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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on implementing a statewide electronic records |
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system for the transmission of records relating to over-the-counter |
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sales of ephedrine, pseudoephedrine, and norpseudoephedrine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The director of the Department of Public |
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Safety or the director's designee, the executive director of the |
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Texas State Board of Pharmacy or the executive director's designee, |
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and the commissioner of state health services or the commissioner's |
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designee shall meet as an interagency council to conduct a study on |
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the implementation of a statewide electronic records system for the |
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transmission of records from business establishments to the |
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Department of Public Safety relating to over-the-counter sales of |
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ephedrine, pseudoephedrine, and norpseudoephedrine under Chapter |
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486, Health and Safety Code. The study must examine: |
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(1) the feasibility of implementing a statewide |
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electronic records system, including the potential cost to this |
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state and to business establishments that make over-the-counter |
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sales of ephedrine, pseudoephedrine, and norpseudoephedrine; |
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(2) any existing state infrastructure or resources |
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that could be used for the statewide electronic records system; |
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(3) the ability of the Department of Public Safety and |
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business establishments that make over-the-counter sales of |
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ephedrine, pseudoephedrine, and norpseudoephedrine to participate |
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in the statewide electronic records system; |
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(4) the use for law enforcement purposes of |
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information collected through the statewide electronic records |
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system; |
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(5) appropriate standards and data formats to be used |
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in the statewide electronic records system to ensure the security |
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and uniformity of information transmitted by the system; and |
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(6) solutions to deter the illicit manufacturing and |
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use of methamphetamine. |
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(b) In conducting the study, the interagency council shall |
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solicit input from: |
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(1) a cross-section of business establishments, |
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including pharmacies, that make over-the-counter sales of |
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ephedrine, pseudoephedrine, and norpseudoephedrine; |
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(2) law enforcement agencies; |
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(3) the United States Drug Enforcement |
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Administration; and |
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(4) any other entity that the interagency council |
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considers necessary or appropriate. |
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(c) Not later than December 1, 2010, the interagency council |
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shall submit a report of the results of the study to the |
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legislature. The report must include: |
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(1) the council's recommendations on the use of any |
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existing state infrastructure or resources to support the |
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implementation of a statewide electronic records system; |
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(2) the estimated cost to this state of implementing |
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the electronic records system; |
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(3) a description of how information in the electronic |
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records system is projected to be used for law enforcement |
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purposes; and |
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(4) the council's recommendations for future |
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legislation regarding the use of a statewide electronic records |
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system for the purposes described by this section. |
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(d) This Act expires September 1, 2011. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |