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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the manufacture, distribution, and |
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disposition of controlled substances, precursors, and chemical |
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laboratory apparatus; providing penalties; providing for a change |
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in fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.062(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The following persons are not required to register and |
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may possess a controlled substance under this chapter: |
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(1) an agent or employee of a registered manufacturer, |
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distributor, analyzer, or dispenser of the controlled substance |
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acting in the usual course of business or employment; |
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(2) a common or contract carrier, a warehouseman, or |
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an employee of a carrier or warehouseman whose possession of the |
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controlled substance is in the usual course of business or |
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employment; |
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(3) an ultimate user or a person in possession of the |
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controlled substance under a lawful order of a practitioner or in |
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lawful possession of the controlled substance if it is listed in |
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Schedule V; |
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(4) an officer or employee of this state, another |
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state, a political subdivision of this state or another state, or |
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the United States who is lawfully engaged in the enforcement of a |
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law relating to a controlled substance or drug or to a customs law |
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and authorized to possess the controlled substance in the discharge |
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of the person's official duties; [or] |
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(5) if the substance is tetrahydrocannabinol or one of |
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its derivatives: |
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(A) a Texas Department of Health official, a |
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medical school researcher, or a research program participant |
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possessing the substance as authorized under Subchapter G; or |
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(B) a practitioner or an ultimate user possessing |
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the substance as a participant in a federally approved therapeutic |
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research program that the commissioner has reviewed and found, in |
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writing, to contain a medically responsible research protocol; or |
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(6) a person for whom registration with the United |
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States Drug Enforcement Administration is waived under 21 C.F.R. |
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Section 1301.22. |
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SECTION 2. Sections 481.063(b) and (e), Health and Safety |
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Code, are amended to read as follows: |
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(b) The director may not issue a registration to a person to |
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manufacture, distribute, analyze, dispense, or conduct research |
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with a controlled substance unless the director receives: |
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(1) a consent form signed by the person granting the |
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director the right to inspect records as required by this chapter; |
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and |
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(2) a complete set of the person's fingerprints in the |
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form and manner prescribed by the department. |
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(e) An application for registration to manufacture, |
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distribute, analyze, dispense, or conduct research with a |
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controlled substance may be denied on a finding that the applicant: |
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(1) has furnished material information in an |
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application filed under this chapter that the applicant knows is |
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false or fraudulent; |
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(2) has been convicted of or placed on community |
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supervision or other probation for: |
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(A) a felony; |
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(B) a violation of this chapter or of Chapters |
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482-485; or |
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(C) an offense reasonably related to the |
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registration sought; |
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(3) has voluntarily surrendered or has had suspended, |
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denied, or revoked a registration or application for registration |
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to manufacture, distribute, analyze, or dispense controlled |
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substances under the Federal Controlled Substances Act; |
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(4) has had suspended, probated, or revoked a |
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registration or a practitioner's license under the laws of this |
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state or another state; |
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(5) has intentionally or knowingly failed to establish |
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and maintain effective security controls against diversion of |
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controlled substances into other than legitimate medical, |
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scientific, or industrial channels as provided by federal |
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regulations or laws, this chapter, or a rule adopted under this |
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chapter; |
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(6) has intentionally or knowingly failed to maintain |
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records required to be kept by this chapter or a rule adopted under |
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this chapter; |
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(7) has refused to allow an inspection authorized by |
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this chapter or a rule adopted under this chapter; |
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(8) has intentionally or knowingly violated this |
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chapter or a rule adopted under this chapter; [or] |
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(9) has voluntarily surrendered a registration that |
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has not been reinstated; or |
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(10) has submitted an application fee that is |
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dishonored or reversed and the person has not cured the defect after |
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reasonable notice and opportunity were provided. |
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SECTION 3. Section 481.064(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The director may charge a nonrefundable fee [of not more
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than $25] before processing an application for annual registration |
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and may charge a late fee [of not more than $50] for each |
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application for renewal the department receives after the date the |
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registration expires. The director by rule shall set the amounts of |
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the fees at the amounts that are necessary to cover the cost of |
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administering and enforcing this subchapter. Except as provided by |
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Subsection (b), registrants shall pay the fees to the director. Not |
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later than 60 days before the date the registration expires, the |
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director shall send a renewal notice to the registrant at the last |
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known address of the registrant according to department records. |
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SECTION 4. Section 481.127(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly |
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gives, permits, or obtains unauthorized access to information |
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submitted to the director under Section 481.074(g) or 481.075. |
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SECTION 5. Section 481.301, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 481.301. IMPOSITION OF PENALTY. The department may |
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impose an administrative penalty on a person who violates Section |
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481.061, 481.066, 481.067, 481.069, 481.070, 481.071, 481.072, |
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481.073, 481.074, 481.075, 481.077, 481.0771, 481.078, 481.080, or |
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481.081 or a rule or order adopted under any of those sections. |
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SECTION 6. (a) Sections 481.063(b) and 481.064(a), Health |
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and Safety Code, as amended by this Act, apply only to a |
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registration that is issued or renewed on or after the effective |
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date of this Act. A registration issued or renewed before the |
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effective date of this Act is governed by the law in effect on the |
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date the registration was issued or renewed, and the former law is |
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continued in effect for that purpose. |
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(b) Section 481.063(e), Health and Safety Code, as amended |
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by this Act, applies only to an application for registration, |
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including a renewal application, submitted on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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(c) Section 481.301, Health and Safety Code, as amended by |
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this Act, applies only to a violation that occurs on or after the |
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effective date of this Act. A violation that occurs before that |
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date is governed by the law in effect on the date the violation |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |