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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of certain substances as hazardous |
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controlled substances; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Health and Safety Code, is |
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amended by adding Chapter 488 to read as follows: |
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CHAPTER 488. HAZARDOUS CONTROLLED SUBSTANCE DESIGNATION |
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Sec. 488.001. DEFINITIONS. In this chapter, "commissioner" |
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and "controlled substance" have the meanings assigned by Chapter |
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481. |
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Sec. 488.002. DESIGNATION OF HAZARDOUS CONTROLLED |
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SUBSTANCE; CRITERIA. When the commissioner under Section 481.032 |
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modifies Schedule I to add a controlled substance, the commissioner |
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at that time may designate the substance as a hazardous controlled |
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substance if the commissioner: |
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(1) finds that the substance: |
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(A) is chemically similar in structure or effect |
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to a controlled substance listed in a penalty group under |
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Subchapter D, Chapter 481; or |
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(B) poses an imminent danger to life or health; |
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and |
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(2) receives approval for the hazardous controlled |
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substance designation from the governor, lieutenant governor, and |
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attorney general. |
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Sec. 488.003. PUBLICATION; EFFECTIVE DATE. (a) The |
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commissioner shall publish a list of the controlled substances that |
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are designated as hazardous controlled substances by filing a |
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certified copy of the list with the secretary of state for |
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publication in the Texas Register at the time the commissioner |
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files a copy of the schedules under Section 481.036. |
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(b) The designation of a substance as a hazardous controlled |
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substance takes effect on the date the modification that added the |
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substance to Schedule I takes effect according to Section |
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481.036(c). |
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Sec. 488.004. OFFENSE: MANUFACTURE OR DELIVERY OF HAZARDOUS |
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CONTROLLED SUBSTANCE. (a) A person commits an offense if the |
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person knowingly manufactures, delivers, or possesses with intent |
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to deliver a controlled substance designated as a hazardous |
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controlled substance under this chapter. |
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(b) An offense under Subsection (a) is a Class A misdemeanor |
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if the amount of the controlled substance to which the offense |
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applies is, by aggregate weight, including adulterants or |
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dilutants, less than 28 grams. |
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(c) An offense under Subsection (a) is a state jail felony |
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if the amount of the controlled substance to which the offense |
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applies is, by aggregate weight, including adulterants or |
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dilutants, 28 grams or more but less than 200 grams. |
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(d) An offense under Subsection (a) is a felony of the third |
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degree if the amount of the controlled substance to which the |
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offense applies is, by aggregate weight, including adulterants or |
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dilutants, 200 grams or more but less than 400 grams. |
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(e) An offense under Subsection (a) is a felony of the |
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second degree if the amount of the controlled substance to which the |
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offense applies is, by aggregate weight, including adulterants or |
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dilutants, 400 grams or more. |
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Sec. 488.005. OFFENSE: POSSESSION OF HAZARDOUS CONTROLLED |
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SUBSTANCE. (a) A person commits an offense if the person knowingly |
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possesses a controlled substance designated as a hazardous |
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controlled substance under this chapter. |
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(b) An offense under Subsection (a) is a Class B misdemeanor |
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if the amount of the controlled substance possessed is, by |
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aggregate weight, including adulterants or dilutants, less than 28 |
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grams. |
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(c) An offense under Subsection (a) is a Class A misdemeanor |
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if the amount of the controlled substance possessed is, by |
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aggregate weight, including adulterants or dilutants, 28 grams or |
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more but less than 200 grams. |
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(d) An offense under Subsection (a) is a state jail felony |
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if the amount of the controlled substance possessed is, by |
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aggregate weight, including adulterants or dilutants, 200 grams or |
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more but less than 400 grams. |
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(e) An offense under Subsection (a) is a felony of the third |
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degree if the amount of the controlled substance possessed is, by |
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aggregate weight, including adulterants or dilutants, 400 grams or |
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more. |
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Sec. 488.006. EFFECT ON OTHER PROVISIONS OF SUBTITLE. If |
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conduct that is an offense under this chapter is also an offense |
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under another provision of this subtitle, the actor may be |
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prosecuted under either this chapter or the other provision or |
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both. |
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Sec. 488.007. APPLICABILITY. This chapter does not apply |
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to a controlled substance that is listed in a penalty group under |
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Subchapter D, Chapter 481. |
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Sec. 488.008. EXPIRATION. The designation of a controlled |
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substance as a hazardous controlled substance expires on September |
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1 of each odd-numbered year for any designation in effect before |
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January 1 of that year. |
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SECTION 2. This Act takes effect September 1, 2015. |