| 1 | 1 | | 83R12154 JSC-D |
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| 2 | 2 | | By: Dukes H.B. No. 453 |
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| 3 | 3 | | Substitute the following for H.B. No. 453: |
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| 4 | 4 | | By: S. Davis of Harris C.S.H.B. No. 453 |
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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 the application, renewal, and period of validity of a |
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| 10 | 10 | | registration under the Texas Controlled Substances Act; |
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| 11 | 11 | | authorizing the increase of a fee. |
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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. Section 481.063(g), Health and Safety Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (g) A registration is valid until the third [first] |
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| 16 | 16 | | anniversary of the date of issuance and is renewable every three |
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| 17 | 17 | | years [may be renewed annually] under rules adopted by the |
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| 18 | 18 | | director, unless a rule provides for a longer period of validity or |
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| 19 | 19 | | renewal. |
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| 20 | 20 | | SECTION 2. Subchapter C, Chapter 481, Health and Safety |
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| 21 | 21 | | Code, is amended by adding Section 481.0631 to read as follows: |
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| 22 | 22 | | Sec. 481.0631. ELECTRONIC RENEWAL. (a) The department |
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| 23 | 23 | | shall implement an electronic registration program on the |
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| 24 | 24 | | department's Internet website to allow a registrant to submit over |
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| 25 | 25 | | the Internet: |
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| 26 | 26 | | (1) a registration renewal application; and |
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| 27 | 27 | | (2) the payment of any applicable fee. |
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| 28 | 28 | | (b) The director shall adopt rules as necessary to implement |
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| 29 | 29 | | this section, including rules establishing procedures as |
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| 30 | 30 | | appropriate to ensure the integrity, accuracy, and security of |
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| 31 | 31 | | renewal applications submitted electronically. |
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| 32 | 32 | | SECTION 3. Section 481.064(a), Health and Safety Code, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | (a) The director may charge a nonrefundable fee of not more |
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| 35 | 35 | | than $75 [$25] before processing an application for an initial |
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| 36 | 36 | | [annual] registration or an application for a registration renewal |
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| 37 | 37 | | and may charge a late fee of not more than $50 for each application |
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| 38 | 38 | | for renewal the department receives after the date the registration |
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| 39 | 39 | | expires. The director by rule shall set the amounts of the fees at |
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| 40 | 40 | | the amounts that are necessary to cover the cost of administering |
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| 41 | 41 | | and enforcing this subchapter. Except as provided by Subsection |
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| 42 | 42 | | (b) and Section 481.0631(a)(2), registrants shall pay the fees to |
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| 43 | 43 | | the director. Not later than 90 [60] days before the date the |
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| 44 | 44 | | registration expires, the director shall send a renewal notice to |
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| 45 | 45 | | the registrant: |
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| 46 | 46 | | (1) at the last known address of the registrant |
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| 47 | 47 | | according to department records; or |
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| 48 | 48 | | (2) if the registrant has indicated to the department |
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| 49 | 49 | | a preference to receive notifications electronically, to the e-mail |
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| 50 | 50 | | address provided by the registrant. |
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| 51 | 51 | | SECTION 4. (a) The change in law made by this Act applies to |
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| 52 | 52 | | an application for an initial registration under Subchapter C, |
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| 53 | 53 | | Chapter 481, Health and Safety Code, that is submitted on or after |
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| 54 | 54 | | September 1, 2014. An application for an initial registration |
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| 55 | 55 | | submitted before September 1, 2014, is governed by the law as it |
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| 56 | 56 | | existed immediately before the effective date of this Act, and the |
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| 57 | 57 | | former law is continued in effect for that purpose. |
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| 58 | 58 | | (b) The change in law made by this Act applies to a renewal |
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| 59 | 59 | | of a registration under Subchapter C, Chapter 481, Health and |
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| 60 | 60 | | Safety Code, that expires on or after September 1, 2014. A |
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| 61 | 61 | | registration that expires before September 1, 2014, is governed by |
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| 62 | 62 | | the law as it existed immediately before the effective date of this |
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| 63 | 63 | | Act, and the former law is continued in effect for that purpose. |
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| 64 | 64 | | SECTION 5. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2013. |
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