-5 (2) a material, compound, mixture, or preparation that
35-6 contains any quantity of the following substances having a
35-7 potential for abuse associated with a depressant effect on the
35-8 central nervous system:
35-9 a substance that contains any quantity of a
35-10 derivative of barbituric acid, or any salt of a derivative of
35-11 barbituric acid not otherwise described [covered] by this
35-12 subsection;
35-13 a compound, mixture, or preparation containing
35-14 amobarbital, secobarbital, pentobarbital, or any salt of any of
35-15 these, and one or more active medicinal ingredients that are not
35-16 listed in any penalty group;
35-17 a suppository dosage form containing amobarbital,
35-18 secobarbital, pentobarbital, or any salt of any of these drugs, and
35-19 approved by the United States Food and Drug Administration for
35-20 marketing only as a suppository;
35-21 Alprazolam;
35-22 Amobarbital;
35-23 Bromazepam;
35-24 Camazepam;
35-25 Chlordiazepoxide;
35-26 Chlorhexadol;
35-27 Clobazam;
36-1 Clonazepam;
36-2 Clorazepate;
36-3 Clotiazepam;
36-4 Cloxazolam;
36-5 Delorazepam;
36-6 Diazepam;
36-7 Estazolam;
36-8 Ethyl loflazepate;
36-9 Fludiazepam;
36-10 Flurazepam;
36-11 Glutethimide;
36-12 Halazepam;
36-13 Haloxzolam;
36-14 Ketazolam;
36-15 Loprazolam;
36-16 Lorazepam;
36-17 Lormetazepam;
36-18 Lysergic acid, including its salts, isomers, and
36-19 salts of isomers;
36-20 Lysergic acid amide, including its salts,
36-21 isomers, and salts of isomers;
36-22 Mebutamate;
36-23 Medazepam;
36-24 Methyprylon;
36-25 Midazolam;
36-26 Nimetazepam;
36-27 Nitrazepam;
37-1 Nordiazepam;
37-2 Oxazepam;
37-3 Oxazolam;
37-4 Pentazocine, its salts, derivatives, or compounds
37-5 or mixtures thereof;
37-6 Pentobarbital;
37-7 Pinazepam;
37-8 Prazepam;
37-9 Quazepam;
37-10 Secobarbital;
37-11 Sulfondiethylmethane;
37-12 Sulfonethylmethane;
37-13 Sulfonmethane;
37-14 Temazepam;
37-15 Tetrazepam;
37-16 Tiletamine and zolazepam in combination, and its
37-17 salts. (some trade or other names for a tiletamine-zolazepam
37-18 combination product: Telazol, for tiletamine:
37-19 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
37-20 4 - ( 2 - f l u o r o p h e n y l ) - 6 ,
37-21 8-dihydro-1,3,8,-trimethylpyrazolo-3,4-e(1,4)-d diazepin-7(1H)-one,
37-22 flupyrazapon);
37-23 Triazolam;
37-24 Zaleplon; and
37-25 Zolpidem;
37-26 (3) Nalorphine;
37-27 (4) a material, compound, mixture, or preparation
38-1 containing limited quantities of the following narcotic drugs, or
38-2 any of their salts:
38-3 not more than 1.8 grams of codeine, or any of its
38-4 salts, per 100 milliliters or not more than 90 milligrams per
38-5 dosage unit, with an equal or greater quantity of an isoquinoline
38-6 alkaloid of opium;
38-7 not more than 1.8 grams of codeine, or any of its
38-8 salts, per 100 milliliters or not more than 90 milligrams per
38-9 dosage unit, with one or more active, nonnarcotic ingredients in
38-10 recognized therapeutic amounts;
38-11 not more than 300 milligrams of dihydrocodeinone
38-12 (hydrocodone), or any of its salts, per 100 milliliters or not more
38-13 than 15 milligrams per dosage unit, with a fourfold or greater
38-14 quantity of an isoquinoline alkaloid of opium;
38-15 not more than 300 milligrams of dihydrocodeinone
38-16 (hydrocodone), or any of its salts, per 100 milliliters or not more
38-17 than 15 milligrams per dosage unit, with one or more active,
38-18 nonnarcotic ingredients in recognized therapeutic amounts;
38-19 not more than 1.8 grams of dihydrocodeine, or any
38-20 of its salts, per 100 milliliters or not more than 90 milligrams
38-21 per dosage unit, with one or more active, nonnarcotic ingredients
38-22 in recognized therapeutic amounts;
38-23 not more than 300 milligrams of ethylmorphine, or
38-24 any of its salts, per 100 milliliters or not more than 15
38-25 milligrams per dosage unit, with one or more active, nonnarcotic
38-26 ingredients in recognized therapeutic amounts;
38-27 not more than 500 milligrams of opium per 100
39-1 milliliters or per 100 grams, or not more than 25 milligrams per
39-2 dosage unit, with one or more active, nonnarcotic ingredients in
39-3 recognized therapeutic amounts;
39-4 not more than 50 milligrams of morphine, or any
39-5 of its salts, per 100 milliliters or per 100 grams with one or more
39-6 active, nonnarcotic ingredients in recognized therapeutic amounts;
39-7 and
39-8 not more than 1 milligram of difenoxin and not
39-9 less than 25 micrograms of atropine sulfate per dosage unit;
39-10 (5) a material, compound, mixture, or preparation that
39-11 contains any quantity of the following substances:
39-12 Barbital;
39-13 Chloral betaine;
39-14 Chloral hydrate;
39-15 Ethchlorvynol;
39-16 Ethinamate;
39-17 Meprobamate;
39-18 Methohexital;
39-19 Methylphenobarbital (Mephobarbital);
39-20 Paraldehyde;
39-21 Petrichloral; and
39-22 Phenobarbital;
39-23 (6) Peyote, unless unharvested and growing in its
39-24 natural state, meaning all parts of the plant classified
39-25 botanically as Lophophora, whether growing or not, the seeds of the
39-26 plant, an extract from a part of the plant, and every compound,
39-27 manufacture, salt, derivative, mixture, or preparation of the
40-1 plant, its seeds, or extracts;
40-2 (7) unless listed in another penalty group, a
40-3 material, compound, mixture, or preparation that contains any
40-4 quantity of the following substances having a stimulant effect on
40-5 the central nervous system, including the substance's salts,
40-6 optical, position, or geometric isomers, and salts of the
40-7 substance's isomers, if the existence of the salts, isomers, and
40-8 salts of isomers is possible within the specific chemical
40-9 designation:
40-10 Benzphetamine;
40-11 Cathine (+)-norpseudoephedrine;
40-12 Chlorphentermine;
40-13 Clortermine;
40-14 Diethylpropion;
40-15 Fencamfamin;
40-16 Fenfluramine;
40-17 Fenproporex;
40-18 Mazindol;
40-19 Mefenorex;
40-20 Modafinil;
40-21 Pemoline (including organometallic complexes and
40-22 their chelates);
40-23 Phendimetrazine;
40-24 Phentermine;
40-25 Pipradrol;
40-26 Sibutramine; and
40-27 SPA (-)-1-dimethylamino-1,2-diphenylethane;
41-1 (8) unless specifically excepted or unless listed in
41-2 another penalty group, a material, compound, mixture, or
41-3 preparation that contains any quantity of the following substance,
41-4 including its salts:
41-5 Dextropropoxyphene
41-6 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
41-7 and
41-8 (9) an anabolic steroid or any substance that is
41-9 chemically or pharmacologically related to testosterone, other than
41-10 an estrogen, progestin, or corticosteroid, and promotes muscle
41-11 growth, including:
41-12 Boldenone;
41-13 Chlorotestosterone (4-chlortestosterone);
41-14 Clostebol;
41-15 Dehydrochlormethyltestosterone;
41-16 Dihydrotestosterone (4-dihydrotestosterone);
41-17 Drostanolone;
41-18 Ethylestrenol;
41-19 Fluoxymesterone;
41-20 Formebulone;
41-21 Mesterolone;
41-22 Methandienone;
41-23 Methandranone;
41-24 Methandriol;
41-25 Methandrostenolone;
41-26 Methenolone;
41-27 Methyltestosterone;
42-1 Mibolerone;
42-2 Nandrolone;
42-3 Norethandrolone;
42-4 Oxandrolone;
42-5 Oxymesterone;
42-6 Oxymetholone;
42-7 Stanolone;
42-8 Stanozolol;
42-9 Testolactone;
42-10 Testosterone; and
42-11 Trenbolone.
