Texas 2023 - 88th Regular

Texas House Bill HB4428 Compare Versions

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Version 2 (New)

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1	1	88R11792 MCF-D
2	2	By: Garcia H.B. No. 4428
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the scheduling of certain controlled substances in
8	8	response to certain actions by the United States Food and Drug
9	9	Administration with respect to those substances.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.034, Health and Safety Code, is
12	12	amended by amending Subsections (a), (b), and (g) and adding
13	13	Subsection (g-1) to read as follows:
14	14	(a) The commissioner shall annually establish the schedules
15	15	of controlled substances. These annual schedules shall include the
16	16	complete list of all controlled substances from the previous
17	17	schedules and modifications in the federal schedules of controlled
18	18	substances as required by Subsection (g) or (g-1). Any further
19	19	additions to and deletions from these schedules, any rescheduling
20	20	of substances, and any other modifications made by the commissioner
21	21	to these schedules of controlled substances shall be made:
22	22	(1) in accordance with Section 481.035;
23	23	(2) in a manner consistent with this subchapter; and
24	24	(3) with approval of the executive commissioner.
25	25	(b) Except for alterations in schedules required by
26	26	Subsection (g) or (g-1), the commissioner may not make an
27	27	alteration in a schedule unless the commissioner holds a public
28	28	hearing on the matter in Austin and obtains approval from the
29	29	executive commissioner.
30	30	(g) Except as otherwise provided by this subsection or
31	31	Subsection (g-1), if a substance is designated, rescheduled, or
32	32	deleted as a controlled substance under federal law and notice of
33	33	that fact is given to the commissioner, the commissioner similarly
34	34	shall control the substance under this chapter. After the
35	35	expiration of a 30-day period beginning on the day after the date of
36	36	publication in the Federal Register of a final order designating a
37	37	substance as a controlled substance or rescheduling or deleting a
38	38	substance, the commissioner similarly shall designate, reschedule,
39	39	or delete the substance, unless the commissioner objects during the
40	40	period. If the commissioner objects, the commissioner shall
41	41	publish the reasons for the objection and give all interested
42	42	parties an opportunity to be heard. At the conclusion of the
43	43	hearing, the commissioner shall publish a decision, which is final
44	44	unless altered by statute. On publication of an objection by the
45	45	commissioner, control as to that particular substance under this
46	46	chapter is stayed until the commissioner publishes the
47	47	commissioner's decision.
48	48	(g-1) If a controlled substance listed in Schedule I is
49	49	approved by the United States Food and Drug Administration under
50	50	Section 505, Federal Food, Drug, and Cosmetic Act (21 U.S.C.
51	51	Section 355), the substance is subsequently deleted as a controlled
52	52	substance or rescheduled and placed on a lower schedule under
53	53	federal law, and notice of those facts is given to the commissioner,
54	54	as soon as practicable the commissioner similarly shall delete or
55	55	reschedule the substance under this chapter.
56	56	SECTION 2. The changes in law made by this Act apply only to
57	57	a controlled substance deleted as a controlled substance or
58	58	rescheduled and placed on a lower schedule under federal law on or
59	59	after the effective date of this Act.
60	60	SECTION 3. This Act takes effect September 1, 2023.