88R11792 MCF-D
By: Garcia H.B. No. 4428
A BILL TO BE ENTITLED
AN ACT
relating to the scheduling of certain controlled substances in
response to certain actions by the United States Food and Drug
Administration with respect to those substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.034, Health and Safety Code, is
amended by amending Subsections (a), (b), and (g) and adding
Subsection (g-1) to read as follows:
(a) The commissioner shall annually establish the schedules
of controlled substances. These annual schedules shall include the
complete list of all controlled substances from the previous
schedules and modifications in the federal schedules of controlled
substances as required by Subsection (g) or (g-1). Any further
additions to and deletions from these schedules, any rescheduling
of substances, and any other modifications made by the commissioner
to these schedules of controlled substances shall be made:
(1) in accordance with Section 481.035;
(2) in a manner consistent with this subchapter; and
(3) with approval of the executive commissioner.
(b) Except for alterations in schedules required by
Subsection (g) or (g-1), the commissioner may not make an
alteration in a schedule unless the commissioner holds a public
hearing on the matter in Austin and obtains approval from the
executive commissioner.
(g) Except as otherwise provided by this subsection or
Subsection (g-1), if a substance is designated, rescheduled, or
deleted as a controlled substance under federal law and notice of
that fact is given to the commissioner, the commissioner similarly
shall control the substance under this chapter. After the
expiration of a 30-day period beginning on the day after the date of
publication in the Federal Register of a final order designating a
substance as a controlled substance or rescheduling or deleting a
substance, the commissioner similarly shall designate, reschedule,
or delete the substance, unless the commissioner objects during the
period. If the commissioner objects, the commissioner shall
publish the reasons for the objection and give all interested
parties an opportunity to be heard. At the conclusion of the
hearing, the commissioner shall publish a decision, which is final
unless altered by statute. On publication of an objection by the
commissioner, control as to that particular substance under this
chapter is stayed until the commissioner publishes the
commissioner's decision.
(g-1) If a controlled substance listed in Schedule I is
approved by the United States Food and Drug Administration under
Section 505, Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Section 355), the substance is subsequently deleted as a controlled
substance or rescheduled and placed on a lower schedule under
federal law, and notice of those facts is given to the commissioner,
as soon as practicable the commissioner similarly shall delete or
reschedule the substance under this chapter.
SECTION 2. The changes in law made by this Act apply only to
a controlled substance deleted as a controlled substance or
rescheduled and placed on a lower schedule under federal law on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.