By: Taylor of Collin S.B. No. 1582
(In the Senate - Filed March 12, 2015; March 23, 2015, read
first time and referred to Committee on Health and Human Services;
April 30, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 30, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1582 By: Taylor of Collin
A BILL TO BE ENTITLED
AN ACT
relating to the scheduling of controlled substances and the
designation and emergency scheduling of certain substances as
hazardous controlled substances; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Montana Brown Act.
SECTION 2. Section 481.036(c), Health and Safety Code, is
amended to read as follows:
(c) An action by the commissioner that establishes or
modifies a schedule under this subchapter may take effect not
earlier than the 21st day after the date on which the schedule or
modification is published in the Texas Register unless an emergency
exists that necessitates earlier action to avoid an imminent hazard
to the public safety. The commissioner may determine that an
imminent hazard to the public safety exists if the commissioner
makes findings with respect to each of the factors listed in
Sections 481.034(d)(4), (5), and (6) that indicate that the
substance poses a danger to health and safety if not immediately
controlled.
SECTION 3. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 488 to read as follows:
CHAPTER 488. HAZARDOUS CONTROLLED SUBSTANCE EMERGENCY SCHEDULING
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. EMERGENCY SCHEDULING. (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 4. This Act takes effect September 1, 2015.
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