Texas 2015 - 84th Regular

Texas Senate Bill SB1582 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Taylor of Collin S.B. No. 1582
2		-	(In the Senate - Filed March 12, 2015; March 23, 2015, read
3		-	first time and referred to Committee on Health and Human Services;
4		-	April 30, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 30, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1582 By: Taylor of Collin
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the scheduling of controlled substances and the
14	7		designation and emergency scheduling of certain substances as
15	8		hazardous controlled substances; creating criminal offenses.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. This Act shall be known as the Montana Brown Act.
18	11		SECTION 2. Section 481.036(c), Health and Safety Code, is
19	12		amended to read as follows:
20	13		(c) An action by the commissioner that establishes or
21	14		modifies a schedule under this subchapter may take effect not
22	15		earlier than the 21st day after the date on which the schedule or
23	16		modification is published in the Texas Register unless an emergency
24	17		exists that necessitates earlier action to avoid an imminent hazard
25	18		to the public safety. The commissioner may determine that an
26	19		imminent hazard to the public safety exists if the commissioner
27	20		makes findings with respect to each of the factors listed in
28	21		Sections 481.034(d)(4), (5), and (6) that indicate that the
29	22		substance poses a danger to health and safety if not immediately
30	23		controlled.
31	24		SECTION 3. Subtitle C, Title 6, Health and Safety Code, is
32	25		amended by adding Chapter 488 to read as follows:
33	26		CHAPTER 488. HAZARDOUS CONTROLLED SUBSTANCE EMERGENCY SCHEDULING
34	27		Sec. 488.001. DEFINITIONS. In this chapter, "commissioner"
35	28		and "controlled substance" have the meanings assigned by Chapter
36	29		481.
37	30		Sec. 488.002. DESIGNATION OF HAZARDOUS CONTROLLED
38	31		SUBSTANCE; CRITERIA. When the commissioner under Section 481.032
39	32		modifies Schedule I to add a controlled substance, the commissioner
40	33		at that time may designate the substance as a hazardous controlled
41	34		substance if the commissioner:
42	35		(1) finds that the substance:
43	36		(A) is chemically similar in structure or effect
44	37		to a controlled substance listed in a penalty group under
45	38		Subchapter D, Chapter 481; or
46	39		(B) poses an imminent danger to life or health;
47	40		and
48	41		(2) receives approval for the hazardous controlled
49	42		substance designation from the governor, lieutenant governor, and
50	43		attorney general.
51	44		Sec. 488.003. EMERGENCY SCHEDULING. (a) The commissioner
52	45		shall publish a list of the controlled substances that are
53	46		designated as hazardous controlled substances by filing a certified
54	47		copy of the list with the secretary of state for publication in the
55	48		Texas Register at the time the commissioner files a copy of the
56	49		schedules under Section 481.036.
57	50		(b) The designation of a substance as a hazardous controlled
58	51		substance takes effect on the date the modification that added the
59	52		substance to Schedule I takes effect according to Section
60	53		481.036(c).
61	54		Sec. 488.004. OFFENSE: MANUFACTURE OR DELIVERY OF
62	55		HAZARDOUS CONTROLLED SUBSTANCE. (a) A person commits an offense
63	56		if the person knowingly manufactures, delivers, or possesses with
64	57		intent to deliver a controlled substance designated as a hazardous
65	58		controlled substance under this chapter.
66	59		(b) An offense under Subsection (a) is a Class A misdemeanor
67	60		if the amount of the controlled substance to which the offense
68	61		applies is, by aggregate weight, including adulterants or
69	62		dilutants, less than 28 grams.
70	63		(c) An offense under Subsection (a) is a state jail felony
71	64		if the amount of the controlled substance to which the offense
72	65		applies is, by aggregate weight, including adulterants or
73	66		dilutants, 28 grams or more but less than 200 grams.
74	67		(d) An offense under Subsection (a) is a felony of the third
75	68		degree if the amount of the controlled substance to which the
76	69		offense applies is, by aggregate weight, including adulterants or
77	70		dilutants, 200 grams or more but less than 400 grams.
78	71		(e) An offense under Subsection (a) is a felony of the
79	72		second degree if the amount of the controlled substance to which the
80	73		offense applies is, by aggregate weight, including adulterants or
81	74		dilutants, 400 grams or more.
82	75		Sec. 488.005. OFFENSE: POSSESSION OF HAZARDOUS CONTROLLED
83	76		SUBSTANCE. (a) A person commits an offense if the person
84	77		knowingly possesses a controlled substance designated as a
85	78		hazardous controlled substance under this chapter.
86	79		(b) An offense under Subsection (a) is a Class B misdemeanor
87	80		if the amount of the controlled substance possessed is, by
88	81		aggregate weight, including adulterants or dilutants, less than 28
89	82		grams.
90	83		(c) An offense under Subsection (a) is a Class A misdemeanor
91	84		if the amount of the controlled substance possessed is, by
92	85		aggregate weight, including adulterants or dilutants, 28 grams or
93	86		more but less than 200 grams.
94	87		(d) An offense under Subsection (a) is a state jail felony
95	88		if the amount of the controlled substance possessed is, by
96	89		aggregate weight, including adulterants or dilutants, 200 grams or
97	90		more but less than 400 grams.
98	91		(e) An offense under Subsection (a) is a felony of the third
99	92		degree if the amount of the controlled substance possessed is, by
100	93		aggregate weight, including adulterants or dilutants, 400 grams or
101	94		more.
102	95		Sec. 488.006. EFFECT ON OTHER PROVISIONS OF SUBTITLE. If
103	96		conduct that is an offense under this chapter is also an offense
104	97		under another provision of this subtitle, the actor may be
105	98		prosecuted under either this chapter or the other provision or
106	99		both.
107	100		Sec. 488.007. APPLICABILITY. This chapter does not apply
108	101		to a controlled substance that is listed in a penalty group under
109	102		Subchapter D, Chapter 481.
110	103		Sec. 488.008. EXPIRATION. The designation of a controlled
111	104		substance as a hazardous controlled substance expires on September
112	105		1 of each odd-numbered year for any designation in effect before
113	106		January 1 of that year.
114	107		SECTION 4. This Act takes effect September 1, 2015.
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