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.