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A BILL TO BE ENTITLED
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AN ACT
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relating to transmission of records regarding 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. Section 486.015, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 486.015. TRANSMISSION AND MAINTENANCE OF RECORDS. |
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(a) The Department of Public Safety shall create an electronic |
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records system for transmission of records under this chapter. |
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(b) The electronic records system must allow a business |
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establishment to electronically submit to the Department of Public |
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Safety a record made under Section 486.014(2) and provide for the |
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Department of Public Safety to have access to that record as soon as |
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practicable based on the available technology. The business |
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establishment shall submit the record through the electronic |
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records system as soon as practicable after the record is created. |
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(c) Notwithstanding Subsection (b), a business |
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establishment is not required to electronically submit a record if |
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the business establishment does not have access to an Internet |
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connection or computer equipment necessary to submit the |
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information electronically. |
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(d) The business establishment shall maintain a copy of each |
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record made under Section 486.014(2) until at least the second |
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anniversary of the date the record is made and shall make each |
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record available on request by the department or the Department of |
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Public Safety. |
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(e) The Department of Public Safety shall adopt rules to |
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implement this section. |
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SECTION 2. The Department of Public Safety shall create the |
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electronic records system required by Section 486.015, Health and |
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Safety Code, as amended by this Act, not later than January 1, 2010. |
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SECTION 3. The change in law made by this Act applies only |
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to an over-the-counter sale that occurs on or after February 1, |
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2010. An over-the-counter sale that occurs before February 1, |
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2010, is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. 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. |