83R12154 JSC-D
 
  By: Dukes H.B. No. 453
 
  Substitute the following for H.B. No. 453:
 
  By:  S. Davis of Harris C.S.H.B. No. 453
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application, renewal, and period of validity of a
  registration under the Texas Controlled Substances Act;
  authorizing the increase of a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.063(g), Health and Safety Code, is
  amended to read as follows:
         (g)  A registration is valid until the third [first]
  anniversary of the date of issuance and is renewable every three
  years [may be renewed annually] under rules adopted by the
  director, unless a rule provides for a longer period of validity or
  renewal.
         SECTION 2.  Subchapter C, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.0631 to read as follows:
         Sec. 481.0631.  ELECTRONIC RENEWAL. (a)  The department
  shall implement an electronic registration program on the
  department's Internet website to allow a registrant to submit over
  the Internet:
               (1)  a registration renewal application; and
               (2)  the payment of any applicable fee.
         (b)  The director shall adopt rules as necessary to implement
  this section, including rules establishing procedures as
  appropriate to ensure the integrity, accuracy, and security of
  renewal applications submitted electronically.
         SECTION 3.  Section 481.064(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The director may charge a nonrefundable fee of not more
  than $75 [$25] before processing an application for an initial 
  [annual] registration or an application for a registration renewal 
  and may charge a late fee of not more than $50 for each application
  for renewal the department receives after the date the registration
  expires.  The director by rule shall set the amounts of the fees at
  the amounts that are necessary to cover the cost of administering
  and enforcing this subchapter.  Except as provided by Subsection
  (b) and Section 481.0631(a)(2), registrants shall pay the fees to
  the director.  Not later than 90 [60] days before the date the
  registration expires, the director shall send a renewal notice to
  the registrant:
               (1)  at the last known address of the registrant
  according to department records; or
               (2)  if the registrant has indicated to the department
  a preference to receive notifications electronically, to the e-mail
  address provided by the registrant.
         SECTION 4.  (a)  The change in law made by this Act applies to
  an application for an initial registration under Subchapter C,
  Chapter 481, Health and Safety Code, that is submitted on or after
  September 1, 2014. An application for an initial registration
  submitted before September 1, 2014, is governed by the law as it
  existed immediately before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         (b)  The change in law made by this Act applies to a renewal
  of a registration under Subchapter C, Chapter 481, Health and
  Safety Code, that expires on or after September 1, 2014. A
  registration that expires before September 1, 2014, is governed by
  the law as it existed immediately before the effective date of this
  Act, and the former law is continued in effect for that purpose.
         SECTION 5.  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, 2013.