42-12 SECTION 19. Section 481.105, Health and Safety Code, is
42-13 amended to read as follows:
42-14 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
42-15 (1) a compound, mixture, or preparation containing
42-16 limited quantities of any of the following narcotic drugs that
42-17 includes one or more nonnarcotic active medicinal ingredients in
42-18 sufficient proportion to confer on the compound, mixture, or
42-19 preparation valuable medicinal qualities other than those possessed
42-20 by the narcotic drug alone:
42-21 not more than 200 milligrams of codeine per 100
42-22 milliliters or per 100 grams;
42-23 not more than 100 milligrams of dihydrocodeine
42-24 per 100 milliliters or per 100 grams;
42-25 not more than 100 milligrams of ethylmorphine per
42-26 100 milliliters or per 100 grams;
42-27 not more than 2.5 milligrams of diphenoxylate and
43-1 not less than 25 micrograms of atropine sulfate per dosage unit;
43-2 not more than 15 milligrams of opium per 29.5729
43-3 milliliters or per 28.35 grams; and
43-4 not more than 0.5 milligram of difenoxin and not
43-5 less than 25 micrograms of atropine sulfate per dosage unit;
43-6 (2) unless specifically excepted or unless listed in
43-7 another penalty group, a material, compound, mixture, or
43-8 preparation containing any quantity of the narcotic drug
43-9 Buprenorphine or Butorphanol or a salt of either [its salts]; and
43-10 (3) unless specifically exempted or excluded or unless
43-11 listed in another penalty group, any material, compound, mixture,
43-12 or preparation that contains any quantity of pyrovalerone, a
43-13 substance having a stimulant effect on the central nervous system,
43-14 including its salts, isomers, and salts of isomers.
43-15 SECTION 20. Section 481.122, Health and Safety Code, is
43-16 amended to read as follows:
43-17 Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR
43-18 MARIHUANA TO CHILD [MINOR]. (a) A [Except as provided by this
43-19 chapter, a] person commits an offense if the person knowingly
43-20 delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
43-21 or 3 or knowingly delivers marihuana and the person delivers the
43-22 controlled substance or marihuana to a person:
43-23 (1) who is a child [17 years of age or younger];
43-24 (2) [who the actor knows or believes intends to
43-25 deliver the controlled substance or marihuana to a person 17 years
43-26 of age or younger;]
43-27 [(3)] who is enrolled in a public or private primary
44-1 [an elementary] or secondary school; or
44-2 (3) [(4)] who the actor knows or believes intends to
44-3 deliver the controlled substance or marihuana to a person described
44-4 by Subdivision (1) or (2) [who is enrolled in an elementary or
44-5 secondary school].
44-6 (b) It is an affirmative defense to prosecution under this
44-7 section that:
44-8 (1) the actor was a child [younger than 18 years of
44-9 age] when the offense was committed; or
44-10 (2) the actor:
44-11 (A) was younger than 21 years of age when the
44-12 offense was committed;
44-13 (B) [and] delivered only marihuana in an amount
44-14 equal to or less than one-fourth ounce; and
44-15 (C) [for which the actor] did not receive
44-16 remuneration for the delivery.
44-17 (c) An offense under this section is a felony of the second
44-18 degree.
44-19 (d) In this section, "child" means a person younger than 18
44-20 years of age.
44-21 (e) If conduct that is an offense under this section is also
44-22 an offense under another section of this chapter, the actor may be
44-23 prosecuted under either section or both.
