81R24898 JSC-F
By: Homer H.B. No. 4517
Substitute the following for H.B. No. 4517:
By: King of Parker C.S.H.B. No. 4517
A BILL TO BE ENTITLED
AN ACT
relating to a study on implementing a statewide electronic records
system for the transmission of records relating to over-the-counter
sales of ephedrine, pseudoephedrine, and norpseudoephedrine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The director of the Department of Public
Safety or the director's designee, the executive director of the
Texas State Board of Pharmacy or the executive director's designee,
and the commissioner of state health services or the commissioner's
designee shall meet as an interagency council to conduct a study on
the implementation of a statewide electronic records system for the
transmission of records from business establishments to the
Department of Public Safety relating to over-the-counter sales of
ephedrine, pseudoephedrine, and norpseudoephedrine under Chapter
486, Health and Safety Code. The study must examine:
(1) the feasibility of implementing a statewide
electronic records system, including the potential cost to this
state and to business establishments that make over-the-counter
sales of ephedrine, pseudoephedrine, and norpseudoephedrine;
(2) any existing state infrastructure or resources
that could be used for the statewide electronic records system;
(3) the ability of the Department of Public Safety and
business establishments that make over-the-counter sales of
ephedrine, pseudoephedrine, and norpseudoephedrine to participate
in the statewide electronic records system;
(4) the use for law enforcement purposes of
information collected through the statewide electronic records
system;
(5) appropriate standards and data formats to be used
in the statewide electronic records system to ensure the security
and uniformity of information transmitted by the system; and
(6) solutions to deter the illicit manufacturing and
use of methamphetamine.
(b) In conducting the study, the interagency council shall
solicit input from:
(1) a cross-section of business establishments,
including pharmacies, that make over-the-counter sales of
ephedrine, pseudoephedrine, and norpseudoephedrine;
(2) law enforcement agencies;
(3) the United States Drug Enforcement
Administration; and
(4) any other entity that the interagency council
considers necessary or appropriate.
(c) Not later than December 1, 2010, the interagency council
shall submit a report of the results of the study to the
legislature. The report must include:
(1) the council's recommendations on the use of any
existing state infrastructure or resources to support the
implementation of a statewide electronic records system;
(2) the estimated cost to this state of implementing
the electronic records system;
(3) a description of how information in the electronic
records system is projected to be used for law enforcement
purposes; and
(4) the council's recommendations for future
legislation regarding the use of a statewide electronic records
system for the purposes described by this section.
(d) This Act expires September 1, 2011.
SECTION 2. 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.