81R11152 JSC-D
By: Homer H.B. No. 4517
A BILL TO BE ENTITLED
AN ACT
relating to transmission of records regarding over-the-counter
sales of ephedrine, pseudoephedrine, and norpseudoephedrine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 486.015, Health and Safety Code, is
amended to read as follows:
Sec. 486.015. TRANSMISSION AND MAINTENANCE OF RECORDS.
(a) The Department of Public Safety shall create an electronic
records system for transmission of records under this chapter.
(b) The electronic records system must allow a business
establishment to electronically submit to the Department of Public
Safety a record made under Section 486.014(2) and provide for the
Department of Public Safety to have access to that record as soon as
practicable based on the available technology. The business
establishment shall submit the record through the electronic
records system as soon as practicable after the record is created.
(c) Notwithstanding Subsection (b), a business
establishment is not required to electronically submit a record if
the business establishment does not have access to an Internet
connection or computer equipment necessary to submit the
information electronically.
(d) The business establishment shall maintain a copy of each
record made under Section 486.014(2) until at least the second
anniversary of the date the record is made and shall make each
record available on request by the department or the Department of
Public Safety.
(e) The Department of Public Safety shall adopt rules to
implement this section.
SECTION 2. The Department of Public Safety shall create the
electronic records system required by Section 486.015, Health and
Safety Code, as amended by this Act, not later than January 1, 2010.
SECTION 3. The change in law made by this Act applies only
to an over-the-counter sale that occurs on or after February 1,
2010. An over-the-counter sale that occurs before February 1,
2010, is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.