AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
To curtail the illegal manufacturing of controlled substances, Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, requires a person who sells, transfers, or otherwise furnishes chemical laboratory apparatus, such as beakers and flasks, to keep detailed and accurate records of all transactions related to the apparatus. For chemical manufacturing companies legally engaged in commercial chemical manufacturing activities, this includes stringent recordkeeping for a significant number of apparatus.
The federal Support Anti-terrorism by Fostering Effective Technologies Act (SAFETY Act (6 C.F.R. Part 25)) is focused on encouraging the development of anti-terrorism technology, and entails an extremely stringent and in-depth review of site and corporate security practices. These practices include deterrents to theft and diversion of products and assets such as chemical lab apparatus. Thus, if a chemical manufacturing company engaged in commercial research and development has received a SAFETY Act designation, it has already demonstrated that its facilities and anti-theft measures meet extremely high standards.
To reduce redundant measures and requirements, S.B. 1666 creates an exemption under Chapter 481, Health and Safety Code, for chemical manufacturers engaged in commercial research and development pursuant to a designation issued under the federal SAFETY Act.
As proposed, S.B. 1666 amends current law relating to exempting manufacturers engaged in certain commercial research and development from registration under the Texas Controlled Substances Act.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 481.062(c), Health and Safety Code, to provide that a chemical manufacturer engaged in commercial research and development pursuant to a designation issued under 6 C.F.R. Part 25 is not required to register under this chapter.
SECTION 2. Effective date: upon passage or September 1, 2015.