Texas 2017 - 85th Regular

Texas House Bill HB2804 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Price, Fallon H.B. No. 2804
2		-	(Senate Sponsor - Taylor of Collin)
3		-	(In the Senate - Received from the House May 5, 2017;
4		-	May 5, 2017, read first time and referred to Committee on Criminal
5		-	Justice; May 19, 2017, reported favorably by the following vote:
6		-	Yeas 7, Nays 0; May 19, 2017, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2804
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the emergency scheduling of certain controlled
13	6		substances for the purpose of the prosecution and punishment of
14	7		certain offenses under the Texas Controlled Substances Act;
15	8		expanding the application of certain criminal offenses.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. The heading to Section 481.0355, Health and
18	11		Safety Code, is amended to read as follows:
19	12		Sec. 481.0355. EMERGENCY SCHEDULING; LEGISLATIVE REPORT.
20	13		SECTION 2. Section 481.0355, Health and Safety Code, is
21	14		amended by amending Subsections (c), (d), (f), and (g) and adding
22	15		Subsections (f-1) and (h) to read as follows:
23	16		(c) Before emergency scheduling a substance as a controlled
24	17		substance under this section, the commissioner shall consult with
25	18		the Department of Public Safety [regarding the chemical structure
26	19		of compounds contained in that substance,] and may emergency
27	20		schedule the substance only in accordance with any recommendations
28	21		provided by the department.
29	22		(d) In determining whether a substance poses an imminent
30	23		hazard to the public safety, the commissioner shall consider[, in
31	24		addition to the factors provided by Section 481.034(d)]:
32	25		(1) the scope, duration, [and] symptoms, or
33	26		significance of abuse;
34	27		(2) the degree of detriment that abuse of the
35	28		substance may cause;
36	29		(3) whether the substance has been temporarily
37	30		scheduled under federal law; and
38	31		(4) whether the substance has been temporarily or
39	32		permanently scheduled under the law of another state.
40	33		(f) Except as otherwise provided by Subsection (f-1), an
41	34		[An] emergency scheduling under this section expires on September 1
42	35		of each odd-numbered year for any scheduling that occurs before
43	36		January 1 of that year.
44	37		(f-1) The commissioner may extend the emergency scheduling
45	38		of a substance under this section not more than once and for a
46	39		period not to exceed one year by publishing the extension in the
47	40		Texas Register. If the commissioner extends the emergency
48	41		scheduling of a substance, an emergency exists for purposes of
49	42		Section 481.036(c) and the action takes effect on the date the
50	43		extension is published in the Texas Register.
51	44		(g) The commissioner shall post notice about each emergency
52	45		scheduling of a substance or each extension of an emergency
53	46		scheduling of a substance under this section on the Internet
54	47		website of the Department of State Health Services.
55	48		(h) Not later than December 1 of each even-numbered year,
56	49		the commissioner shall submit a report about each emergency
57	50		scheduling action taken under this section during the preceding
58	51		two-year period to the governor, the lieutenant governor, the
59	52		speaker of the house of representatives, and each legislative
60	53		standing committee with primary jurisdiction over the department
61	54		and each legislative standing committee with primary jurisdiction
62	55		over criminal justice matters.
63	56		SECTION 3. (a) Sections 481.0355(c) and (d), Health and
64	57		Safety Code, as amended by this Act, apply only to a controlled
65	58		substance emergency scheduled under that section on or after the
66	59		effective date of this Act.
67	60		(b) Section 481.0355(f-1), Health and Safety Code, as added
68	61		by this Act, applies to an extension that occurs on or after the
69	62		effective date of this Act, regardless of whether the controlled
70	63		substance was emergency scheduled under Section 481.0355, Health
71	64		and Safety Code, before, on, or after that date.
72	65		SECTION 4. This Act takes effect September 1, 2017.
73		-	* * * * *
	66	+	______________________________ ______________________________
	67	+	President of the Senate Speaker of the House
	68	+	I certify that H.B. No. 2804 was passed by the House on May 4,
	69	+	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
	70	+	voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	I certify that H.B. No. 2804 was passed by the Senate on May
	74	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	75	+	______________________________
	76	+	Secretary of the Senate
	77	+	APPROVED: _____________________
	78	+	Date
	79	+	_____________________
	80	+	Governor