Texas 2025 - 89th Regular

Texas Senate Bill SB1869 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 1869
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	2	+	(In the Senate - Filed March 4, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	April 7, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 2; April 7, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1869 By: Hancock
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the procedures for modifying the schedules of
9	14		controlled substances.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 481.034, Health and Safety Code, is
12	17		amended by amending Subsections (a), (b), (d), and (g) and adding
13	18		Subsections (a-1) and (c-1) to read as follows:
14	19		(a) The commissioner shall at least annually establish the
15	20		schedules of controlled substances. These [annual] schedules shall
16	21		include the complete list of all controlled substances from the
17	22		previous schedules and modifications in the federal schedules of
18	23		controlled substances under [as required by] Subsection (g).
19	24		Except as provided by Subsection (g), any [Any] further additions
20	25		to and deletions from these schedules, any rescheduling of
21	26		substances, and any other modifications made by the commissioner to
22	27		these schedules of controlled substances shall be made:
23	28		(1) in accordance with Section 481.035;
24	29		(2) in a manner consistent with this subchapter; and
25	30		(3) with approval of the executive commissioner.
26	31		(a-1) A decision or modification to the schedules made by
27	32		the commissioner under Subsection (a) is final and binding, unless
28	33		altered by the legislature as described by Subsection (c).
29	34		(b) Except for alterations in schedules under [required by]
30	35		Subsection (g), the commissioner may not make an alteration in a
31	36		schedule unless the commissioner holds a public hearing on the
32	37		matter in Austin and obtains approval from the executive
33	38		commissioner.
34	39		(c-1) For purposes of Subsection (c):
35	40		(1) an action by the legislature in adding a
36	41		controlled substance to, or removing a controlled substance from, a
37	42		penalty group does not change or require the commissioner to change
38	43		the schedule of the controlled substance; and
39	44		(2) the legislature is considered to have added,
40	45		deleted, or rescheduled a substance with respect to a schedule
41	46		listed in this subchapter only if the legislature passes a bill that
42	47		becomes law directly adding, deleting, or rescheduling the
43	48		substance with respect to a specific schedule listed in this
44	49		subchapter.
45	50		(d) In making a determination regarding a substance, other
46	51		than a determination under Subsection (g), the commissioner shall
47	52		consider and make findings with respect to each of the following
48	53		factors:
49	54		(1) the actual or relative potential for its abuse;
50	55		(2) the scientific evidence of its pharmacological
51	56		effect, if known;
52	57		(3) the state of current scientific knowledge
53	58		regarding the substance;
54	59		(4) the history and current pattern of its abuse;
55	60		(5) the scope, duration, and significance of its
56	61		abuse;
57	62		(6) the risk to the public health;
58	63		(7) the potential of the substance to produce
59	64		psychological or physiological dependence liability; and
60	65		(8) whether the substance is a controlled substance
61	66		analogue, chemical precursor, or an immediate precursor of a
62	67		substance controlled under this chapter.
63	68		(g) Except as otherwise provided by this subsection, if a
64	69		substance is designated, rescheduled, or deleted as a controlled
65	70		substance under federal law and notice of that fact is given to the
66	71		commissioner, the commissioner similarly shall control the
67	72		substance under this chapter unless the commissioner objects.
68	73		After the expiration of a 90-day [30-day] period beginning on the
69	74		day after the date of publication in the Federal Register of a final
70	75		order designating a substance as a controlled substance or
71	76		rescheduling or deleting a substance, the commissioner similarly
72	77		shall designate, reschedule, or delete the substance, unless the
73	78		commissioner objects during the period. If the commissioner
74	79		objects, the commissioner shall publish the reasons for the
75	80		objection, the commissioner's [and give all interested parties an
76	81		opportunity to be heard. At the conclusion of the hearing, the
77	82		commissioner shall publish a] decision, and any resulting
78	83		modifications to the schedules which are [is] final and binding
79	84		unless altered by the legislature as described by Subsection (c)
80	85		[statute]. On publication of an objection by the commissioner,
81	86		control as to that particular substance under this chapter is
82	87		stayed until the commissioner publishes the commissioner's
83	88		decision. If the commissioner objects under this subsection, the
84	89		commissioner may control the substance under this chapter similarly
85	90		to the manner in which the substance is controlled under federal law
86	91		or control the substance under this chapter in a manner determined
87	92		appropriate by the commissioner.