44-24 SECTION 21. Section 481.126(a), Health and Safety Code, is
44-25 amended to read as follows:
44-26 (a) A person commits an offense if the person [knowingly or
44-27 intentionally]:
45-1 (1) expends funds the person knows are derived from
45-2 the commission of an offense under this chapter punishable by
45-3 imprisonment in the institutional division of the Texas Department
45-4 of Criminal Justice for life [under Section 481.112(e) or (f),
45-5 481.113(e), 481.114(e), 481.115(f), 481.116(e), 481.117(e),
45-6 481.118(e), 481.120(b)(6), or 481.121(b)(6)]; or
45-7 (2) finances or invests funds the person knows or
45-8 believes are intended to further the commission of an offense for
45-9 which the punishment is described by [listed under] Subdivision
45-10 (1).
45-11 SECTION 22. Section 481.128(a), Health and Safety Code, is
45-12 amended to read as follows:
45-13 (a) A registrant or dispenser commits an offense if the
45-14 registrant or dispenser knowingly:
45-15 (1) distributes, delivers, administers, or dispenses a
45-16 controlled substance in violation of Sections 481.070-481.075;
45-17 (2) manufactures a controlled substance not authorized
45-18 by the person's registration or distributes or dispenses a
45-19 controlled substance not authorized by the person's registration to
45-20 another registrant or other person;
45-21 (3) refuses or fails to make, keep, or furnish a
45-22 record, report, notification, order form, statement, invoice, or
45-23 information required by this chapter;
45-24 (4) prints, manufactures, possesses, or produces an [a
45-25 prescription sticker or] official prescription form without the
45-26 approval of the director;
45-27 (5) delivers or possesses a counterfeit [prescription
46-1 sticker or] official prescription form;
46-2 (6) refuses an entry into a premise for an inspection
46-3 authorized by this chapter;
46-4 (7) refuses or fails to return an official [a]
46-5 prescription form [sticker] as required by Section 481.075(k);
46-6 (8) refuses or fails to make, keep, or furnish a
46-7 record, report, notification, order form, statement, invoice, or
46-8 information required by a rule adopted by the director; or
46-9 (9) refuses or fails to maintain security required by
46-10 this chapter or a rule adopted under this chapter.
46-11 SECTION 23. Section 481.129(a), Health and Safety Code, is
46-12 amended to read as follows:
46-13 (a) A person commits an offense if the person knowingly:
46-14 (1) distributes as a registrant or dispenser a
46-15 controlled substance listed in Schedule I or II, unless the person
46-16 distributes the controlled substance under an order form as
46-17 required by Section 481.069;
46-18 (2) uses in the course of manufacturing, prescribing,
46-19 or distributing a controlled substance a registration number that
46-20 is fictitious, revoked, suspended, or issued to another person;
46-21 (3) issues a prescription bearing a forged or
46-22 fictitious signature;
46-23 (4) uses a prescription [sticker] issued to another
46-24 person to prescribe a Schedule II controlled substance;
46-25 (5) [(4)] possesses, obtains, or attempts to possess
46-26 or obtain a controlled substance or an increased quantity of a
46-27 controlled substance:
47-1 (A) by misrepresentation, fraud, forgery,
47-2 deception, or subterfuge;
47-3 (B) through use of a fraudulent prescription
47-4 form; or
47-5 (C) through use of a fraudulent oral or
47-6 telephonically communicated prescription; or
47-7 (6) [(5)] furnishes false or fraudulent material
47-8 information in or omits material information from an application,
47-9 report, record, or other document required to be kept or filed
47-10 under this chapter.
47-11 SECTION 24. Section 481.136(a), Health and Safety Code, is
47-12 amended to read as follows:
47-13 (a) A person commits an offense if the person sells,
47-14 transfers, furnishes, or receives a chemical precursor subject to
47-15 [substance listed in] Section 481.077(a) and the person:
47-16 (1) does not hold a chemical precursor transfer permit
47-17 as required by Section 481.078 at the time of the transaction;
47-18 (2) does not comply with Section 481.077;
47-19 (3) knowingly makes a false statement in a report or
47-20 record required by Section 481.077 or 481.078; or
47-21 (4) knowingly violates a rule adopted under Section
47-22 481.077 or 481.078.
