| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the scheduling of certain controlled substances in |
|
|
response to certain actions by the United States Food and Drug |
|
|
Administration with respect to those substances. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 481.034, Health and Safety Code, is |
|
|
amended by amending Subsections (a), (b), and (g) and adding |
|
|
Subsection (g-1) to read as follows: |
|
|
(a) The commissioner shall annually establish the schedules |
|
|
of controlled substances. These annual schedules shall include the |
|
|
complete list of all controlled substances from the previous |
|
|
schedules and modifications in the federal schedules of controlled |
|
|
substances as required by Subsection (g) or (g-1). Any further |
|
|
additions to and deletions from these schedules, any rescheduling |
|
|
of substances, and any other modifications made by the commissioner |
|
|
to these schedules of controlled substances shall be made: |
|
|
(1) in accordance with Section 481.035; |
|
|
(2) in a manner consistent with this subchapter; and |
|
|
(3) with approval of the executive commissioner. |
|
|
(b) Except for alterations in schedules required by |
|
|
Subsection (g) or (g-1), the commissioner may not make an |
|
|
alteration in a schedule unless the commissioner holds a public |
|
|
hearing on the matter in Austin and obtains approval from the |
|
|
executive commissioner. |
|
|
(g) Except as otherwise provided by this subsection or |
|
|
Subsection (g-1), if a substance is designated, rescheduled, or |
|
|
deleted as a controlled substance under federal law and notice of |
|
|
that fact is given to the commissioner, the commissioner similarly |
|
|
shall control the substance under this chapter. After the |
|
|
expiration of a 30-day period beginning on the day after the date of |
|
|
publication in the Federal Register of a final order designating a |
|
|
substance as a controlled substance or rescheduling or deleting a |
|
|
substance, the commissioner similarly shall designate, reschedule, |
|
|
or delete the substance, unless the commissioner objects during the |
|
|
period. If the commissioner objects, the commissioner shall |
|
|
publish the reasons for the objection and give all interested |
|
|
parties an opportunity to be heard. At the conclusion of the |
|
|
hearing, the commissioner shall publish a decision, which is final |
|
|
unless altered by statute. On publication of an objection by the |
|
|
commissioner, control as to that particular substance under this |
|
|
chapter is stayed until the commissioner publishes the |
|
|
commissioner's decision. |
|
|
(g-1) If a controlled substance listed in Schedule I is |
|
|
approved by the United States Food and Drug Administration under |
|
|
Section 505, Federal Food, Drug, and Cosmetic Act (21 U.S.C. |
|
|
Section 355), the substance is subsequently deleted as a controlled |
|
|
substance or rescheduled and placed on a lower schedule under |
|
|
federal law, and notice of those facts is given to the commissioner, |
|
|
as soon as practicable the commissioner similarly shall delete or |
|
|
reschedule the substance under this chapter. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
a controlled substance deleted as a controlled substance or |
|
|
rescheduled and placed on a lower schedule under federal law on or |
|
|
after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |