Texas 2025 - 89th Regular

Texas House Bill HB4813 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R25398 LHC-D
2		-	By: Oliverson, Garcia of Bexar, et al. H.B. No. 4813
	2	+	By: Oliverson, Garcia of Bexar H.B. No. 4813
	3	+	Substitute the following for H.B. No. 4813:
	4	+	By: VanDeaver C.S.H.B. No. 4813
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7	9		A BILL TO BE ENTITLED
8	10		AN ACT
9	11		relating to the scheduling of certain controlled substances in
10	12		response to certain actions by the United States Food and Drug
11	13		Administration with respect to those substances.
12	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	15		SECTION 1. Section 481.034, Health and Safety Code, is
14	16		amended by amending Subsections (a), (b), and (g) and adding
15	17		Subsection (g-1) to read as follows:
16	18		(a) The commissioner shall annually establish the schedules
17	19		of controlled substances. These annual schedules shall include the
18	20		complete list of all controlled substances from the previous
19	21		schedules and modifications in the federal schedules of controlled
20	22		substances as required by Subsection (g) or (g-1). Any further
21	23		additions to and deletions from these schedules, any rescheduling
22	24		of substances, and any other modifications made by the commissioner
23	25		to these schedules of controlled substances shall be made:
24	26		(1) in accordance with Section 481.035;
25	27		(2) in a manner consistent with this subchapter; and
26	28		(3) with approval of the executive commissioner.
27	29		(b) Except for alterations in schedules required by
28	30		Subsection (g) or (g-1), the commissioner may not make an
29	31		alteration in a schedule unless the commissioner holds a public
30	32		hearing on the matter in Austin and obtains approval from the
31	33		executive commissioner.
32	34		(g) Except as otherwise provided by this subsection or
33	35		Subsection (g-1), if a substance is designated, rescheduled, or
34	36		deleted as a controlled substance under federal law and notice of
35	37		that fact is given to the commissioner, the commissioner similarly
36	38		shall control the substance under this chapter. After the
37	39		expiration of a 30-day period beginning on the day after the date of
38	40		publication in the Federal Register of a final order designating a
39	41		substance as a controlled substance or rescheduling or deleting a
40	42		substance, the commissioner similarly shall designate, reschedule,
41	43		or delete the substance, unless the commissioner objects during the
42	44		period. If the commissioner objects, the commissioner shall
43	45		publish the reasons for the objection and give all interested
44	46		parties an opportunity to be heard. At the conclusion of the
45	47		hearing, the commissioner shall publish a decision, which is final
46	48		unless altered by statute. On publication of an objection by the
47	49		commissioner, control as to that particular substance under this
48	50		chapter is stayed until the commissioner publishes the
49	51		commissioner's decision.
50	52		(g-1) If a controlled substance is approved for medical use
51	53		by the United States Food and Drug Administration under Section
52	54		505, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355),
53	55		the substance is subsequently deleted as a controlled substance or
54	56		rescheduled and placed on a lower schedule under federal law, and
55	57		notice of those facts is given to the commissioner, as soon as
56	58		practicable the commissioner similarly shall delete or reschedule
57	59		the substance under this chapter.
58	60		SECTION 2. The changes in law made by this Act apply only to
59	61		a controlled substance deleted as a controlled substance or
60	62		rescheduled and placed on a lower schedule under federal law on or
61	63		after the effective date of this Act.
62	64		SECTION 3. This Act takes effect September 1, 2025.