78R6730 AKH-D


By:  Keffer of Eastland                                           H.B. No. 1629



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain chemical precursors under the  
Texas Controlled Substances Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 481.077(l), Health and Safety Code, is 
amended to read as follows:
	(l)  This section does not apply to the sale or transfer of a 
nonnarcotic product that:
		(1)  includes:                                                  
			(A)  ephedrine;                                                       
			(B)  pseudoephedrine;                                                 
			(C)  norpseudoephedrine; or                                           
			(D)  phenylpropanolamine; and                                         
		(2)  is sold with a prescription or over the counter in 
accordance with a federal statute or rule [a chemical precursor 
subject to Subsection (a) if the sale or transfer complies with 
federal law and involves a product that may be sold lawfully with a 
prescription or over the counter without a prescription under the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) 
or a rule adopted under that Act].
	SECTION 2.  Section 481.124, Health and Safety Code, is 
amended by amending Subsection (a) and adding Subsection (f) to 
read as follows:
	(a)  A person commits an offense if, with intent to 
unlawfully manufacture a controlled substance, the person 
possesses or transports:
		(1)  anhydrous ammonia;                                                       
		(2)  an immediate precursor;  or                                              
		(3)  a chemical precursor or an additional chemical
substance named as a precursor by the director [subject to 
regulation] under Section 481.077(b)(1) [481.077].
	(f)  This section does not apply to a chemical precursor 
exempted by the director under Section 481.077(b)(2) from the 
requirements of that section.
	SECTION 3.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act. 
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose. For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense occurred before that date.
	SECTION 4.  This Act takes effect September 1, 2003.