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  By: Taylor of Collin S.B. No. 1582
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the scheduling of controlled substances and the
  designation and emergency scheduling of certain substances as
  hazardous controlled substances; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Montana Brown Act.
         SECTION 2.  Section 481.036(c), Health and Safety Code, is
  amended to read as follows:
         (c)  An action by the commissioner that establishes or
  modifies a schedule under this subchapter may take effect not
  earlier than the 21st day after the date on which the schedule or
  modification is published in the Texas Register unless an emergency
  exists that necessitates earlier action to avoid an imminent hazard
  to the public safety. The commissioner may determine that an
  imminent hazard to the public safety exists if the commissioner
  makes findings with respect to each of the factors listed in
  Sections 481.034(d)(4), (5), and (6) that indicate that the
  substance poses a danger to health and safety if not immediately
  controlled.
         SECTION 3.  Subtitle C, Title 6, Health and Safety Code, is
  amended by adding Chapter 488 to read as follows:
  CHAPTER 488.  HAZARDOUS CONTROLLED SUBSTANCE EMERGENCY SCHEDULING
         Sec. 488.001.  DEFINITIONS.  In this chapter, "commissioner" 
  and "controlled substance" have the meanings assigned by Chapter
  481.
         Sec. 488.002.  DESIGNATION OF HAZARDOUS CONTROLLED
  SUBSTANCE; CRITERIA. When the commissioner under Section 481.032
  modifies Schedule I to add a controlled substance, the commissioner
  at that time may designate the substance as a hazardous controlled
  substance if the commissioner:
               (1)  finds that the substance:
                     (A)  is chemically similar in structure or effect
  to a controlled substance listed in a penalty group under
  Subchapter D, Chapter 481; or
                     (B)  poses an imminent danger to life or health;
  and
               (2)  receives approval for the hazardous controlled
  substance designation from the governor, lieutenant governor, and
  attorney general.
         Sec. 488.003.  EMERGENCY SCHEDULING.  (a)  The commissioner
  shall publish a list of the controlled substances that are
  designated as hazardous controlled substances by filing a certified
  copy of the list with the secretary of state for publication in the
  Texas Register at the time the commissioner files a copy of the
  schedules under Section 481.036.
         (b)  The designation of a substance as a hazardous controlled
  substance takes effect on the date the modification that added the
  substance to Schedule I takes effect according to Section
  481.036(c).
         Sec. 488.004.  OFFENSE:  MANUFACTURE OR DELIVERY OF
  HAZARDOUS CONTROLLED SUBSTANCE. (a)  A person commits an offense
  if the person knowingly manufactures, delivers, or possesses with
  intent to deliver a controlled substance designated as a hazardous
  controlled substance under this chapter.
         (b)  An offense under Subsection (a) is a Class A misdemeanor
  if the amount of the controlled substance to which the offense
  applies is, by aggregate weight, including adulterants or
  dilutants, less than 28 grams.
         (c)  An offense under Subsection (a) is a state jail felony
  if the amount of the controlled substance to which the offense
  applies is, by aggregate weight, including adulterants or
  dilutants, 28 grams or more but less than 200 grams.
         (d)  An offense under Subsection (a) is a felony of the third
  degree if the amount of the controlled substance to which the
  offense applies is, by aggregate weight, including adulterants or
  dilutants, 200 grams or more but less than 400 grams.
         (e)  An offense under Subsection (a) is a felony of the
  second degree if the amount of the controlled substance to which the
  offense applies is, by aggregate weight, including adulterants or
  dilutants, 400 grams or more.
         Sec. 488.005.  OFFENSE:  POSSESSION OF HAZARDOUS CONTROLLED
  SUBSTANCE.  (a)  A person commits an offense if the person
  knowingly possesses a controlled substance designated as a
  hazardous controlled substance under this chapter.
         (b)  An offense under Subsection (a) is a Class B misdemeanor
  if the amount of the controlled substance possessed is, by
  aggregate weight, including adulterants or dilutants, less than 28
  grams.
         (c)  An offense under Subsection (a) is a Class A misdemeanor
  if the amount of the controlled substance possessed is, by
  aggregate weight, including adulterants or dilutants, 28 grams or
  more but less than 200 grams.
         (d)  An offense under Subsection (a) is a state jail felony
  if the amount of the controlled substance possessed is, by
  aggregate weight, including adulterants or dilutants, 200 grams or
  more but less than 400 grams.
         (e)  An offense under Subsection (a) is a felony of the third
  degree if the amount of the controlled substance possessed is, by
  aggregate weight, including adulterants or dilutants, 400 grams or
  more.
         Sec. 488.006.  EFFECT ON OTHER PROVISIONS OF SUBTITLE. If
  conduct that is an offense under this chapter is also an offense
  under another provision of this subtitle, the actor may be
  prosecuted under either this chapter or the other provision or
  both.
         Sec. 488.007.  APPLICABILITY. This chapter does not apply
  to a controlled substance that is listed in a penalty group under
  Subchapter D, Chapter 481.
         Sec. 488.008.  EXPIRATION. The designation of a controlled
  substance as a hazardous controlled substance expires on September
  1 of each odd-numbered year for any designation in effect before
  January 1 of that year.
         SECTION 4.  This Act takes effect September 1, 2015.