1 | 1 | | 81R24898 JSC-F |
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2 | 2 | | By: Homer H.B. No. 4517 |
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3 | 3 | | Substitute the following for H.B. No. 4517: |
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4 | 4 | | By: King of Parker C.S.H.B. No. 4517 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a study on implementing a statewide electronic records |
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10 | 10 | | system for the transmission of records relating to over-the-counter |
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11 | 11 | | sales of ephedrine, pseudoephedrine, and norpseudoephedrine. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. (a) The director of the Department of Public |
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14 | 14 | | Safety or the director's designee, the executive director of the |
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15 | 15 | | Texas State Board of Pharmacy or the executive director's designee, |
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16 | 16 | | and the commissioner of state health services or the commissioner's |
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17 | 17 | | designee shall meet as an interagency council to conduct a study on |
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18 | 18 | | the implementation of a statewide electronic records system for the |
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19 | 19 | | transmission of records from business establishments to the |
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20 | 20 | | Department of Public Safety relating to over-the-counter sales of |
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21 | 21 | | ephedrine, pseudoephedrine, and norpseudoephedrine under Chapter |
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22 | 22 | | 486, Health and Safety Code. The study must examine: |
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23 | 23 | | (1) the feasibility of implementing a statewide |
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24 | 24 | | electronic records system, including the potential cost to this |
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25 | 25 | | state and to business establishments that make over-the-counter |
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26 | 26 | | sales of ephedrine, pseudoephedrine, and norpseudoephedrine; |
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27 | 27 | | (2) any existing state infrastructure or resources |
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28 | 28 | | that could be used for the statewide electronic records system; |
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29 | 29 | | (3) the ability of the Department of Public Safety and |
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30 | 30 | | business establishments that make over-the-counter sales of |
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31 | 31 | | ephedrine, pseudoephedrine, and norpseudoephedrine to participate |
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32 | 32 | | in the statewide electronic records system; |
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33 | 33 | | (4) the use for law enforcement purposes of |
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34 | 34 | | information collected through the statewide electronic records |
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35 | 35 | | system; |
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36 | 36 | | (5) appropriate standards and data formats to be used |
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37 | 37 | | in the statewide electronic records system to ensure the security |
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38 | 38 | | and uniformity of information transmitted by the system; and |
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39 | 39 | | (6) solutions to deter the illicit manufacturing and |
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40 | 40 | | use of methamphetamine. |
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41 | 41 | | (b) In conducting the study, the interagency council shall |
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42 | 42 | | solicit input from: |
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43 | 43 | | (1) a cross-section of business establishments, |
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44 | 44 | | including pharmacies, that make over-the-counter sales of |
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45 | 45 | | ephedrine, pseudoephedrine, and norpseudoephedrine; |
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46 | 46 | | (2) law enforcement agencies; |
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47 | 47 | | (3) the United States Drug Enforcement |
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48 | 48 | | Administration; and |
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49 | 49 | | (4) any other entity that the interagency council |
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50 | 50 | | considers necessary or appropriate. |
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51 | 51 | | (c) Not later than December 1, 2010, the interagency council |
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52 | 52 | | shall submit a report of the results of the study to the |
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53 | 53 | | legislature. The report must include: |
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54 | 54 | | (1) the council's recommendations on the use of any |
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55 | 55 | | existing state infrastructure or resources to support the |
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56 | 56 | | implementation of a statewide electronic records system; |
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57 | 57 | | (2) the estimated cost to this state of implementing |
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58 | 58 | | the electronic records system; |
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59 | 59 | | (3) a description of how information in the electronic |
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60 | 60 | | records system is projected to be used for law enforcement |
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61 | 61 | | purposes; and |
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62 | 62 | | (4) the council's recommendations for future |
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63 | 63 | | legislation regarding the use of a statewide electronic records |
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64 | 64 | | system for the purposes described by this section. |
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65 | 65 | | (d) This Act expires September 1, 2011. |
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66 | 66 | | SECTION 2. This Act takes effect immediately if it receives |
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67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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70 | 70 | | Act takes effect September 1, 2009. |
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