Amend CSSB 107 by striking all below the enacting clause and 
substituting the following:
	SECTION 1.  Subchapter D, Chapter 481, Health and Safety 
Code, is amended by adding Section 481.1245 to read as follows:
	Sec. 481.1245.  OFFENSE:  POSSESSION OR TRANSPORT OF 
ANHYDROUS AMMONIA; USE OF OR TAMPERING WITH EQUIPMENT.  (a)  A 
person commits an offense if the person:
		(1)  possesses or transports anhydrous ammonia in a 
container or receptacle that is not designed or manufactured to 
hold or transport anhydrous ammonia;
		(2)  uses, transfers, or sells a container or 
receptacle that is designed or manufactured to hold anhydrous 
ammonia without the express consent of the owner of the container or 
receptacle; or
		(3)  tampers with equipment that is manufactured or 
used to hold, apply, or transport anhydrous ammonia without the 
express consent of the owner of the equipment.
	(b)  An offense under this section is a felony of the third 
degree.   
	SECTION 2.  Subchapter C, Chapter 481, Health and Safety 
Code, is amended by adding Section 481.0721 to read as follows:
	Sec. 481.0721.  OVER-THE-COUNTER SALES OF EPHEDRINE, 
PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE.  (a)  In this section, 
"ephedrine," "pseudoephedrine," and "norpseudoephedrine" mean any 
compound, mixture, or preparation containing any detectable amount 
of that substance, including its salts, optical isomers, and salts 
of optical isomers.  The term does not include any compound, 
mixture, or preparation that is in liquid, liquid capsule, or 
liquid gel capsule form.
	(b)  A business establishment may engage in over-the-counter 
sales of products containing ephedrine, pseudoephedrine, or 
norpseudoephedrine only if the establishment:
		(1)  operates a pharmacy licensed by the Texas State 
Board of Pharmacy;
		(2)  engages only in direct retail sales to patrons of 
the establishment for the patrons' personal use; and
		(3)  complies with the requirements of this section.                   
	(c)  A business establishment that engages in 
over-the-counter sales of products containing ephedrine, 
pseudoephedrine, or norpseudoephedrine as the only active 
ingredient shall maintain those products behind the pharmacy 
counter.
	(d)  A business establishment that engages in 
over-the-counter sales of products that contain ephedrine, 
pseudoephedrine, or norpseudoephedrine combined with at least one 
other active ingredient shall maintain those products:
		(1)  behind the pharmacy counter; or                                   
		(2)  in a locked case within 30 feet and in a direct 
line of sight from a cash register or counter staffed by an employee 
of the establishment.
	(e)  Before completing an over-the-counter sale of a product 
containing ephedrine, pseudoephedrine, or norpseudoephedrine, a 
business establishment shall:
		(1)  require the person purchasing the product to:                     
			(A)  display a driver's license or other form of 
identification containing the person's photograph and date of 
birth; and
			(B)  sign for the purchase;                                           
		(2)  make a record of the sale, including the name and 
date of birth of the person making the purchase, the date of 
purchase, and the item and number of grams purchased; and
		(3)  take actions necessary to prevent a person who 
makes over-the-counter purchases of one or more products containing 
ephedrine, pseudoephedrine, or norpseudoephedrine from obtaining 
from the establishment in a single transaction more than:
			(A)  two packages of those products; or                               
			(B)  six grams of ephedrine, pseudoephedrine, 
norpseudoephedrine, or a combination of those substances.
	(f)  The business establishment shall maintain each record 
made under Subsection (e)(2) for at least two years after the date 
the record is made and shall make each record available on request 
by the department or the Texas State Board of Pharmacy.
	SECTION 3.  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 
any compound, mixture, or preparation containing [a nonnarcotic 
product that:
		[(1)  includes:                                              
			[(A)]  ephedrine,[;                 
			[(B)]  pseudoephedrine, or[;        
			[(C)]  norpseudoephedrine that is in liquid, 
liquid capsule, or liquid gel capsule form[; or
			[(D)  phenylpropanolamine; and                              
		[(2)  is sold with a prescription or over the counter in 
accordance with a federal statute or rule].
	SECTION 4.  Chapter 504, Health and Safety Code, is 
repealed.                
	SECTION 5.  The changes in law made by this Act in adding 
Section 481.1245, Health and Safety Code, and repealing Chapter 504 
of that code apply 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 governed 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 was committed before that date.
	SECTION 6.  This Act takes effect on June 1, 2005, if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary to take effect on 
that date, this Act takes effect September 1, 2005.