81R11152 JSC-D
 
  By: Homer H.B. No. 4517
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transmission of records regarding over-the-counter
  sales of ephedrine, pseudoephedrine, and norpseudoephedrine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 486.015, Health and Safety Code, is
  amended to read as follows:
         Sec. 486.015.  TRANSMISSION AND MAINTENANCE OF RECORDS.  
  (a)  The Department of Public Safety shall create an electronic
  records system for transmission of records under this chapter.
         (b)  The electronic records system must allow a business
  establishment to electronically submit to the Department of Public
  Safety a record made under Section 486.014(2) and provide for the
  Department of Public Safety to have access to that record as soon as
  practicable based on the available technology. The business
  establishment shall submit the record through the electronic
  records system as soon as practicable after the record is created.
         (c)  Notwithstanding Subsection (b), a business
  establishment is not required to electronically submit a record if
  the business establishment does not have access to an Internet
  connection or computer equipment necessary to submit the
  information electronically.
         (d)  The business establishment shall maintain a copy of each
  record made under Section 486.014(2) until at least the second
  anniversary of the date the record is made and shall make each
  record available on request by the department or the Department of
  Public Safety.
         (e)  The Department of Public Safety shall adopt rules to
  implement this section.
         SECTION 2.  The Department of Public Safety shall create the
  electronic records system required by Section 486.015, Health and
  Safety Code, as amended by this Act, not later than January 1, 2010.
         SECTION 3.  The change in law made by this Act applies only
  to an over-the-counter sale that occurs on or after February 1,
  2010. An over-the-counter sale that occurs before February 1,
  2010, is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect immediately 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 for immediate effect, this
  Act takes effect September 1, 2009.