1-1 By: Van de Putte S.B. No. 753
1-2 (In the Senate - Filed February 16, 2001; February 20, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 12, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 12, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of controlled substances under the Texas
1-9 Controlled Substances Act, to the accessibility of certain
1-10 information collected under that Act, and to the punishment for
1-11 certain offenses under that Act.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 481.002, Health and Safety Code, is
1-14 amended by amending Subdivision (26) and adding Subdivisions (51)
1-15 and (53) to read as follows:
1-16 (26) "Marihuana" means the plant Cannabis sativa L.,
1-17 whether growing or not, the seeds of that plant, and every
1-18 compound, manufacture, salt, derivative, mixture, or preparation of
1-19 that plant or its seeds. The term does not include:
1-20 (A) the resin extracted from a part of the plant
1-21 or a compound, manufacture, salt, derivative, mixture, or
1-22 preparation of the resin;
1-23 (B) the mature stalks of the plant or fiber
1-24 produced from the stalks;
1-25 (C) oil or cake made from the seeds of the
1-26 plant;
1-27 (D) a compound, manufacture, salt, derivative,
1-28 mixture, or preparation of the mature stalks, fiber, oil, or cake;
1-29 or
1-30 (E) the sterilized seeds of the plant that are
1-31 incapable of beginning germination.
1-32 (51) "Chemical precursor" means:
1-33 (A) Methylamine;
1-34 (B) Ethylamine;
1-35 (C) D-lysergic acid;
1-36 (D) Ergotamine tartrate;
1-37 (E) Diethyl malonate;
1-38 (F) Malonic acid;
1-39 (G) Ethyl malonate;
1-40 (H) Barbituric acid;
1-41 (I) Piperidine;
1-42 (J) N-acetylanthranilic acid;
1-43 (K) Pyrrolidine;
1-44 (L) Phenylacetic acid;
1-45 (M) Anthranilic acid;
1-46 (N) Ephedrine;
1-47 (O) Pseudoephedrine;
1-48 (P) Norpseudoephedrine; or
1-49 (Q) Phenylpropanolamine.
1-50 (53) "Chemical laboratory apparatus" means any item of
1-51 equipment designed, made, or adapted to manufacture a controlled
1-52 substance or a controlled substance analogue, including:
1-53 (A) a condenser;
1-54 (B) a distilling apparatus;
1-55 (C) a vacuum drier;
1-56 (D) a three-neck or distilling flask;
1-57 (E) a tableting machine;
1-58 (F) an encapsulating machine;
1-59 (G) a filter, Buchner, or separatory funnel;
1-60 (H) an Erlenmeyer, two-neck, or single-neck
1-61 flask;
1-62 (I) a round-bottom, Florence, thermometer, or
1-63 filtering flask;
1-64 (J) a Soxhlet extractor;
2-1 (K) a transformer;
2-2 (L) a flask heater;
2-3 (M) a heating mantel; or
2-4 (N) an adaptor tube.
2-5 SECTION 2. Subsection (a), Section 481.032, Health and
2-6 Safety Code, is amended to read as follows:
2-7 (a) The commissioner shall establish and modify the
2-8 following schedules of controlled substances under this subchapter:
2-9 Schedule I, [Schedule I-A,] Schedule II, Schedule III, Schedule IV,
2-10 and Schedule V.
2-11 SECTION 3. Subsection (a), Section 481.062, Health and
2-12 Safety Code, is amended to read as follows:
2-13 (a) The following persons are not required to register and
2-14 may possess a controlled substance under this chapter:
2-15 (1) an agent or employee of a registered manufacturer,
2-16 distributor, analyzer, or dispenser of the controlled substance
2-17 acting in the usual course of business or employment;
2-18 (2) a common or contract carrier, a warehouseman, or
2-19 an employee of a carrier or warehouseman whose possession of the
2-20 controlled substance is in the usual course of business or
2-21 employment;
2-22 (3) an ultimate user or a person in possession of the
2-23 controlled substance under a lawful order of a practitioner or in
2-24 lawful possession of the controlled substance if it is listed in
2-25 Schedule V;
2-26 (4) an officer or employee of this state, another
2-27 state, a political subdivision of this state or another state, or
2-28 the United States who is lawfully engaged in the enforcement of a
2-29 law relating to a controlled substance or drug or to a customs law
2-30 and authorized to possess the controlled substance in the discharge
2-31 of the person's official duties; or
2-32 (5) if the substance is tetrahydrocannabinol or one of
2-33 its derivatives:
2-34 (A) a Texas Department of Health official, a
2-35 medical school researcher, or a research program participant
2-36 possessing the substance as authorized under Subchapter G; or
2-37 (B) a practitioner or an ultimate user
2-38 possessing the substance as a participant in a federally approved
2-39 therapeutic research program that the commissioner has reviewed and
2-40 found, in writing, to contain a medically responsible research
2-41 protocol.
2-42 SECTION 4. Subsection (h), Section 481.063, Health and
2-43 Safety Code, is amended to read as follows:
2-44 (h) Chapter 2001, Government Code, does not apply to a
2-45 denial[, suspension, or revocation] of a registration under
2-46 Subsection (e)(2)(A) or (B), (e)(3), (e)(4), or (e)(9).
2-47 SECTION 5. Subsection (a), Section 481.064, Health and
2-48 Safety Code, is amended to read as follows:
2-49 (a) The director may charge a nonrefundable [an annual
2-50 registration] fee of not more than $25 before processing an
2-51 application for annual registration. The director by rule shall
2-52 set the amount of the fee at the amount that is necessary to cover
2-53 the cost of administering and enforcing this subchapter. Except as
2-54 provided by Subsection (b), registrants shall pay the fees to the
2-55 director.
2-56 SECTION 6. Subsections (g) and (i), Section 481.066, Health
2-57 and Safety Code, are amended to read as follows:
2-58 (g) Chapter 2001, Government Code, applies to a proceeding
2-59 under this section to the extent that that chapter does not
2-60 conflict with this subchapter. Chapter 2001, Government Code, does
2-61 not apply to a cancellation, suspension, probation, or revocation
2-62 of a registration for a cause described by Section 481.063(e)(2)(A)
2-63 or (B), (e)(3), (e)(4), or (e)(9).
2-64 (i) The director shall give written notice to the applicant
2-65 or registrant of the acceptance of a voluntary surrender of a
2-66 registration, or of the cancellation, suspension, probation,
2-67 revocation, or denial of a registration. The notice shall be sent
2-68 by certified [registered] mail, return receipt requested, to the
2-69 most current address of the applicant or registrant contained in
3-1 department [the] files [of the Department of Public Safety].
3-2 SECTION 7. Section 481.067, Health and Safety Code, is
3-3 amended by amending Subsection (a) and adding Subsection (c) to
3-4 read as follows:
3-5 (a) A person who is registered to manufacture, distribute,
3-6 analyze, or dispense a controlled substance shall keep records and
3-7 maintain inventories in compliance with recordkeeping and inventory
3-8 requirements of federal law and with additional rules the director
3-9 adopts. [Records and inventories must be retained for at least two
3-10 years after the date they are made.]
3-11 (c) A record required by this section must be made at the
3-12 time of the transaction that is the basis of the record. A record
3-13 or inventory required by this section must be kept or maintained
3-14 for at least two years after the date the record or inventory is
3-15 made.
3-16 SECTION 8. Subsection (b), Section 481.068, Health and
3-17 Safety Code, is amended to read as follows:
3-18 (b) Except as provided by Sections 481.074 [481.074(b)] and
3-19 481.075 [481.075(d)], a practitioner engaged in authorized medical
3-20 practice or research may not be required to furnish the name or
3-21 identity of a patient or research subject to the department
3-22 [Department of Public Safety], the director of the Texas Commission
3-23 on Alcohol and Drug Abuse, or any other agency, public official, or
3-24 law enforcement officer. A practitioner may not be compelled in a
3-25 state or local civil, criminal, administrative, legislative, or
3-26 other proceeding to furnish the name or identity of an individual
3-27 that the practitioner is obligated to keep confidential.
3-28 SECTION 9. Subsection (a), Section 481.073, Health and
3-29 Safety Code, is amended to read as follows:
3-30 (a) Only a practitioner defined by Section 481.002(39)(A)
3-31 and an agent designated in writing by the practitioner in
3-32 accordance with rules adopted by the department [Department of
3-33 Public Safety] may communicate a prescription by telephone. A
3-34 pharmacy that receives a telephonically communicated prescription
3-35 shall promptly write the prescription and file and retain the
3-36 prescription in the manner required by this subchapter. A
3-37 practitioner who designates an agent to communicate prescriptions
3-38 shall maintain the written designation of the agent in the
3-39 practitioner's usual place of business and shall make the
3-40 designation available for inspection by investigators for the Texas
3-41 State Board of Medical Examiners, the State Board of Dental
3-42 Examiners, the State Board of Veterinary Medical Examiners, and the
3-43 department [Department of Public Safety]. A practitioner who
3-44 designates a different agent shall designate that agent in writing
3-45 and maintain the designation in the same manner in which the
3-46 practitioner initially designated an agent under this section.
3-47 SECTION 10. Subsections (b), (c), and (f), Section 481.074,
3-48 Health and Safety Code, are amended to read as follows:
3-49 (b) Except in an emergency as defined by rule of the
3-50 director or as provided by Section 481.075(j) or (m), a person may
3-51 not dispense or administer a controlled substance listed in
3-52 Schedule II without the written prescription of a practitioner on
3-53 an official prescription form that meets the requirements of and is
3-54 completed by the practitioner in accordance with Section 481.075[,
3-55 and if the controlled substance is to be dispensed, the
3-56 practitioner must be registered under Section 481.063]. In an
3-57 emergency, a person may dispense or administer a controlled
3-58 substance listed in Schedule II on the oral or telephonically
3-59 communicated prescription of a practitioner. The person who
3-60 administers or dispenses the substance shall:
3-61 (1) if the person is a prescribing practitioner or a
3-62 pharmacist, promptly comply with Subsection (c); or
3-63 (2) if the person is not a prescribing practitioner or
3-64 a pharmacist, promptly write the oral or telephonically
3-65 communicated prescription and include in the written record of the
3-66 prescription the name, address, and Federal Drug Enforcement
3-67 Administration number of the prescribing practitioner, all
3-68 information required to be provided by a practitioner under Section
3-69 481.075(e)(1), and all information required to be provided by a
4-1 dispensing pharmacist under Section 481.075(e)(2).
4-2 (c) Not later than the seventh day [72 hours] after the date
4-3 a prescribing practitioner authorizes [authorizing] an emergency
4-4 oral or telephonically communicated prescription, the prescribing
4-5 practitioner shall cause a written prescription, completed in the
4-6 manner required by Section 481.075, to be delivered in person or
4-7 mailed to the dispensing pharmacist at the pharmacy where the
4-8 prescription was dispensed. The envelope of a prescription
4-9 delivered by mail must be postmarked not later than the seventh day
4-10 [72 hours] after the date the prescription was authorized. On
4-11 receipt of the prescription, the dispensing pharmacy shall file the
4-12 transcription of the telephonically communicated prescription and
4-13 the pharmacy copy and shall send information to the director as
4-14 required by Section 481.075. [The pharmacist or the pharmacy that
4-15 employs the pharmacist shall send all information required by the
4-16 director, including any information required to complete an
4-17 official prescription form, to the director by electronic transfer,
4-18 a universal claim form customarily used by pharmaceutical service
4-19 providers, or other form approved by the director not later than
4-20 the 30th day after the date the prescription was dispensed.]
4-21 (f) A prescription for a Schedule II controlled substance
4-22 written for a patient in a long-term care facility (LTCF) or for a
4-23 patient with a medical diagnosis documenting a terminal illness may
4-24 be filled in partial quantities to include individual dosage units.
4-25 If there is any question about whether a patient may be classified
4-26 as having a terminal illness, the pharmacist must contact the
4-27 practitioner before [prior to] partially filling the prescription.
4-28 Both the pharmacist and the practitioner have a corresponding
4-29 responsibility to assure that the controlled substance is for a
4-30 terminally ill patient. The pharmacist must record the
4-31 prescription on an official prescription form and must indicate on
4-32 the form whether the patient is "terminally ill" or an "LTCF
4-33 patient." A prescription that is partially filled and does not
4-34 contain the notation "terminally ill" or "LTCF patient" is
4-35 considered [shall be deemed] to have been filled in violation of
4-36 this chapter [Act]. For each partial filling, the dispensing
4-37 pharmacist shall record on the back of the official prescription
4-38 form the date of the partial filling, the quantity dispensed, the
4-39 remaining quantity authorized to be dispensed, and the
4-40 identification of the dispensing pharmacist. Before [Prior to] any
4-41 subsequent partial filling, the pharmacist must [is to] determine
4-42 that the additional partial filling is necessary. The total
4-43 quantity of Schedule II controlled substances dispensed in all
4-44 partial fillings may [must] not exceed the total quantity
4-45 prescribed. Schedule II prescriptions for patients in a long-term
4-46 care facility or patients with a medical diagnosis documenting a
4-47 terminal illness are [shall be] valid for a period not to exceed 60
4-48 [30] days after [from] the issue date unless sooner terminated by
4-49 discontinuance of the medication.
4-50 SECTION 11. Subsections (e), (g), and (i), Section 481.075,
4-51 Health and Safety Code, are amended to read as follows:
4-52 (e) Each official prescription form used to prescribe a
4-53 Schedule II controlled substance must contain:
4-54 (1) information provided by the prescribing
4-55 practitioner, including:
4-56 (A) the date the prescription is written;
4-57 (B) the controlled substance prescribed;
4-58 (C) the quantity of controlled substance
4-59 prescribed, shown numerically followed by the number written as a
4-60 word;
4-61 (D) the intended use of the controlled substance
4-62 or the diagnosis for which it is prescribed and the instructions
4-63 for use of the substance;
4-64 (E) the practitioner's name, address, department
4-65 registration number, and Federal Drug Enforcement Administration
4-66 number; and
4-67 (F) the name, address, and date of birth or age
4-68 of the person for whom the controlled substance is prescribed;
4-69 (2) information provided by the dispensing pharmacist,
5-1 including the date the prescription is filled; and
5-2 (3) the signatures of the prescribing practitioner and
5-3 the dispensing pharmacist.
5-4 (g) Except for an oral prescription [prescriptions]
5-5 prescribed under Section 481.074(b), the prescribing practitioner
5-6 shall:
5-7 (1) legibly fill in, or direct a designated agent to
5-8 legibly fill in, on the official prescription form, each item of
5-9 information required to be provided by the prescribing practitioner
5-10 under Subsection (e)(1), unless the practitioner [practioner]
5-11 determines that:
5-12 (A) under rule adopted by the director for this
5-13 purpose, it is unnecessary for the practitioner or the
5-14 practitioner's agent to provide the patient identification number;
5-15 or
5-16 (B) it is not in the best interest of the
5-17 patient for the practitioner or practitioner's agent to provide
5-18 information regarding the intended use of the controlled substance
5-19 or the diagnosis for which it is prescribed; and
5-20 (2) sign the official prescription form and give the
5-21 form to the person authorized to receive the prescription.
5-22 (i) Each dispensing pharmacist shall:
5-23 (1) fill in on the official prescription form each
5-24 item of information given orally to the dispensing pharmacy under
5-25 Subsection (h), the date the prescription is filled, and the
5-26 dispensing pharmacist's signature;
5-27 (2) retain with the records of the pharmacy for at
5-28 least two years:
5-29 (A) the official prescription form; and
5-30 (B) the name or other patient identification
5-31 required by Section 481.074(m) or (n); and
5-32 (3) send all information required by the director,
5-33 including any information required to complete an official
5-34 prescription form, to the director by electronic transfer or
5-35 another form approved by the director[, including a universal claim
5-36 form customarily used by pharmaceutical services providers,] not
5-37 later than the 15th [30th] day after the last day of the month in
5-38 which [date] the prescription is completely filled [or not later
5-39 than the 30th day after the completion of a prescription dispensed
5-40 under Section 481.074(f)].
5-41 SECTION 12. Section 481.077, Health and Safety Code, is
5-42 amended to read as follows:
5-43 Sec. 481.077. CHEMICAL PRECURSOR RECORDS AND REPORTS.
5-44 (a) Except as provided by Subsection (l), a person who sells,
5-45 transfers, or otherwise furnishes a chemical precursor [any of the
5-46 following precursor substances] to another [a] person shall make an
5-47 accurate and legible record of the transaction and maintain the
5-48 record for at least two years after the date of the transaction[:]
5-49 [(1) Methylamine;]
5-50 [(2) Ethylamine;]
5-51 [(3) D-lysergic acid;]
5-52 [(4) Ergotamine tartrate;]
5-53 [(5) Diethyl malonate;]
5-54 [(6) Malonic acid;]
5-55 [(7) Ethyl malonate;]
5-56 [(8) Barbituric acid;]
5-57 [(9) Piperidine;]
5-58 [(10) N-acetylanthranilic acid;]
5-59 [(11) Pyrrolidine;]
5-60 [(12) Phenylacetic acid;]
5-61 [(13) Anthranilic acid;]
5-62 [(14) Ephedrine;]
5-63 [(15) Pseudoephedrine;]
5-64 [(16) Norpseudoephedrine; or]
5-65 [(17) Phenylpropanolamine].
5-66 (b) The director by rule may:
5-67 (1) name an additional chemical substance as a
5-68 chemical precursor for purposes of Subsection (a) if the director
5-69 determines that public health and welfare are jeopardized by
6-1 evidenced proliferation or use of the chemical substance in the
6-2 illicit manufacture of a controlled substance or controlled
6-3 substance analogue; or
6-4 (2) exempt a chemical precursor from the requirements
6-5 of [delete a substance listed in] Subsection (a) if the director
6-6 determines that the chemical precursor [substance] does not
6-7 jeopardize public health and welfare or is not used in the illicit
6-8 manufacture of a controlled substance or a controlled substance
6-9 analogue.
6-10 (c) This section and Section 481.078 do not apply to a
6-11 person to whom a registration has been issued under Section
6-12 481.063.
6-13 (d) Before selling, transferring, or otherwise furnishing to
6-14 a person in this state a chemical precursor [substance] subject to
6-15 Subsection (a), a manufacturer, wholesaler, retailer, or other
6-16 person shall:
6-17 (1) if the recipient does not represent a business,
6-18 obtain from the recipient:
6-19 (A) the recipient's driver's license number or
6-20 other personal identification certificate number, date of birth,
6-21 and residential or mailing address, other than a post office box
6-22 number, from a driver's license or personal identification
6-23 certificate [card] issued by the department [Department of Public
6-24 Safety] that contains a photograph of the recipient;
6-25 (B) the year, state, and number of the motor
6-26 vehicle license of the motor vehicle owned or operated by the
6-27 recipient;
6-28 (C) a complete description of how the chemical
6-29 precursor [substance] is to be used; and
6-30 (D) the recipient's signature; or
6-31 (2) if the recipient represents a business, obtain
6-32 from the recipient:
6-33 (A) a letter of authorization from the business
6-34 that includes the business license or comptroller tax
6-35 identification number, address, area code, and telephone number and
6-36 a complete description of how the chemical precursor [substance] is
6-37 to be used; and
6-38 (B) the recipient's signature; and
6-39 (3) for any recipient, sign as a witness to the
6-40 signature and identification of the recipient.
6-41 (e) If the recipient does not represent a business, the
6-42 recipient shall present to the manufacturer, wholesaler, retailer,
6-43 or other person a permit issued in the name of the recipient by the
6-44 department [Department of Public Safety] under Section 481.078.
6-45 (f) Except as provided by Subsection (h), a manufacturer,
6-46 wholesaler, retailer, or other person who sells, transfers, or
6-47 otherwise furnishes to a person in this state a chemical precursor
6-48 [substance] subject to Subsection (a) shall submit, at least 21
6-49 days before the delivery of the chemical precursor [substance], a
6-50 report of the transaction on a form obtained from the director that
6-51 includes the information required by Subsection (d).
6-52 (g) The director shall supply to a manufacturer, wholesaler,
6-53 retailer, or other person who sells, transfers, or otherwise
6-54 furnishes a chemical precursor [substance] subject to Subsection
6-55 (a) a form for the submission of:
6-56 (1) the report required by Subsection (f);
6-57 (2) the name and measured amount of the chemical
6-58 precursor [substance] delivered; and
6-59 (3) any other information required by the director.
6-60 (h) The director may authorize a manufacturer, wholesaler,
6-61 retailer, or other person to submit a comprehensive monthly report
6-62 instead of the report required by Subsection (f) if the director
6-63 determines that:
6-64 (1) there is a pattern of regular supply and purchase
6-65 of the chemical precursor [substance] between the furnisher and the
6-66 recipient; or
6-67 (2) the recipient has established a record of use of
6-68 the chemical precursor [substance] solely for a lawful purpose.
6-69 (i) A manufacturer, wholesaler, retailer, or other person
7-1 who receives from a source outside this state a chemical precursor
7-2 [substance] subject to Subsection (a) or who discovers a loss or
7-3 theft of a chemical precursor [substance] subject to Subsection (a)
7-4 shall:
7-5 (1) submit a report of the transaction to the director
7-6 in accordance with department rule; and
7-7 (2) include in the report:
7-8 (A) any difference between the amount of the
7-9 chemical precursor [substance] actually received and the amount of
7-10 the chemical precursor [substance] shipped according to the
7-11 shipping statement or invoice; or
7-12 (B) the amount of the loss or theft.
7-13 (j) A report under Subsection (i) must:
7-14 (1) be made not later than the third day after the
7-15 date that the manufacturer, wholesaler, retailer, or other person
7-16 learns of the discrepancy, loss, or theft; and
7-17 (2) if the discrepancy, loss, or theft occurred during
7-18 a shipment of the chemical precursor [substance], include the name
7-19 of the common carrier or person who transported the chemical
7-20 precursor [substance] and the date that the chemical precursor
7-21 [substance] was shipped.
7-22 (k) Unless the person is the holder of only a permit issued
7-23 under Section 481.078(b)(1), a manufacturer, wholesaler, retailer,
7-24 or other person who sells, transfers, or otherwise furnishes any
7-25 chemical precursor [substance] subject to Subsection (a) or a
7-26 permit holder, commercial purchaser, or other person who receives a
7-27 chemical precursor subject to [substance governed by] Subsection
7-28 (a):
7-29 (1) shall maintain records and inventories in
7-30 accordance with rules established by the director;
7-31 (2) shall allow a member of the department [Department
7-32 of Public Safety] or a peace officer to conduct audits and inspect
7-33 records of purchases and sales and all other records made in
7-34 accordance with this section at any reasonable time; and
7-35 (3) may not interfere with the audit or with the full
7-36 and complete inspection or copying of those records.
7-37 (l) This section does not apply to the sale or transfer of a
7-38 nonnarcotic product that includes a chemical precursor [substance]
7-39 subject to Subsection (a) if the sale or transfer complies with
7-40 federal law and involves a product that may be sold lawfully with a
7-41 prescription or over the counter without a prescription under the
7-42 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
7-43 seq.) or a rule adopted under that Act.
7-44 SECTION 13. Subsections (a) and (b), Section 481.078, Health
7-45 and Safety Code, are amended to read as follows:
7-46 (a) A person must obtain a chemical precursor transfer
7-47 permit from the department [Department of Public Safety] to be
7-48 eligible:
7-49 (1) to sell, transfer, or otherwise furnish a chemical
7-50 precursor [substance] subject to Section 481.077(a) to a person in
7-51 this state;
7-52 (2) to receive a chemical precursor [substance]
7-53 subject to Section 481.077(a) from a source outside this state; or
7-54 (3) to receive a chemical precursor [substance]
7-55 subject to Section 481.077(a) if the person, in receiving the
7-56 chemical precursor [substance], does not represent a business.
7-57 (b) The director by rule shall adopt procedures and
7-58 standards for the issuance and renewal or the voluntary surrender,
7-59 cancellation, suspension, probation, or revocation of:
7-60 (1) a permit for one sale, transfer, receipt, or
7-61 otherwise furnishing of a chemical [controlled substance]
7-62 precursor; or
7-63 (2) a permit for more than one sale, transfer,
7-64 receipt, or otherwise furnishing of a chemical [controlled
7-65 substance] precursor.
7-66 SECTION 14. Section 481.080, Health and Safety Code, is
7-67 amended to read as follows:
7-68 Sec. 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
7-69 REQUIREMENTS AND PENALTIES. (a) [In this section, "chemical
8-1 laboratory apparatus" means any item of equipment designed, made,
8-2 or adapted to manufacture a controlled substance or a controlled
8-3 substance analogue, including:]
8-4 [(1) a condenser;]
8-5 [(2) a distilling apparatus;]
8-6 [(3) a vacuum drier;]
8-7 [(4) a three-neck or distilling flask;]
8-8 [(5) a tableting machine;]
8-9 [(6) an encapsulating machine;]
8-10 [(7) a filter, Buchner, or separatory funnel;]
8-11 [(8) an Erlenmeyer, two-neck, or single-neck flask;]
8-12 [(9) a round-bottom, Florence, thermometer, or
8-13 filtering flask;]
8-14 [(10) a Soxhlet extractor;]
8-15 [(11) a transformer;]
8-16 [(12) a flask heater;]
8-17 [(13) a heating mantel; or]
8-18 [(14) an adaptor tube.]
8-19 [(b)] A manufacturer, wholesaler, retailer, or other person
8-20 who sells, transfers, or otherwise furnishes a chemical laboratory
8-21 apparatus shall make an accurate and legible record of the
8-22 transaction and maintain the record for at least two years after
8-23 the date of the transaction.
8-24 (b) [(c)] The director may adopt rules to implement this
8-25 section.
8-26 (c) [(d)] The director by rule may:
8-27 (1) name an additional item of equipment as a chemical
8-28 laboratory apparatus for purposes of Subsection (a) if the director
8-29 determines that public health and welfare are jeopardized by
8-30 evidenced proliferation or use of the item of equipment [a chemical
8-31 laboratory apparatus] in the illicit manufacture of a controlled
8-32 substance or controlled substance analogue; or
8-33 (2) exempt a chemical laboratory [delete an] apparatus
8-34 from the requirement of [listed in] Subsection (a) if the director
8-35 determines that the apparatus does not jeopardize public health and
8-36 welfare or is not used in the illicit manufacture of a controlled
8-37 substance or a controlled substance analogue.
8-38 (d) [(e)] This section and Section 481.081 do not apply to a
8-39 person to whom a registration has been issued under Section
8-40 481.063.
8-41 (e) [(f)] Before selling, transferring, or otherwise
8-42 furnishing to a person in this state a chemical laboratory [an]
8-43 apparatus subject to Subsection (a), a manufacturer, wholesaler,
8-44 retailer, or other person shall:
8-45 (1) if the recipient does not represent a business,
8-46 obtain from the recipient:
8-47 (A) the recipient's driver's license number or
8-48 other personal identification certificate number, date of birth,
8-49 and residential or mailing address, other than a post office box
8-50 number, from a driver's license or personal identification
8-51 certificate [card] issued by the department [Department of Public
8-52 Safety] that contains a photograph of the recipient;
8-53 (B) the year, state, and number of the motor
8-54 vehicle license of the motor vehicle owned or operated by the
8-55 recipient;
8-56 (C) a complete description of how the apparatus
8-57 is to be used; and
8-58 (D) the recipient's signature; or
8-59 (2) if the recipient represents a business, obtain
8-60 from the recipient:
8-61 (A) a letter of authorization from the business
8-62 that includes the business license or comptroller tax
8-63 identification number, address, area code, and telephone number and
8-64 a complete description of how the apparatus is to be used; and
8-65 (B) the recipient's signature; and
8-66 (3) for any recipient, sign as a witness to the
8-67 signature and identification of the recipient.
8-68 (f) [(g)] If the recipient does not represent a business,
8-69 the recipient shall present to the manufacturer, wholesaler,
9-1 retailer, or other person a permit issued in the name of the
9-2 recipient by the department [Department of Public Safety] under
9-3 Section 481.081.
9-4 (g) [(h)] Except as provided by Subsection (i) [(j)], a
9-5 manufacturer, wholesaler, retailer, or other person who sells,
9-6 transfers, or otherwise furnishes to a person in this state a
9-7 chemical laboratory [an] apparatus subject to Subsection
9-8 (a) shall, at least 21 days before the delivery of the apparatus,
9-9 submit a report of the transaction on a form obtained from the
9-10 director that includes the information required by Subsection (e)
9-11 [(f)].
9-12 (h) [(i)] The director shall supply to a manufacturer,
9-13 wholesaler, retailer, or other person who sells, transfers, or
9-14 otherwise furnishes a chemical laboratory [an] apparatus subject to
9-15 Subsection (a) a form for the submission of:
9-16 (1) the report required by Subsection (g) [(h)];
9-17 (2) the name and number of apparatus delivered; and
9-18 (3) any other information required by the director.
9-19 (i) [(j)] The director may authorize a manufacturer,
9-20 wholesaler, retailer, or other person to submit a comprehensive
9-21 monthly report instead of the report required by Subsection (g)
9-22 [(h)] if the director determines that:
9-23 (1) there is a pattern of regular supply and purchase
9-24 of the apparatus between the furnisher and the recipient; or
9-25 (2) the recipient has established a record of use of
9-26 the apparatus solely for a lawful purpose.
9-27 (j) [(k)] A manufacturer, wholesaler, retailer, or other
9-28 person who receives from a source outside this state a chemical
9-29 laboratory [an] apparatus subject to Subsection (a) or who
9-30 discovers a loss or theft of such an apparatus [subject to
9-31 Subsection (a)] shall:
9-32 (1) submit a report of the transaction to the director
9-33 in accordance with department rule; and
9-34 (2) include in the report:
9-35 (A) any difference between the number of the
9-36 apparatus actually received and the number of the apparatus shipped
9-37 according to the shipping statement or invoice; or
9-38 (B) the number of the loss or theft.
9-39 (k) [(l)] A report under Subsection (j) [(k)] must:
9-40 (1) be made not later than the third day after the
9-41 date that the manufacturer, wholesaler, retailer, or other person
9-42 learns of the discrepancy, loss, or theft; and
9-43 (2) if the discrepancy, loss, or theft occurred during
9-44 a shipment of the apparatus, include the name of the common carrier
9-45 or person who transported the apparatus and the date that the
9-46 apparatus was shipped.
9-47 (l) [(m)] This subsection applies to a manufacturer,
9-48 wholesaler, retailer, or other person who sells, transfers, or
9-49 otherwise furnishes any chemical laboratory apparatus subject to
9-50 Subsection (a) and to a permit holder, commercial purchaser, or
9-51 other person who receives such an apparatus [governed by Subsection
9-52 (a)] unless the person is the holder of only a permit issued under
9-53 Section 481.081(b)(1). A person covered by this subsection:
9-54 (1) shall maintain records and inventories in
9-55 accordance with rules established by the director;
9-56 (2) shall allow a member of the department [Department
9-57 of Public Safety] or a peace officer to conduct audits and inspect
9-58 records of purchases and sales and all other records made in
9-59 accordance with this section at any reasonable time; and
9-60 (3) may not interfere with the audit or with the full
9-61 and complete inspection or copying of those records.
9-62 SECTION 15. Subsection (a), Section 481.081, Health and
9-63 Safety Code, is amended to read as follows:
9-64 (a) A person must obtain a chemical laboratory apparatus
9-65 transfer permit from the department [Department of Public Safety]
9-66 to be eligible:
9-67 (1) to sell, transfer, or otherwise furnish an
9-68 apparatus subject to Section 481.080(a) to a person in this state;
9-69 (2) to receive an apparatus subject to Section
10-1 481.080(a) from a source outside this state; or
10-2 (3) to receive an apparatus subject to Section
10-3 481.080(a) if the person, in receiving the apparatus, does not
10-4 represent a business.