47-23 SECTION 25. Section 481.137(a), Health and Safety Code, is
47-24 amended to read as follows:
47-25 (a) A person commits an offense if the person sells,
47-26 transfers, or otherwise furnishes a chemical precursor subject to
47-27 [substance listed in] Section 481.077(a) with the knowledge or
48-1 intent that the recipient will use the chemical precursor
48-2 [substance] to unlawfully manufacture a controlled substance or
48-3 controlled substance analogue.
48-4 SECTION 26. Section 481.138(a), Health and Safety Code, is
48-5 amended to read as follows:
48-6 (a) A person commits an offense if the person sells,
48-7 transfers, furnishes, or receives a chemical laboratory [an]
48-8 apparatus subject to [described by] Section 481.080(a) and the
48-9 person:
48-10 (1) does not have a chemical laboratory [an] apparatus
48-11 transfer permit as required by Section 481.081 at the time of the
48-12 transaction;
48-13 (2) does not comply with Section 481.080;
48-14 (3) knowingly makes a false statement in a report or
48-15 record required by Section 481.080 or 481.081; or
48-16 (4) knowingly violates a rule adopted under Section
48-17 481.080 or 481.081.
48-18 SECTION 27. Section 481.139(a), Health and Safety Code, is
48-19 amended to read as follows:
48-20 (a) A person commits an offense if the person sells,
48-21 transfers, or otherwise furnishes a chemical laboratory [an]
48-22 apparatus [described by Section 481.080(a)] with the knowledge or
48-23 intent that the recipient will use the apparatus to unlawfully
48-24 manufacture a controlled substance or controlled substance
48-25 analogue.
48-26 SECTION 28. Section 481.151, Health and Safety Code, is
48-27 amended to read as follows:
49-1 Sec. 481.151. DEFINITIONS. In this subchapter:
49-2 (1) ["Department" means the Department of Public
49-3 Safety.]
49-4 [(2)] "Controlled substance property" means a
49-5 controlled substance, mixture containing a controlled substance,
49-6 controlled substance analogue, counterfeit controlled substance,
49-7 drug paraphernalia, chemical precursor, chemical laboratory
49-8 apparatus, or raw material.
49-9 (2) [(3)] "Controlled substance plant" means a species
49-10 of plant from which a controlled substance listed in Schedule I or
49-11 II may be derived.
49-12 SECTION 29. Section 481.160, Health and Safety Code, as
49-13 amended by Chapters 14, 141, and 285, Acts of the 72nd Legislature,
49-14 Regular Session, 1991, is reenacted and amended to read as follows:
49-15 Sec. 481.160. DESTRUCTION OF EXCESS QUANTITIES. (a) If a
49-16 controlled substance property or plant is forfeited under this code
49-17 or under Chapter 59, Code of Criminal Procedure, the law
49-18 enforcement agency that seized the property or plant or to which
49-19 the property or plant is forfeited may summarily destroy the
49-20 property or plant without a court order before the disposition of a
49-21 case arising out of the forfeiture if the agency ensures that:
49-22 (1) at least five random and representative samples
49-23 are taken from the total amount of the property or plant and a
49-24 sufficient quantity is preserved to provide for discovery by
49-25 parties entitled to discovery;
49-26 (2) photographs are taken that reasonably depict
49-27 [demonstrate] the total amount of the property or plant; and
50-1 (3) the gross weight or liquid measure of the property
50-2 or plant is determined, either by actually weighing or measuring
50-3 the property or plant or by estimating its weight or measurement
50-4 after making dimensional measurements of the total amount seized.
50-5 (b) If the property consists of a single container of
50-6 liquid, taking and preserving one representative sample complies
50-7 with Subsection (a)(1).
