83R12154 JSC-D
By: Dukes H.B. No. 453
Substitute the following for H.B. No. 453:
By: S. Davis of Harris C.S.H.B. No. 453
A BILL TO BE ENTITLED
AN ACT
relating to the application, renewal, and period of validity of a
registration under the Texas Controlled Substances Act;
authorizing the increase of a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.063(g), Health and Safety Code, is
amended to read as follows:
(g) A registration is valid until the third [first]
anniversary of the date of issuance and is renewable every three
years [may be renewed annually] under rules adopted by the
director, unless a rule provides for a longer period of validity or
renewal.
SECTION 2. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.0631 to read as follows:
Sec. 481.0631. ELECTRONIC RENEWAL. (a) The department
shall implement an electronic registration program on the
department's Internet website to allow a registrant to submit over
the Internet:
(1) a registration renewal application; and
(2) the payment of any applicable fee.
(b) The director shall adopt rules as necessary to implement
this section, including rules establishing procedures as
appropriate to ensure the integrity, accuracy, and security of
renewal applications submitted electronically.
SECTION 3. Section 481.064(a), Health and Safety Code, is
amended to read as follows:
(a) The director may charge a nonrefundable fee of not more
than $75 [$25] before processing an application for an initial
[annual] registration or an application for a registration renewal
and may charge a late fee of not more than $50 for each application
for renewal the department receives after the date the registration
expires. The director by rule shall set the amounts of the fees at
the amounts that are necessary to cover the cost of administering
and enforcing this subchapter. Except as provided by Subsection
(b) and Section 481.0631(a)(2), registrants shall pay the fees to
the director. Not later than 90 [60] days before the date the
registration expires, the director shall send a renewal notice to
the registrant:
(1) at the last known address of the registrant
according to department records; or
(2) if the registrant has indicated to the department
a preference to receive notifications electronically, to the e-mail
address provided by the registrant.
SECTION 4. (a) The change in law made by this Act applies to
an application for an initial registration under Subchapter C,
Chapter 481, Health and Safety Code, that is submitted on or after
September 1, 2014. An application for an initial registration
submitted before September 1, 2014, is governed by the law as it
existed immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
(b) The change in law made by this Act applies to a renewal
of a registration under Subchapter C, Chapter 481, Health and
Safety Code, that expires on or after September 1, 2014. A
registration that expires before September 1, 2014, is governed by
the law as it existed immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
SECTION 5. 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, 2013.