10-5 SECTION 16. Section 481.102, Health and Safety Code, is
10-6 amended to read as follows:
10-7 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
10-8 (1) the following opiates, including their isomers,
10-9 esters, ethers, salts, and salts of isomers, esters, and ethers,
10-10 unless specifically excepted, if the existence of these isomers,
10-11 esters, ethers, and salts is possible within the specific chemical
10-12 designation:
10-13 Alfentanil;
10-14 Allylprodine;
10-15 Alphacetylmethadol;
10-16 Benzethidine;
10-17 Betaprodine;
10-18 Clonitazene;
10-19 Diampromide;
10-20 Diethylthiambutene;
10-21 Difenoxin not listed in Penalty Group 3 or 4;
10-22 Dimenoxadol;
10-23 Dimethylthiambutene;
10-24 Dioxaphetyl butyrate;
10-25 Dipipanone;
10-26 Ethylmethylthiambutene;
10-27 Etonitazene;
10-28 Etoxeridine;
10-29 Furethidine;
10-30 Hydroxypethidine;
10-31 Ketobemidone;
10-32 Levophenacylmorphan;
10-33 Meprodine;
10-34 Methadol;
10-35 Moramide;
10-36 Morpheridine;
10-37 Noracymethadol;
10-38 Norlevorphanol;
10-39 Normethadone;
10-40 Norpipanone;
10-41 Phenadoxone;
10-42 Phenampromide;
10-43 Phenomorphan;
10-44 Phenoperidine;
10-45 Piritramide;
10-46 Proheptazine;
10-47 Properidine;
10-48 Propiram;
10-49 Sufentanil;
10-50 Tilidine; and
10-51 Trimeperidine;
10-52 (2) the following opium derivatives, their salts,
10-53 isomers, and salts of isomers, unless specifically excepted, if the
10-54 existence of these salts, isomers, and salts of isomers is possible
10-55 within the specific chemical designation:
10-56 Acetorphine;
10-57 Acetyldihydrocodeine;
10-58 Benzylmorphine;
10-59 Codeine methylbromide;
10-60 Codeine-N-Oxide;
10-61 Cyprenorphine;
10-62 Desomorphine;
10-63 Dihydromorphine;
10-64 Drotebanol;
10-65 Etorphine, except hydrochloride salt;
10-66 Heroin;
10-67 Hydromorphinol;
10-68 Methyldesorphine;
10-69 Methyldihydromorphine;
11-1 Monoacetylmorphine;
11-2 Morphine methylbromide;
11-3 Morphine methylsulfonate;
11-4 Morphine-N-Oxide;
11-5 Myrophine;
11-6 Nicocodeine;
11-7 Nicomorphine;
11-8 Normorphine;
11-9 Pholcodine; and
11-10 Thebacon;
11-11 (3) the following substances, however produced, except
11-12 those narcotic drugs listed in another group:
11-13 (A) Opium and opiate not listed in Penalty Group
11-14 3 or 4, and a salt, compound, derivative, or preparation of opium
11-15 or opiate, other than thebaine derived butorphanol, nalmefene and
11-16 its salts, naloxone and its salts, and naltrexone and its salts,
11-17 but including:
11-18 Codeine not listed in Penalty Group 3 or 4;
11-19 Ethylmorphine not listed in Penalty Group 3 or 4;
11-20 Granulated opium;
11-21 Hydrocodone not listed in Penalty Group 3;
11-22 Hydromorphone;
11-23 Metopon;
11-24 Morphine not listed in Penalty Group 3;
11-25 Opium extracts;
11-26 Opium fluid extracts;
11-27 Oxycodone;
11-28 Oxymorphone;
11-29 Powdered opium;
11-30 Raw opium;
11-31 Thebaine; and
11-32 Tincture of opium;
11-33 (B) a salt, compound, isomer, derivative, or
11-34 preparation of a substance that is chemically equivalent or
11-35 identical to a substance described by Paragraph (A), other than the
11-36 isoquinoline alkaloids of opium;
11-37 (C) Opium poppy and poppy straw;
11-38 (D) Cocaine, including:
11-39 (i) its salts, its optical, position, and
11-40 geometric isomers, and the salts of those isomers;
11-41 (ii) coca leaves and a salt, compound,
11-42 derivative, or preparation of coca leaves;
11-43 (iii) a salt, compound, derivative, or
11-44 preparation of a salt, compound, or derivative that is chemically
11-45 equivalent or identical to a substance described by Subparagraph
11-46 (i) or (ii), other than decocainized coca leaves or extractions of
11-47 coca leaves that do not contain cocaine or ecgonine; and
11-48 (E) concentrate of poppy straw, meaning the
11-49 crude extract of poppy straw in liquid, solid, or powder form that
11-50 contains the phenanthrine alkaloids of the opium poppy;
11-51 (4) the following opiates, including their isomers,
11-52 esters, ethers, salts, and salts of isomers, if the existence of
11-53 these isomers, esters, ethers, and salts is possible within the
11-54 specific chemical designation:
11-55 Acetyl-alpha-methylfentanyl
11-56 (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide);
11-57 Alpha-methylthiofentanyl
11-58 (N-(1-methyl-2-(2-thienyl)ethyl-4-piperidinyl)-N-phenylpropanamide);
11-59 Alphaprodine;
11-60 Anileridine;
11-61 Beta-hydroxyfentanyl
11-62 (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenylpropanamide);
11-63 Beta-hydroxy-3-methylfentanyl;
11-64 Bezitramide;
11-65 Carfentanil;
11-66 Dihydrocodeine not listed in Penalty Group 3 or
11-67 4;
11-68 Diphenoxylate not listed in Penalty Group 3 or 4;
11-69 Fentanyl or alpha-methylfentanyl, or any other
12-1 derivative of Fentanyl;
12-2 Isomethadone;
12-3 Levomethorphan;
12-4 Levorphanol;
12-5 Metazocine;
12-6 Methadone;
12-7 Methadone-Intermediate,
12-8 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
12-9 3-methylfentanyl(N-(3-methyl-1-(2-phenylethyl)-
12-10 4-piperidyl)-N-phenylpropanamide);
12-11 3-methylthiofentanyl(N-(3-methyl-1-(2-thienyl)
12-12 ethyl-4-piperidinyl)-N-phenylpropanamide);
12-13 Moramide-Intermediate, 2-methyl-3-morpholino-1,
12-14 1-diphenyl-propane-carboxylic acid;
12-15 Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-
12-16 (2-phenylethyl)-4-piperidinylpropanamide);
12-17 PEPAP
12-18 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
12-19 Pethidine (Meperidine);
12-20 Pethidine-Intermediate-A,
12-21 4-cyano-1-methyl-4-phenylpiperidine;
12-22 Pethidine-Intermediate-B,
12-23 ethyl-4-phenylpiperidine-4 carboxylate;
12-24 Pethidine-Intermediate-C,
12-25 1-methyl-4-phenylpiperidine-4-carboxylic acid;
12-26 Phenazocine;
12-27 Piminodine;
12-28 Racemethorphan;
12-29 Racemorphan;
12-30 Remifentanil; and
12-31 Thiofentanyl(N-phenyl-N-(1-(2-thienyl)ethyl-4-
12-32 piperidinyl)-propanamide);
12-33 (5) Flunitrazepam (some trade or other names:
12-34 Rohypnol);
12-35 (6) Methamphetamine, including its salts, optical
12-36 isomers, and salts of optical isomers;
12-37 (7) Phenylacetone and methylamine, if possessed
12-38 together with intent to manufacture methamphetamine;
12-39 (8) Phencyclidine, including its salts; and
12-40 (9) Gamma hydroxybutyric acid (some trade or other
12-41 names: gamma hydroxybutyrate, GHB), including its salts.
12-42 SECTION 17. Subsection (a), Section 481.103, Health and
12-43 Safety Code, is amended to read as follows:
12-44 (a) Penalty Group 2 consists of:
12-45 (1) any quantity of the following hallucinogenic
12-46 substances, their salts, isomers, and salts of isomers, unless
12-47 specifically excepted, if the existence of these salts, isomers,
12-48 and salts of isomers is possible within the specific chemical
12-49 designation:
12-50 alpha-ethyltryptamine;
12-51 4-bromo-2, 5-dimethoxyamphetamine (some trade or
12-52 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
12-53 4-bromo-2, 5-DMA);
12-54 4-bromo-2, 5-dimethoxyphenethylamine;
12-55 Bufotenine (some trade and other names:
12-56 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
12-57 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
12-58 5-hydroxy-N, N-dimethyltryptamine; mappine);
12-59 Diethyltryptamine (some trade and other names:
12-60 N, N-Diethyltryptamine, DET);
12-61 2, 5-dimethoxyamphetamine (some trade or other
12-62 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
12-63 2, 5-dimethoxy-4-ethylamphetamine (some trade or
12-64 other names: DOET);
12-65 Dimethyltryptamine (some trade and other names:
12-66 DMT);
12-67 Dronabinol (synthetic) in sesame oil and
12-68 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
12-69 Administration approved drug product (some trade or other names for
13-1 Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
13-2 6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
13-3 (-)-delta-9-(trans)-tetrahydrocannabinol);
13-4 Ethylamine Analog of Phencyclidine (some trade or
13-5 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
13-6 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
13-7 Ibogaine (some trade or other names: 7-Ethyl-6,
13-8 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
13-9 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
13-10 tabernanthe iboga.);
13-11 Ketamine;
13-12 Mescaline;
13-13 5-methoxy-3, 4-methylenedioxy amphetamine;
13-14 4-methoxyamphetamine (some trade or other names:
13-15 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
13-16 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP,
13-17 PPMP);
13-18 4-methyl-2, 5-dimethoxyamphetamine (some trade
13-19 and other names: 4-methyl-2,
13-20 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
13-21 3,4-methylenedioxy methamphetamine (MDMA, MDM);
13-22 3,4-methylenedioxy amphetamine;
13-23 3,4-methylenedioxy N-ethylamphetamine (Also known
13-24 as N-ethyl MDA);
13-25 Nabilone (Another name for nabilone:
13-26 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
13-27 hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
13-28 N-ethyl-3-piperidyl benzilate;
13-29 N-hydroxy-3,4-methylenedioxyamphetamine (Also
13-30 known as N-hydroxy MDA);
13-31 4-methylaminorex;
13-32 N-methyl-3-piperidyl benzilate;
13-33 Parahexyl (some trade or other names:
13-34 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
13-35 9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
13-36 1-Phenylcyclohexylamine;
13-37 1-Piperidinocyclohexanecarbonitrile (PCC);
13-38 Psilocin;
13-39 Psilocybin;
13-40 Pyrrolidine Analog of Phencyclidine (some trade
13-41 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
13-42 Tetrahydrocannabinols, other than marihuana, and
13-43 synthetic equivalents of the substances contained in the plant, or
13-44 in the resinous extractives of Cannabis, or synthetic substances,
13-45 derivatives, and their isomers with similar chemical structure and
13-46 pharmacological activity such as:
13-47 delta-1 cis or trans tetrahydrocannabinol,
13-48 and their optical isomers;
13-49 delta-6 cis or trans tetrahydrocannabinol,
13-50 and their optical isomers;
13-51 delta-3, 4 cis or trans
13-52 tetrahydrocannabinol, and its optical isomers;
13-53 compounds of these structures, regardless
13-54 of numerical designation of atomic positions, since nomenclature of
13-55 these substances is not internationally standardized;
13-56 Thiophene Analog of Phencyclidine (some trade or
13-57 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
13-58 Analog of Phencyclidine; TPCP, TCP);
13-59 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
13-60 trade or other names: TCPy); and
13-61 3,4,5-trimethoxy amphetamine;
13-62 (2) Phenylacetone (some trade or other names:
13-63 Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone);
13-64 and
13-65 (3) unless specifically excepted or unless listed in
13-66 another Penalty Group, a material, compound, mixture, or
13-67 preparation that contains any quantity of the following substances
13-68 having a potential for abuse associated with a depressant or
13-69 stimulant effect on the central nervous system:
14-1 Aminorex (some trade or other names:
14-2 aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
14-3 4,5-dihydro-5-phenyl-2-oxazolamine);
14-4 Amphetamine, its salts, optical isomers, and
14-5 salts of optical isomers;
14-6 Cathinone (some trade or other names:
14-7 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
14-8 2-aminopropiophenone);
14-9 Etorphine Hydrochloride;
14-10 Fenethylline and its salts;
14-11 Mecloqualone and its salts;
14-12 Methaqualone and its salts;
14-13 Methcathinone (some trade or other names:
14-14 2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
14-15 2-(methylamino)-1-phenylpropan-1-one;
14-16 alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
14-17 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
14-18 1431);
14-19 N-Ethylamphetamine, its salts, optical isomers,
14-20 and salts of optical isomers; and
14-21 N,N-dimethylamphetamine (some trade or other
14-22 names: N,N,alpha-trimethylbenzeneethaneamine;
14-23 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
14-24 salts of optical isomers.
14-25 SECTION 18. Subsection (a), Section 481.104, Health and
14-26 Safety Code, is amended to read as follows:
14-27 (a) Penalty Group 3 consists of:
14-28 (1) a material, compound, mixture, or preparation that
14-29 contains any quantity of the following substances having a
14-30 potential for abuse associated with a stimulant effect on the
14-31 central nervous system:
14-32 Methylphenidate and its salts; and
14-33 Phenmetrazine and its salts;
14-34 (2) a material, compound, mixture, or preparation that
14-35 contains any quantity of the following substances having a
14-36 potential for abuse associated with a depressant effect on the
14-37 central nervous system:
14-38 a substance that contains any quantity of a
14-39 derivative of barbituric acid, or any salt of a derivative of
14-40 barbituric acid not otherwise described [covered] by this
14-41 subsection;
14-42 a compound, mixture, or preparation containing
14-43 amobarbital, secobarbital, pentobarbital, or any salt of any of
14-44 these, and one or more active medicinal ingredients that are not
14-45 listed in any penalty group;
14-46 a suppository dosage form containing amobarbital,
14-47 secobarbital, pentobarbital, or any salt of any of these drugs, and
14-48 approved by the United States Food and Drug Administration for
14-49 marketing only as a suppository;
14-50 Alprazolam;
14-51 Amobarbital;
14-52 Bromazepam;
14-53 Camazepam;
14-54 Chlordiazepoxide;
14-55 Chlorhexadol;
14-56 Clobazam;
14-57 Clonazepam;
14-58 Clorazepate;
14-59 Clotiazepam;
14-60 Cloxazolam;
14-61 Delorazepam;
14-62 Diazepam;
14-63 Estazolam;
14-64 Ethyl loflazepate;
14-65 Fludiazepam;
14-66 Flurazepam;
14-67 Glutethimide;
14-68 Halazepam;
14-69 Haloxzolam;
15-1 Ketazolam;
15-2 Loprazolam;
15-3 Lorazepam;
15-4 Lormetazepam;
15-5 Lysergic acid, including its salts, isomers, and
15-6 salts of isomers;
15-7 Lysergic acid amide, including its salts,
15-8 isomers, and salts of isomers;
15-9 Mebutamate;
15-10 Medazepam;
15-11 Methyprylon;
15-12 Midazolam;
15-13 Nimetazepam;
15-14 Nitrazepam;
15-15 Nordiazepam;
15-16 Oxazepam;
15-17 Oxazolam;
15-18 Pentazocine, its salts, derivatives, or compounds
15-19 or mixtures thereof;
15-20 Pentobarbital;
15-21 Pinazepam;
15-22 Prazepam;
15-23 Quazepam;
15-24 Secobarbital;
15-25 Sulfondiethylmethane;
15-26 Sulfonethylmethane;
15-27 Sulfonmethane;
15-28 Temazepam;
15-29 Tetrazepam;
15-30 Tiletamine and zolazepam in combination, and its
15-31 salts. (some trade or other names for a tiletamine-zolazepam
15-32 combination product: Telazol, for tiletamine:
15-33 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
15-34 4-(2-fluorophenyl)-6,
15-35 8-dihydro-1,3,8,-trimethylpyrazolo-(3,4-e)(1,4)-d
15-36 diazepin-7(1H)-one, flupyrazapon);
15-37 Triazolam;
15-38 Zaleplon; and
15-39 Zolpidem;
15-40 (3) Nalorphine;
15-41 (4) a material, compound, mixture, or preparation
15-42 containing limited quantities of the following narcotic drugs, or
15-43 any of their salts:
15-44 not more than 1.8 grams of codeine, or any of its
15-45 salts, per 100 milliliters or not more than 90 milligrams per
15-46 dosage unit, with an equal or greater quantity of an isoquinoline
15-47 alkaloid of opium;
15-48 not more than 1.8 grams of codeine, or any of its
15-49 salts, per 100 milliliters or not more than 90 milligrams per
15-50 dosage unit, with one or more active, nonnarcotic ingredients in
15-51 recognized therapeutic amounts;
15-52 not more than 300 milligrams of dihydrocodeinone
15-53 (hydrocodone), or any of its salts, per 100 milliliters or not more
15-54 than 15 milligrams per dosage unit, with a fourfold or greater
15-55 quantity of an isoquinoline alkaloid of opium;
15-56 not more than 300 milligrams of dihydrocodeinone
15-57 (hydrocodone), or any of its salts, per 100 milliliters or not more
15-58 than 15 milligrams per dosage unit, with one or more active,
15-59 nonnarcotic ingredients in recognized therapeutic amounts;
15-60 not more than 1.8 grams of dihydrocodeine, or any
15-61 of its salts, per 100 milliliters or not more than 90 milligrams
15-62 per dosage unit, with one or more active, nonnarcotic ingredients
15-63 in recognized therapeutic amounts;
15-64 not more than 300 milligrams of ethylmorphine, or
15-65 any of its salts, per 100 milliliters or not more than 15
15-66 milligrams per dosage unit, with one or more active, nonnarcotic
15-67 ingredients in recognized therapeutic amounts;
15-68 not more than 500 milligrams of opium per 100
15-69 milliliters or per 100 grams, or not more than 25 milligrams per
16-1 dosage unit, with one or more active, nonnarcotic ingredients in
16-2 recognized therapeutic amounts;
16-3 not more than 50 milligrams of morphine, or any
16-4 of its salts, per 100 milliliters or per 100 grams with one or more
16-5 active, nonnarcotic ingredients in recognized therapeutic amounts;
16-6 and
16-7 not more than 1 milligram of difenoxin and not
16-8 less than 25 micrograms of atropine sulfate per dosage unit;
16-9 (5) a material, compound, mixture, or preparation that
16-10 contains any quantity of the following substances:
16-11 Barbital;
16-12 Chloral betaine;
16-13 Chloral hydrate;
16-14 Ethchlorvynol;
16-15 Ethinamate;
16-16 Meprobamate;
16-17 Methohexital;
16-18 Methylphenobarbital (Mephobarbital);
16-19 Paraldehyde;
16-20 Petrichloral; and
16-21 Phenobarbital;
16-22 (6) Peyote, unless unharvested and growing in its
16-23 natural state, meaning all parts of the plant classified
16-24 botanically as Lophophora, whether growing or not, the seeds of the
16-25 plant, an extract from a part of the plant, and every compound,
16-26 manufacture, salt, derivative, mixture, or preparation of the
16-27 plant, its seeds, or extracts;
16-28 (7) unless listed in another penalty group, a
16-29 material, compound, mixture, or preparation that contains any
16-30 quantity of the following substances having a stimulant effect on
16-31 the central nervous system, including the substance's salts,
16-32 optical, position, or geometric isomers, and salts of the
16-33 substance's isomers, if the existence of the salts, isomers, and
16-34 salts of isomers is possible within the specific chemical
16-35 designation:
16-36 Benzphetamine;
16-37 Cathine ((+)-norpseudoephedrine);
16-38 Chlorphentermine;
16-39 Clortermine;
16-40 Diethylpropion;
16-41 Fencamfamin;
16-42 Fenfluramine;
16-43 Fenproporex;
16-44 Mazindol;
16-45 Mefenorex;
16-46 Modafinil;
16-47 Pemoline (including organometallic complexes and
16-48 their chelates);
16-49 Phendimetrazine;
16-50 Phentermine;
16-51 Pipradrol;
16-52 Sibutramine; and
16-53 SPA ((-)-1-dimethylamino-1,2-diphenylethane);
16-54 (8) unless specifically excepted or unless listed in
16-55 another penalty group, a material, compound, mixture, or
16-56 preparation that contains any quantity of the following substance,
16-57 including its salts:
16-58 Dextropropoxyphene
16-59 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
16-60 and
16-61 (9) an anabolic steroid or any substance that is
16-62 chemically or pharmacologically related to testosterone, other than
16-63 an estrogen, progestin, or corticosteroid, and promotes muscle
16-64 growth, including:
16-65 Boldenone;
16-66 Chlorotestosterone (4-chlortestosterone);
16-67 Clostebol;
16-68 Dehydrochlormethyltestosterone;
16-69 Dihydrotestosterone (4-dihydrotestosterone);
17-1 Drostanolone;
17-2 Ethylestrenol;
17-3 Fluoxymesterone;
17-4 Formebulone;
17-5 Mesterolone;
17-6 Methandienone;
17-7 Methandranone;
17-8 Methandriol;
17-9 Methandrostenolone;
17-10 Methenolone;
17-11 Methyltestosterone;
17-12 Mibolerone;
17-13 Nandrolone;
17-14 Norethandrolone;
17-15 Oxandrolone;
17-16 Oxymesterone;
17-17 Oxymetholone;
17-18 Stanolone;
17-19 Stanozolol;
17-20 Testolactone;
17-21 Testosterone; and
17-22 Trenbolone.
