By: Price, Coleman, Naishtat, Zerwas, H.B. No. 1212
      Bonnen of Galveston, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the designation and regulation of abusable synthetic
  substances, the emergency scheduling of certain controlled
  substances, the prosecution and punishment of certain offenses
  involving a controlled substance or controlled substance analogue,
  and the offense of falsification of drug test results.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 431, Health and Safety Code, is amended
  by adding Subchapter G-1 to read as follows:
  SUBCHAPTER G-1. ABUSABLE SYNTHETIC SUBSTANCES
         Sec. 431.171.  DESIGNATION OF CONSUMER COMMODITY AS ABUSABLE
  SYNTHETIC SUBSTANCE. (a) The commissioner may designate a consumer
  commodity as an abusable synthetic substance if the commissioner
  determines that the consumer commodity is likely an abusable
  synthetic substance and the importation, manufacture,
  distribution, or retail sale of the commodity poses a threat to
  public health.
         (b)  In determining whether a consumer commodity is an
  abusable synthetic substance, the commissioner may consider:
               (1)  whether the commodity is sold at a price higher
  than similar commodities are ordinarily sold;
               (2)  any evidence of clandestine importation,
  manufacture, distribution, or diversion from legitimate channels;
               (3)  any evidence suggesting the product is intended
  for human consumption, regardless of any consumption prohibitions
  or warnings on the packaging of the commodity; or
               (4)  whether any of the following factors suggest the
  commodity is an abusable synthetic substance intended for illicit
  drug use:
                     (A)  the appearance of the packaging of the
  commodity;
                     (B)  oral or written statements or
  representations of a person who sells, manufactures, distributes,
  or imports the commodity;
                     (C)  the methods by which the commodity is
  distributed; and
                     (D)  the manner in which the commodity is sold to
  the public.
         Sec. 431.172.  APPLICABILITY OF CHAPTER TO ABUSABLE
  SYNTHETIC SUBSTANCE. A commodity classified as an abusable
  synthetic substance by the commissioner under Section 431.171 is
  subject to:
               (1)  the provisions of this chapter that apply to food
  and cosmetics, including provisions relating to adulteration,
  packaging, misbranding, and inspection; and
               (2)  all enforcement actions under Subchapter C.
         SECTION 2.  Sections 481.002(5) and (6), Health and Safety
  Code, are amended to read as follows:
               (5)  "Controlled substance" means a substance,
  including a drug, an adulterant, and a dilutant, listed in
  Schedules I through V or Penalty Group [Groups] 1, 1-A, [or] 2, 2-A,
  3, or [through] 4. The term includes the aggregate weight of any
  mixture, solution, or other substance containing a controlled
  substance.
               (6)  "Controlled substance analogue" means:
                     (A)  a substance with a chemical structure
  substantially similar to the chemical structure of a controlled
  substance in Schedule I or II or Penalty Group 1, 1-A, [or] 2, or
  2-A; or
                     (B)  a substance specifically designed to produce
  an effect substantially similar to, or greater than, the effect of a
  controlled substance in Schedule I or II or Penalty Group 1, 1-A,
  [or] 2, or 2-A.
         SECTION 3.  Subchapter B, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.0355 to read as follows:
         Sec. 481.0355.  EMERGENCY SCHEDULING. (a) The commissioner
  may emergency schedule a substance as a controlled substance if the
  commissioner determines the action is necessary to avoid an
  imminent hazard to the public safety, the substance is not already
  scheduled, and no exemption or approval is in effect for the
  substance under Section 505, Federal Food, Drug, and Cosmetic Act
  (21 U.S.C. Section 355).
         (b)  In determining whether a substance poses an imminent
  hazard to the public safety, the commissioner shall consider, in
  addition to the factors provided by Section 481.034(d):
               (1)  the scope, duration, and symptoms of abuse;
               (2)  the degree of detriment that abuse of the
  substance may cause;
               (3)  whether the substance has been temporarily
  scheduled under federal law; and
               (4)  whether the substance has been temporarily or
  permanently scheduled under the law of another state.
         (c)  If the commissioner emergency schedules a substance as a
  controlled substance under this section, an emergency exists for
  purposes of Section 481.036(c) and the action takes effect on the
  date the schedule is published in the Texas Register.
         (d)  An emergency scheduling under this section expires on
  September 1 of each odd-numbered year for any scheduling that
  occurs before January 1 of that year.
         (e)  The commissioner shall post notice about each emergency
  scheduling under this section on the Internet website of the
  Department of State Health Services.
         SECTION 4.  Section 481.106, Health and Safety Code, is
  amended to read as follows:
         Sec. 481.106.  CLASSIFICATION OF CONTROLLED SUBSTANCE
  ANALOGUE. For the purposes of the prosecution of an offense under
  this subchapter involving the manufacture, delivery, or possession
  of a controlled substance, Penalty Groups 1, 1-A, [and] 2, and 2-A
  include a controlled substance analogue that:
               (1)  has a chemical structure substantially similar to
  the chemical structure of a controlled substance listed in the
  applicable penalty group; or
               (2)  is specifically designed to produce an effect
  substantially similar to, or greater than, a controlled substance
  listed in the applicable penalty group.
         SECTION 5.  Section 481.123(a), Health and Safety Code, is
  amended to read as follows:
         (a)  It is an affirmative defense to the prosecution of an
  offense under this subchapter involving the manufacture, delivery,
  or possession of a controlled substance analogue that the analogue:
               (1)  [was not in any part intended for human
  consumption;
               [(2)]  was a substance for which there is an approved
  new drug application under Section 505 of the Federal Food, Drug,
  and Cosmetic Act (21 U.S.C. Section 355); or
               (2) [(3)]  was a substance for which an exemption for
  investigational use has been granted under Section 505 of the
  Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355), if the
  actor's conduct with respect to the substance is in accord with the
  exemption.
         SECTION 6.  Sections 481.133(a), (b), and (c), Health and
  Safety Code, are amended to read as follows:
         (a)  A person commits an offense if the person knowingly or
  intentionally uses or possesses with intent to use any device or
  substance, including synthetic urine, [or device] designed to
  falsify drug test results.
         (b)  A person commits an offense if the person knowingly or
  intentionally delivers, possesses with intent to deliver, or
  manufactures with intent to deliver a device or substance,
  including synthetic urine, [or device] designed to falsify drug
  test results.
         (c)  In this section:
               (1)  "Drug [, "drug] test" means a lawfully
  administered test designed to detect the presence of a controlled
  substance or marihuana.
               (2)  "Synthetic urine" means a substance intended to
  mimic and be substituted for human urine in a drug test.
         
         SECTION 7.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 8.  This Act takes effect September 1, 2015.