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A BILL TO BE ENTITLED
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AN ACT
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relating to the emergency scheduling of certain controlled |
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substances for the purpose of the prosecution and punishment of |
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certain offenses under the Texas Controlled Substances Act; |
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expanding the application of certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 481.0355, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 481.0355. EMERGENCY SCHEDULING; LEGISLATIVE REPORT. |
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SECTION 2. Section 481.0355, Health and Safety Code, is |
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amended by amending Subsections (c), (d), (f), and (g) and adding |
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Subsections (f-1) and (h) to read as follows: |
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(c) Before emergency scheduling a substance as a controlled |
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substance under this section, the commissioner shall consult with |
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the Department of Public Safety [regarding the chemical structure
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of compounds contained in that substance,] and may emergency |
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schedule the substance only in accordance with any recommendations |
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provided by the department. |
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(d) In determining whether a substance poses an imminent |
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hazard to the public safety, the commissioner shall consider[, in
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addition to the factors provided by Section 481.034(d)]: |
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(1) the scope, duration, [and] symptoms, or |
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significance of abuse; |
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(2) the degree of detriment that abuse of the |
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substance may cause; |
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(3) whether the substance has been temporarily |
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scheduled under federal law; and |
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(4) whether the substance has been temporarily or |
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permanently scheduled under the law of another state. |
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(f) Except as otherwise provided by Subsection (f-1), an |
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[An] emergency scheduling under this section expires on September 1 |
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of each odd-numbered year for any scheduling that occurs before |
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January 1 of that year. |
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(f-1) The commissioner may extend the emergency scheduling |
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of a substance under this section not more than once and for a |
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period not to exceed one year by publishing the extension in the |
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Texas Register. If the commissioner extends the emergency |
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scheduling of a substance, an emergency exists for purposes of |
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Section 481.036(c) and the action takes effect on the date the |
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extension is published in the Texas Register. |
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(g) The commissioner shall post notice about each emergency |
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scheduling of a substance or each extension of an emergency |
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scheduling of a substance under this section on the Internet |
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website of the Department of State Health Services. |
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(h) Not later than December 1 of each even-numbered year, |
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the commissioner shall submit a report about each emergency |
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scheduling action taken under this section during the preceding |
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two-year period to the governor, the lieutenant governor, the |
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speaker of the house of representatives, and each legislative |
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standing committee with primary jurisdiction over the department |
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and each legislative standing committee with primary jurisdiction |
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over criminal justice matters. |
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SECTION 3. (a) Sections 481.0355(c) and (d), Health and |
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Safety Code, as amended by this Act, apply only to a controlled |
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substance emergency scheduled under that section on or after the |
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effective date of this Act. |
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(b) Section 481.0355(f-1), Health and Safety Code, as added |
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by this Act, applies to an extension that occurs on or after the |
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effective date of this Act, regardless of whether the controlled |
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substance was emergency scheduled under Section 481.0355, Health |
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and Safety Code, before, on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2017. |