17-23 SECTION 19. Section 481.105, Health and Safety Code, is
17-24 amended to read as follows:
17-25 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
17-26 (1) a compound, mixture, or preparation containing
17-27 limited quantities of any of the following narcotic drugs that
17-28 includes one or more nonnarcotic active medicinal ingredients in
17-29 sufficient proportion to confer on the compound, mixture, or
17-30 preparation valuable medicinal qualities other than those possessed
17-31 by the narcotic drug alone:
17-32 not more than 200 milligrams of codeine per 100
17-33 milliliters or per 100 grams;
17-34 not more than 100 milligrams of dihydrocodeine
17-35 per 100 milliliters or per 100 grams;
17-36 not more than 100 milligrams of ethylmorphine per
17-37 100 milliliters or per 100 grams;
17-38 not more than 2.5 milligrams of diphenoxylate and
17-39 not less than 25 micrograms of atropine sulfate per dosage unit;
17-40 not more than 15 milligrams of opium per 29.5729
17-41 milliliters or per 28.35 grams; and
17-42 not more than 0.5 milligram of difenoxin and not
17-43 less than 25 micrograms of atropine sulfate per dosage unit;
17-44 (2) unless specifically excepted or unless listed in
17-45 another penalty group, a material, compound, mixture, or
17-46 preparation containing any quantity of the narcotic drug
17-47 Buprenorphine or Butorphanol or a salt of either [its salts]; and
17-48 (3) unless specifically exempted or excluded or unless
17-49 listed in another penalty group, any material, compound, mixture,
17-50 or preparation that contains any quantity of pyrovalerone, a
17-51 substance having a stimulant effect on the central nervous system,
17-52 including its salts, isomers, and salts of isomers.
17-53 SECTION 20. Section 481.122, Health and Safety Code, is
17-54 amended to read as follows:
17-55 Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR
17-56 MARIHUANA TO CHILD [MINOR]. (a) A [Except as provided by this
17-57 chapter, a] person commits an offense if the person knowingly
17-58 delivers a controlled substance listed in Penalty Group 1, 1-A, 2,
17-59 or 3 or knowingly delivers marihuana and the person delivers the
17-60 controlled substance or marihuana to a person:
17-61 (1) who is a child [17 years of age or younger];
17-62 (2) [who the actor knows or believes intends to
17-63 deliver the controlled substance or marihuana to a person 17 years
17-64 of age or younger;]
17-65 [(3)] who is enrolled in a public or private primary
17-66 [an elementary] or secondary school; or
17-67 (3) [(4)] who the actor knows or believes intends to
17-68 deliver the controlled substance or marihuana to a person described
17-69 by Subdivision (1) or (2) [who is enrolled in an elementary or
18-1 secondary school].
18-2 (b) It is an affirmative defense to prosecution under this
18-3 section that:
18-4 (1) the actor was a child [younger than 18 years of
18-5 age] when the offense was committed; or
18-6 (2) the actor:
18-7 (A) was younger than 21 years of age when the
18-8 offense was committed;
18-9 (B) [and] delivered only marihuana in an amount
18-10 equal to or less than one-fourth ounce; and
18-11 (C) [for which the actor] did not receive
18-12 remuneration for the delivery.
18-13 (c) An offense under this section is a felony of the second
18-14 degree.
18-15 (d) In this section, "child" means a person younger than 18
18-16 years of age.
18-17 (e) If conduct that is an offense under this section is also
18-18 an offense under another section of this chapter, the actor may be
18-19 prosecuted under either section or both.
18-20 SECTION 21. Subsection (a), Section 481.126, Health and
18-21 Safety Code, is amended to read as follows:
18-22 (a) A person commits an offense if the person [knowingly or
18-23 intentionally]:
18-24 (1) expends funds the person knows are derived from
18-25 the commission of an offense under this chapter punishable by
18-26 imprisonment in the institutional division of the Texas Department
18-27 of Criminal Justice for life [under Section 481.112(e) or (f),
18-28 481.113(e), 481.114(e), 481.115(f), 481.116(e), 481.117(e),
18-29 481.118(e), 481.120(b)(6), or 481.121(b)(6)]; or
18-30 (2) finances or invests funds the person knows or
18-31 believes are intended to further the commission of an offense for
18-32 which the punishment is described by [listed under] Subdivision
18-33 (1).
18-34 SECTION 22. Subsection (a), Section 481.128, Health and
18-35 Safety Code, is amended to read as follows:
18-36 (a) A registrant or dispenser commits an offense if the
18-37 registrant or dispenser knowingly:
18-38 (1) distributes, delivers, administers, or dispenses a
18-39 controlled substance in violation of Sections 481.070-481.075;
18-40 (2) manufactures a controlled substance not authorized
18-41 by the person's registration or distributes or dispenses a
18-42 controlled substance not authorized by the person's registration to
18-43 another registrant or other person;
18-44 (3) refuses or fails to make, keep, or furnish a
18-45 record, report, notification, order form, statement, invoice, or
18-46 information required by this chapter;
18-47 (4) prints, manufactures, possesses, or produces an [a
18-48 prescription sticker or] official prescription form without the
18-49 approval of the director;
18-50 (5) delivers or possesses a counterfeit [prescription
18-51 sticker or] official prescription form;
18-52 (6) refuses an entry into a premise for an inspection
18-53 authorized by this chapter;
18-54 (7) refuses or fails to return an official [a]
18-55 prescription form [sticker] as required by Section 481.075(k);
18-56 (8) refuses or fails to make, keep, or furnish a
18-57 record, report, notification, order form, statement, invoice, or
18-58 information required by a rule adopted by the director; or
18-59 (9) refuses or fails to maintain security required by
18-60 this chapter or a rule adopted under this chapter.
18-61 SECTION 23. Subsection (a), Section 481.129, Health and
18-62 Safety Code, is amended to read as follows:
18-63 (a) A person commits an offense if the person knowingly:
18-64 (1) distributes as a registrant or dispenser a
18-65 controlled substance listed in Schedule I or II, unless the person
18-66 distributes the controlled substance under an order form as
18-67 required by Section 481.069;
18-68 (2) uses in the course of manufacturing, prescribing,
18-69 or distributing a controlled substance a registration number that
19-1 is fictitious, revoked, suspended, or issued to another person;
19-2 (3) issues a prescription bearing a forged or
19-3 fictitious signature;
19-4 (4) uses a prescription [sticker] issued to another
19-5 person to prescribe a Schedule II controlled substance;
19-6 (5) [(4)] possesses, obtains, or attempts to possess
19-7 or obtain a controlled substance or an increased quantity of a
19-8 controlled substance:
19-9 (A) by misrepresentation, fraud, forgery,
19-10 deception, or subterfuge;
19-11 (B) through use of a fraudulent prescription
19-12 form; or
19-13 (C) through use of a fraudulent oral or
19-14 telephonically communicated prescription; or
19-15 (6) [(5)] furnishes false or fraudulent material
19-16 information in or omits material information from an application,
19-17 report, record, or other document required to be kept or filed
19-18 under this chapter.