50-8 (c) A representative sample, photograph, or record made
50-9 under this section is admissible in civil or criminal proceedings
50-10 in the same manner and to the same extent as if the total quantity
50-11 of the suspected controlled substance property or plant was offered
50-12 in evidence, regardless of whether the remainder of the property or
50-13 plant has been destroyed. An inference or presumption of
50-14 spoliation does not apply to a property or plant destroyed under
50-15 this section.
50-16 (d) If [All controlled substance property,] hazardous waste,
50-17 residuals, contaminated glassware, associated equipment, or [and]
50-18 by-products from illicit chemical laboratories or similar
50-19 operations that create a health or environmental hazard [hazards]
50-20 or are not capable of being safely stored are forfeited, those
50-21 items [prohibit safe storage] may be disposed of under Subsection
50-22 (a) or may be seized and summarily forfeited and [immediately]
50-23 destroyed by a law enforcement agency without a court order before
50-24 the disposition of a case arising out of the forfeiture if current
50-25 environmental protection standards are followed.
50-26 (e) A law enforcement agency seizing and destroying or
50-27 disposing of materials described in Subsection (d) shall ensure
51-1 that photographs are taken that reasonably depict [demonstrate] the
51-2 total amount of the materials seized and the manner in which the
51-3 materials were physically arranged or positioned before seizure.
51-4 (f) A law enforcement agency may petition a court to
51-5 require, as a condition of community supervision under Article
51-6 42.12, Code of Criminal Procedure, a person to reimburse the agency
51-7 for the cost of the confiscation, analysis, storage, or disposal of
51-8 raw materials, controlled substances, chemical precursors, drug
51-9 paraphernalia, or other materials seized in connection with an
51-10 offense committed by the person under this chapter.
51-11 SECTION 30. Section 552.118, Government Code, is amended to
51-12 read as follows:
51-13 Sec. 552.118. EXCEPTION: OFFICIAL PRESCRIPTION FORM.
51-14 Information is excepted from the requirements of Section 552.021 if
51-15 it is:
51-16 (1) information on or derived from an official
51-17 prescription form filed with the director of the Department of
51-18 Public Safety under Section 481.075, Health and Safety Code; or
51-19 (2) other information collected under Section 481.075
51-20 of that code.
51-21 SECTION 31. Section 481.132, Health and Safety Code, is
51-22 repealed.
51-23 SECTION 32. (a) This Act takes effect September 1, 2001.
51-24 (b) The change in law made by this Act to Sections 481.063
51-25 and 481.066, Health and Safety Code, applies only to a disciplinary
51-26 action that is commenced on or after September 1, 2001. A
51-27 disciplinary action that is commenced before September 1, 2001, is
52-1 governed by the law in effect immediately before September 1, 2001,
52-2 and the former law is continued in effect for that purpose. For
52-3 purposes of this subsection, a disciplinary action is commenced if
52-4 it has been set for hearing.
52-5 (c) The change in law made by this Act to Section 481.064,
52-6 Health and Safety Code, applies only to any application for annual
52-7 registration under Chapter 481 of that code that is submitted to
52-8 the Department of Public Safety on or after September 1, 2001.
52-9 (d) The changes in law made by this Act to Sections 481.122,
52-10 481.126, 481.128, 481.129, and 481.139, Health and Safety Code,
52-11 apply only to an offense committed on or after September 1, 2001.
52-12 An offense committed before September 1, 2001, is covered by the
52-13 law in effect when the offense was committed, and the former law is
52-14 continued in effect for that purpose.
52-15 (e) The repeal by this Act of Section 481.132, Health and
52-16 Safety Code, applies only to the prosecution of an offense
52-17 committed on or after September 1, 2001. The prosecution of an
52-18 offense committed before September 1, 2001, is governed by the law
52-19 in effect when the offense was committed, and the former law is
52-20 continued in effect for that purpose.
52-21 (f) For purposes of Subsections (d) and (e) of this section,
52-22 an offense was committed before September 1, 2001, if any element
52-23 of the offense occurred before that date.