| 1 | 1 | | 89R9248 JTZ-F |
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| 2 | 2 | | By: Darby H.B. No. 3078 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to manufacturer fees for operation of a real-time |
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| 10 | 10 | | electronic logging system to track over-the-counter sales of |
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| 11 | 11 | | ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; |
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| 12 | 12 | | authorizing an administrative penalty. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 486.001(a), Health and Safety Code, is |
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| 15 | 15 | | amended by adding Subdivision (7) to read as follows: |
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| 16 | 16 | | (7) "System administrator" means an entity |
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| 17 | 17 | | responsible for developing, implementing, and maintaining a |
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| 18 | 18 | | real-time electronic logging system. |
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| 19 | 19 | | SECTION 2. Subchapter B, Chapter 486, Health and Safety |
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| 20 | 20 | | Code, is amended by adding Section 486.016 to read as follows: |
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| 21 | 21 | | Sec. 486.016. MANUFACTURER FEES. (a) A manufacturer of a |
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| 22 | 22 | | product containing ephedrine, pseudoephedrine, or |
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| 23 | 23 | | norpseudoephedrine sold in this state shall pay a monthly fee to the |
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| 24 | 24 | | system administrator of each real-time electronic logging system a |
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| 25 | 25 | | business establishment uses to transmit information on the |
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| 26 | 26 | | establishment's sales of the manufacturer's products to support the |
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| 27 | 27 | | establishment's use of the system. |
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| 28 | 28 | | (b) Each system administrator shall set a fair and |
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| 29 | 29 | | reasonable amount for the fee required under Subsection (a). |
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| 30 | 30 | | (c) At the department's request, a manufacturer shall |
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| 31 | 31 | | provide written documentation demonstrating the manufacturer paid |
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| 32 | 32 | | all fees required under Subsection (a). |
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| 33 | 33 | | (d) The department may impose an administrative penalty |
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| 34 | 34 | | under Subchapter C on a manufacturer that fails to pay the fee |
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| 35 | 35 | | required by Subsection (a). |
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| 36 | 36 | | SECTION 3. Section 486.016, Health and Safety Code, as |
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| 37 | 37 | | added by this Act, applies only to a fee imposed on or after the 30th |
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| 38 | 38 | | day after the effective date of this Act. |
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| 39 | 39 | | SECTION 4. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2025. |
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