83R10862 JSC-F
By: Williams S.B. No. 1641
A BILL TO BE ENTITLED
AN ACT
relating to regulation of the manufacture, distribution, and
disposition of controlled substances, precursors, and chemical
laboratory apparatus; providing penalties; providing for a change
in fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.062(a), Health and Safety Code, is
amended to read as follows:
(a) The following persons are not required to register and
may possess a controlled substance under this chapter:
(1) an agent or employee of a registered manufacturer,
distributor, analyzer, or dispenser of the controlled substance
acting in the usual course of business or employment;
(2) a common or contract carrier, a warehouseman, or
an employee of a carrier or warehouseman whose possession of the
controlled substance is in the usual course of business or
employment;
(3) an ultimate user or a person in possession of the
controlled substance under a lawful order of a practitioner or in
lawful possession of the controlled substance if it is listed in
Schedule V;
(4) an officer or employee of this state, another
state, a political subdivision of this state or another state, or
the United States who is lawfully engaged in the enforcement of a
law relating to a controlled substance or drug or to a customs law
and authorized to possess the controlled substance in the discharge
of the person's official duties; [or]
(5) if the substance is tetrahydrocannabinol or one of
its derivatives:
(A) a Texas Department of Health official, a
medical school researcher, or a research program participant
possessing the substance as authorized under Subchapter G; or
(B) a practitioner or an ultimate user possessing
the substance as a participant in a federally approved therapeutic
research program that the commissioner has reviewed and found, in
writing, to contain a medically responsible research protocol; or
(6) a person for whom registration with the United
States Drug Enforcement Administration is waived under 21 C.F.R.
Section 1301.22.
SECTION 2. Sections 481.063(b) and (e), Health and Safety
Code, are amended to read as follows:
(b) The director may not issue a registration to a person to
manufacture, distribute, analyze, dispense, or conduct research
with a controlled substance unless the director receives:
(1) a consent form signed by the person granting the
director the right to inspect records as required by this chapter;
and
(2) a complete set of the person's fingerprints in the
form and manner prescribed by the department.
(e) An application for registration to manufacture,
distribute, analyze, dispense, or conduct research with a
controlled substance may be denied on a finding that the applicant:
(1) has furnished material information in an
application filed under this chapter that the applicant knows is
false or fraudulent;
(2) has been convicted of or placed on community
supervision or other probation for:
(A) a felony;
(B) a violation of this chapter or of Chapters
482-485; or
(C) an offense reasonably related to the
registration sought;
(3) has voluntarily surrendered or has had suspended,
denied, or revoked a registration or application for registration
to manufacture, distribute, analyze, or dispense controlled
substances under the Federal Controlled Substances Act;
(4) has had suspended, probated, or revoked a
registration or a practitioner's license under the laws of this
state or another state;
(5) has intentionally or knowingly failed to establish
and maintain effective security controls against diversion of
controlled substances into other than legitimate medical,
scientific, or industrial channels as provided by federal
regulations or laws, this chapter, or a rule adopted under this
chapter;
(6) has intentionally or knowingly failed to maintain
records required to be kept by this chapter or a rule adopted under
this chapter;
(7) has refused to allow an inspection authorized by
this chapter or a rule adopted under this chapter;
(8) has intentionally or knowingly violated this
chapter or a rule adopted under this chapter; [or]
(9) has voluntarily surrendered a registration that
has not been reinstated; or
(10) has submitted an application fee that is
dishonored or reversed and the person has not cured the defect after
reasonable notice and opportunity were provided.
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 $25] before processing an application for annual registration
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), registrants shall pay the fees to the director. Not
later than 60 days before the date the registration expires, the
director shall send a renewal notice to the registrant at the last
known address of the registrant according to department records.
SECTION 4. Section 481.127(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
gives, permits, or obtains unauthorized access to information
submitted to the director under Section 481.074(g) or 481.075.
SECTION 5. Section 481.301, Health and Safety Code, is
amended to read as follows:
Sec. 481.301. IMPOSITION OF PENALTY. The department may
impose an administrative penalty on a person who violates Section
481.061, 481.066, 481.067, 481.069, 481.070, 481.071, 481.072,
481.073, 481.074, 481.075, 481.077, 481.0771, 481.078, 481.080, or
481.081 or a rule or order adopted under any of those sections.
SECTION 6. (a) Sections 481.063(b) and 481.064(a), Health
and Safety Code, as amended by this Act, apply only to a
registration that is issued or renewed on or after the effective
date of this Act. A registration issued or renewed before the
effective date of this Act is governed by the law in effect on the
date the registration was issued or renewed, and the former law is
continued in effect for that purpose.
(b) Section 481.063(e), Health and Safety Code, as amended
by this Act, applies only to an application for registration,
including a renewal application, submitted on or after the
effective date of this Act. An application submitted before the
effective date of this Act is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
(c) Section 481.301, Health and Safety Code, as amended by
this Act, applies only to a violation that occurs on or after the
effective date of this Act. A violation that occurs before that
date is governed by the law in effect on the date the violation
occurred, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2013.