By: Estes, et al. S.B. No. 107
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on engaging in conduct related to the
manufacture of methamphetamine and to the regulation and wholesale
distribution of certain chemical substances; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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 the pharmacy 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. Subsection (l), Section 481.077, 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.