19-19 SECTION 24. Subsection (a), Section 481.136, Health and
19-20 Safety Code, is amended to read as follows:
19-21 (a) A person commits an offense if the person sells,
19-22 transfers, furnishes, or receives a chemical precursor subject to
19-23 [substance listed in] Section 481.077(a) and the person:
19-24 (1) does not hold a chemical precursor transfer permit
19-25 as required by Section 481.078 at the time of the transaction;
19-26 (2) does not comply with Section 481.077;
19-27 (3) knowingly makes a false statement in a report or
19-28 record required by Section 481.077 or 481.078; or
19-29 (4) knowingly violates a rule adopted under Section
19-30 481.077 or 481.078.
19-31 SECTION 25. Subsection (a), Section 481.137, Health and
19-32 Safety Code, is amended to read as follows:
19-33 (a) A person commits an offense if the person sells,
19-34 transfers, or otherwise furnishes a chemical precursor subject to
19-35 [substance listed in] Section 481.077(a) with the knowledge or
19-36 intent that the recipient will use the chemical precursor
19-37 [substance] to unlawfully manufacture a controlled substance or
19-38 controlled substance analogue.
19-39 SECTION 26. Subsection (a), Section 481.138, Health and
19-40 Safety Code, is amended to read as follows:
19-41 (a) A person commits an offense if the person sells,
19-42 transfers, furnishes, or receives a chemical laboratory [an]
19-43 apparatus subject to [described by] Section 481.080(a) and the
19-44 person:
19-45 (1) does not have a chemical laboratory [an] apparatus
19-46 transfer permit as required by Section 481.081 at the time of the
19-47 transaction;
19-48 (2) does not comply with Section 481.080;
19-49 (3) knowingly makes a false statement in a report or
19-50 record required by Section 481.080 or 481.081; or
19-51 (4) knowingly violates a rule adopted under Section
19-52 481.080 or 481.081.
19-53 SECTION 27. Subsection (a), Section 481.139, Health and
19-54 Safety Code, is amended to read as follows:
19-55 (a) A person commits an offense if the person sells,
19-56 transfers, or otherwise furnishes a chemical laboratory [an]
19-57 apparatus [described by Section 481.080(a)] with the knowledge or
19-58 intent that the recipient will use the apparatus to unlawfully
19-59 manufacture a controlled substance or controlled substance
19-60 analogue.
19-61 SECTION 28. Section 481.151, Health and Safety Code, is
19-62 amended to read as follows:
19-63 Sec. 481.151. DEFINITIONS. In this subchapter:
19-64 (1) ["Department" means the Department of Public
19-65 Safety.]
19-66 [(2)] "Controlled substance property" means a
19-67 controlled substance, mixture containing a controlled substance,
19-68 controlled substance analogue, counterfeit controlled substance,
19-69 drug paraphernalia, chemical precursor, chemical laboratory
20-1 apparatus, or raw material.
20-2 (2) [(3)] "Controlled substance plant" means a species
20-3 of plant from which a controlled substance listed in Schedule I or
20-4 II may be derived.
20-5 SECTION 29. Section 481.160, Health and Safety Code, as
20-6 amended by Chapters 14, 141, and 285, Acts of the 72nd Legislature,
20-7 Regular Session, 1991, is reenacted and amended to read as follows:
20-8 Sec. 481.160. DESTRUCTION OF EXCESS QUANTITIES. (a) If a
20-9 controlled substance property or plant is forfeited under this code
20-10 or under Chapter 59, Code of Criminal Procedure, the law
20-11 enforcement agency that seized the property or plant or to which
20-12 the property or plant is forfeited may summarily destroy the
20-13 property or plant without a court order before the disposition of a
20-14 case arising out of the forfeiture if the agency ensures that:
20-15 (1) at least five random and representative samples
20-16 are taken from the total amount of the property or plant and a
20-17 sufficient quantity is preserved to provide for discovery by
20-18 parties entitled to discovery;
20-19 (2) photographs are taken that reasonably depict
20-20 [demonstrate] the total amount of the property or plant; and
20-21 (3) the gross weight or liquid measure of the property
20-22 or plant is determined, either by actually weighing or measuring
20-23 the property or plant or by estimating its weight or measurement
20-24 after making dimensional measurements of the total amount seized.
20-25 (b) If the property consists of a single container of
20-26 liquid, taking and preserving one representative sample complies
20-27 with Subsection (a)(1).
20-28 (c) A representative sample, photograph, or record made
20-29 under this section is admissible in civil or criminal proceedings
20-30 in the same manner and to the same extent as if the total quantity
20-31 of the suspected controlled substance property or plant was offered
20-32 in evidence, regardless of whether the remainder of the property or
20-33 plant has been destroyed. An inference or presumption of
20-34 spoliation does not apply to a property or plant destroyed under
20-35 this section.
20-36 (d) If [All controlled substance property,] hazardous waste,
20-37 residuals, contaminated glassware, associated equipment, or [and]
20-38 by-products from illicit chemical laboratories or similar
20-39 operations that create a health or environmental hazard [hazards]
20-40 or are not capable of being safely stored are forfeited, those
20-41 items [prohibit safe storage] may be disposed of under Subsection
20-42 (a) or may be seized and summarily forfeited and [immediately]
20-43 destroyed by a law enforcement agency without a court order before
20-44 the disposition of a case arising out of the forfeiture if current
20-45 environmental protection standards are followed.
20-46 (e) A law enforcement agency seizing and destroying or
20-47 disposing of materials described in Subsection (d) shall ensure
20-48 that photographs are taken that reasonably depict [demonstrate] the
20-49 total amount of the materials seized and the manner in which the
20-50 materials were physically arranged or positioned before seizure.
20-51 (f) A law enforcement agency may petition a court to
20-52 require, as a condition of community supervision under Article
20-53 42.12, Code of Criminal Procedure, a person to reimburse the agency
20-54 for the cost of the confiscation, analysis, storage, or disposal of
20-55 raw materials, controlled substances, chemical precursors, drug
20-56 paraphernalia, or other materials seized in connection with an
20-57 offense committed by the person under this chapter.
20-58 SECTION 30. Section 552.118, Government Code, is amended to
20-59 read as follows:
20-60 Sec. 552.118. EXCEPTION: OFFICIAL PRESCRIPTION FORM.
20-61 Information is excepted from the requirements of Section 552.021 if
20-62 it is:
20-63 (1) information on or derived from an official
20-64 prescription form filed with the director of the Department of
20-65 Public Safety under Section 481.075, Health and Safety Code; or
20-66 (2) other information collected under Section 481.075
20-67 of that code.
20-68 SECTION 31. Section 481.132, Health and Safety Code, is
20-69 repealed.
21-1 SECTION 32. (a) This Act takes effect September 1, 2001.
21-2 (b) The change in law made by this Act to Sections 481.063
21-3 and 481.066, Health and Safety Code, applies only to a disciplinary
21-4 action that is commenced on or after September 1, 2001. A
21-5 disciplinary action that is commenced before September 1, 2001, is
21-6 governed by the law in effect immediately before September 1, 2001,
21-7 and the former law is continued in effect for that purpose. For
21-8 purposes of this subsection, a disciplinary action is commenced if
21-9 it has been set for hearing.
21-10 (c) The change in law made by this Act to Section 481.064,
21-11 Health and Safety Code, applies only to any application for annual
21-12 registration under Chapter 481 of that code that is submitted to
21-13 the Department of Public Safety on or after September 1, 2001.
21-14 (d) The changes in law made by this Act to Sections 481.122,
21-15 481.126, 481.128, 481.129, and 481.139, Health and Safety Code,
21-16 apply only to an offense committed on or after September 1, 2001.
21-17 An offense committed before September 1, 2001, is covered by the
21-18 law in effect when the offense was committed, and the former law is
21-19 continued in effect for that purpose.
21-20 (e) The repeal by this Act of Section 481.132, Health and
21-21 Safety Code, applies only to the prosecution of an offense
21-22 committed on or after September 1, 2001. The prosecution of an
21-23 offense committed before September 1, 2001, is governed by the law
21-24 in effect when the offense was committed, and the former law is
21-25 continued in effect for that purpose.
21-26 (f) For purposes of Subsections (d) and (e) of this section,
21-27 an offense was committed before September 1, 2001, if any element
21-28 of the offense occurred before that date.
21-29 * * * * *