83R7749 JSC-D
 
  By: Coleman H.B. No. 3231
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local regulation regarding the sale of certain abusable
  drugs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 370, Local Government Code, is amended
  by adding Section 370.0031 to read as follows:
         Sec. 370.0031.  LOCAL REGULATION REGARDING SALE OF CERTAIN
  ABUSABLE DRUGS. (a)  Except as provided by Subsection (b), the
  governing body of a municipality or county in this state may enact
  an ordinance or rule prohibiting the sale of any drug or chemical
  that is potentially abusable and poses a threat to public health as
  determined by the governing body.
         (b)  The governing body of a municipality or county may not
  enact an ordinance or rule under Subsection (a) prohibiting the
  sale of any substance that is approved by the federal Food and Drug
  Administration.
         SECTION 2.  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.