| 1 | 1 | | 85R12319 GCB-F |
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| 2 | 2 | | By: Taylor of Collin S.B. No. 2232 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the emergency scheduling of certain controlled |
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| 8 | 8 | | substances for the purpose of the prosecution and punishment of |
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| 9 | 9 | | certain offenses under the Texas Controlled Substances Act; |
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| 10 | 10 | | expanding the application of certain criminal offenses. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 481.0355, Health and |
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| 13 | 13 | | Safety Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 481.0355. EMERGENCY SCHEDULING; LEGISLATIVE REPORT. |
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| 15 | 15 | | SECTION 2. Section 481.0355, Health and Safety Code, is |
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| 16 | 16 | | amended by amending Subsections (c), (d), (f), and (g) and adding |
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| 17 | 17 | | Subsections (f-1) and (h) to read as follows: |
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| 18 | 18 | | (c) Before emergency scheduling a substance as a controlled |
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| 19 | 19 | | substance under this section, the commissioner shall consult with |
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| 20 | 20 | | the Department of Public Safety [regarding the chemical structure |
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| 21 | 21 | | of compounds contained in that substance,] and may emergency |
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| 22 | 22 | | schedule the substance only in accordance with any recommendations |
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| 23 | 23 | | provided by the department. |
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| 24 | 24 | | (d) In determining whether a substance poses an imminent |
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| 25 | 25 | | hazard to the public safety, the commissioner shall consider[, in |
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| 26 | 26 | | addition to the factors provided by Section 481.034(d)]: |
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| 27 | 27 | | (1) the scope, duration, [and] symptoms, or |
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| 28 | 28 | | significance of abuse; |
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| 29 | 29 | | (2) the degree of detriment that abuse of the |
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| 30 | 30 | | substance may cause; |
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| 31 | 31 | | (3) whether the substance has been temporarily |
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| 32 | 32 | | scheduled under federal law; and |
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| 33 | 33 | | (4) whether the substance has been temporarily or |
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| 34 | 34 | | permanently scheduled under the law of another state. |
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| 35 | 35 | | (f) Except as otherwise provided by Subsection (f-1), an |
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| 36 | 36 | | [An] emergency scheduling under this section expires on September 1 |
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| 37 | 37 | | of each odd-numbered year for any scheduling that occurs before |
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| 38 | 38 | | January 1 of that year. |
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| 39 | 39 | | (f-1) The commissioner may extend the emergency scheduling |
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| 40 | 40 | | of a substance under this section not more than once and for a |
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| 41 | 41 | | period not to exceed one year by publishing the extension in the |
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| 42 | 42 | | Texas Register. If the commissioner extends the emergency |
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| 43 | 43 | | scheduling of a substance, an emergency exists for purposes of |
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| 44 | 44 | | Section 481.036(c) and the action takes effect on the date the |
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| 45 | 45 | | extension is published in the Texas Register. |
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| 46 | 46 | | (g) The commissioner shall post notice about each emergency |
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| 47 | 47 | | scheduling of a substance or each extension of an emergency |
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| 48 | 48 | | scheduling of a substance under this section on the Internet |
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| 49 | 49 | | website of the Department of State Health Services. |
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| 50 | 50 | | (h) Not later than December 1 of each even-numbered year, |
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| 51 | 51 | | the commissioner shall submit a report about each emergency |
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| 52 | 52 | | scheduling action taken under this section during the preceding |
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| 53 | 53 | | two-year period to the governor, the lieutenant governor, the |
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| 54 | 54 | | speaker of the house of representatives, and each legislative |
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| 55 | 55 | | standing committee with primary jurisdiction over the department |
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| 56 | 56 | | and each legislative standing committee with primary jurisdiction |
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| 57 | 57 | | over criminal justice matters. |
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| 58 | 58 | | SECTION 3. (a) Sections 481.0355(c) and (d), Health and |
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| 59 | 59 | | Safety Code, as amended by this Act, apply only to a controlled |
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| 60 | 60 | | substance emergency scheduled under that section on or after the |
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| 61 | 61 | | effective date of this Act. |
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| 62 | 62 | | (b) Section 481.0355(f-1), Health and Safety Code, as added |
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| 63 | 63 | | by this Act, applies to an extension that occurs on or after the |
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| 64 | 64 | | effective date of this Act, regardless of whether the controlled |
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| 65 | 65 | | substance was emergency scheduled under Section 481.0355, Health |
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| 66 | 66 | | and Safety Code, before, on, or after that date. |
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| 67 | 67 | | SECTION 4. This Act takes effect September 1, 2017. |
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