84R175 JSC-D
By: Taylor of Collin S.B. No. 1582
A BILL TO BE ENTITLED
AN ACT
relating to the designation of certain substances as hazardous
controlled substances; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 488 to read as follows:
CHAPTER 488. HAZARDOUS CONTROLLED SUBSTANCE DESIGNATION
Sec. 488.001. DEFINITIONS. In this chapter, "commissioner"
and "controlled substance" have the meanings assigned by Chapter
481.
Sec. 488.002. DESIGNATION OF HAZARDOUS CONTROLLED
SUBSTANCE; CRITERIA. When the commissioner under Section 481.032
modifies Schedule I to add a controlled substance, the commissioner
at that time may designate the substance as a hazardous controlled
substance if the commissioner:
(1) finds that the substance:
(A) is chemically similar in structure or effect
to a controlled substance listed in a penalty group under
Subchapter D, Chapter 481; or
(B) poses an imminent danger to life or health;
and
(2) receives approval for the hazardous controlled
substance designation from the governor, lieutenant governor, and
attorney general.
Sec. 488.003. PUBLICATION; EFFECTIVE DATE. (a) The
commissioner shall publish a list of the controlled substances that
are designated as hazardous controlled substances by filing a
certified copy of the list with the secretary of state for
publication in the Texas Register at the time the commissioner
files a copy of the schedules under Section 481.036.
(b) The designation of a substance as a hazardous controlled
substance takes effect on the date the modification that added the
substance to Schedule I takes effect according to Section
481.036(c).
Sec. 488.004. OFFENSE: MANUFACTURE OR DELIVERY OF HAZARDOUS
CONTROLLED SUBSTANCE. (a) A person commits an offense if the
person knowingly manufactures, delivers, or possesses with intent
to deliver a controlled substance designated as a hazardous
controlled substance under this chapter.
(b) An offense under Subsection (a) is a Class A misdemeanor
if the amount of the controlled substance to which the offense
applies is, by aggregate weight, including adulterants or
dilutants, less than 28 grams.
(c) An offense under Subsection (a) is a state jail felony
if the amount of the controlled substance to which the offense
applies is, by aggregate weight, including adulterants or
dilutants, 28 grams or more but less than 200 grams.
(d) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 200 grams or more but less than 400 grams.
(e) An offense under Subsection (a) is a felony of the
second degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 400 grams or more.
Sec. 488.005. OFFENSE: POSSESSION OF HAZARDOUS CONTROLLED
SUBSTANCE. (a) A person commits an offense if the person knowingly
possesses a controlled substance designated as a hazardous
controlled substance under this chapter.
(b) An offense under Subsection (a) is a Class B misdemeanor
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, less than 28
grams.
(c) An offense under Subsection (a) is a Class A misdemeanor
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 28 grams or
more but less than 200 grams.
(d) An offense under Subsection (a) is a state jail felony
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 200 grams or
more but less than 400 grams.
(e) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
Sec. 488.006. EFFECT ON OTHER PROVISIONS OF SUBTITLE. If
conduct that is an offense under this chapter is also an offense
under another provision of this subtitle, the actor may be
prosecuted under either this chapter or the other provision or
both.
Sec. 488.007. APPLICABILITY. This chapter does not apply
to a controlled substance that is listed in a penalty group under
Subchapter D, Chapter 481.
Sec. 488.008. EXPIRATION. The designation of a controlled
substance as a hazardous controlled substance expires on September
1 of each odd-numbered year for any designation in effect before
January 1 of that year.
SECTION 2. This Act takes effect September 1, 2015.