88	93		SECTION 2. Subchapter B, Chapter 481, Health and Safety
89	94		Code, is amended by adding Sections 481.038 and 481.039 to read as
90	95		follows:
91	96		Sec. 481.038. INTERPRETATION OF SUBCHAPTER. (a) The
92	97		commissioner shall manage the schedules of controlled substances
93	98		under this subchapter and may:
94	99		(1) adopt, for the administration of schedules,
95	100		written rules, policies, or guidelines;
96	101		(2) interpret and construe this subchapter;
97	102		(3) correct a defect, supply an omission, and
98	103		reconcile an inconsistency that appears in this subchapter in a
99	104		manner and to the extent that the commissioner considers expedient
100	105		to administer this subchapter for the protection of public health
101	106		and safety;
102	107		(4) determine all questions, whether legal or factual,
103	108		relating to this subchapter to promote the uniform administration
104	109		of this subchapter for the benefit of public health and safety; and
105	110		(5) establish and maintain records necessary or
106	111		appropriate for the proper administration of this subchapter.
107	112		(b) The determination of a fact or finding by the
108	113		commissioner, a final order or schedule modification issued by the
109	114		commissioner, an action taken by the commissioner, or the
110	115		commissioner's interpretation of this subchapter is final and
111	116		binding.
112	117		(c) Except as provided by Section 481.034(c), if the
113	118		determination of a fact or finding by the commissioner, a final
114	119		order or schedule modification issued by the commissioner, an
115	120		action taken by the commissioner, or the commissioner's
116	121		interpretation of this subchapter conflicts with other law, the
117	122		commissioner's determination, issuance, action, or interpretation
118	123		prevails.
119	124		Sec. 481.039. SCHEDULING AND RELATED ACTIONS BY
120	125		COMMISSIONER NOT SUBJECT TO JUDICIAL REVIEW. (a) The legislature
121	126		grants the commissioner broad authority to administer this
122	127		subchapter in an effort to promote public health and safety. A
123	128		court may not substitute the court's judgment for the judgment of
124	129		the commissioner regarding this subchapter. A final order or
125	130		schedule modification under this subchapter is final and binding.
126	131		As authorized by Section 8, Article V, Texas Constitution, all
127	132		actions, proceedings, and remedies related to this subchapter are
128	133		granted solely to the commissioner and may be adjudicated at the
129	134		commissioner's discretion.
130	135		(b) An action taken by the commissioner under this
131	136		subchapter does not waive sovereign immunity.
132	137		(c) A court shall immediately dismiss a claim barred by this
133	138		subchapter.
134	139		(d) On dismissal of a claim under Subsection (c), the state
135	140		is entitled to recover court costs and attorney's fees from the
136	141		claimant.
137	142		(e) If a claim is not immediately dismissed under Subsection
138	143		(c) and the state prevails, the state is entitled to recover court
139	144		costs and attorney's fees from the claimant.
140	145		(f) An appeal of an action related to an act or omission by
141	146		the commissioner under this subchapter is governed by the
142	147		procedures for accelerated appeals in civil cases under the Texas
143	148		Rules of Appellate Procedure. The appellate court shall render the
144	149		court's final order or judgment with the least possible delay.
145	150		SECTION 3. Subchapter I, Chapter 2001, Government Code, is
146	151		amended by adding Section 2001.228 to read as follows:
147	152		Sec. 2001.228. SCHEDULES OF CONTROLLED SUBSTANCES. (a)
148	153		This chapter does not apply to an action taken by the Department of
149	154		State Health Services, the Health and Human Services Commission, or
150	155		the Department of Public Safety under Subchapter B, Chapter 481,
151	156		Health and Safety Code, including the establishment or modification
152	157		of the schedules of controlled substances under Section 481.034,
153	158		Health and Safety Code, or the emergency scheduling of controlled
154	159		substances under Section 481.0355, Health and Safety Code.
155	160		(b) A final order or schedule modification under Subchapter
156	161		B, Chapter 481, Health and Safety Code, is not a rule for purposes
157	162		of this chapter.
158	163		SECTION 4. Section 481.034(e), Health and Safety Code, is
159	164		repealed.
160	165		SECTION 5. If before implementing any provision of this Act
161	166		a state agency determines that a waiver or authorization from a
162	167		federal agency is necessary for implementation of that provision,
163	168		the agency affected by the provision shall request the waiver or
164	169		authorization and may delay implementing that provision until the
165	170		waiver or authorization is granted.
166	171		SECTION 6. It is the intent of the legislature that every
167	172		provision, section, subsection, sentence, clause, phrase, or word
168	173		in this Act, and every application of the provisions in this Act to
169	174		every person, group of persons, or circumstances, are severable
170	175		from each other. If any application of any provision in this Act to
171	176		any person, group of persons, or circumstances is found by a court
172	177		to be invalid for any reason, the remaining applications of that
173	178		provision to all other persons and circumstances shall be severed
174	179		and may not be affected.
175	180		SECTION 7. This Act takes effect immediately if it receives
176	181		a vote of two-thirds of all the members elected to each house, as
177	182		provided by Section 39, Article III, Texas Constitution. If this
178	183		Act does not receive the vote necessary for immediate effect, this
179	184		Act takes effect September 1, 2025.
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