Texas 2025 - 89th Regular

Texas Senate Bill SB2997 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Menéndez S.B. No. 2997
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the scheduling of certain controlled substances in
9	9	response to certain actions by the United States Food and Drug
10	10	Administration.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 481.034, Health and Safety Code, is
13	13	amended by amending Subsections (a), (b), and (g) and adding
14	14	Subsection (g-1) to read as follows:
15	15	(a) The commissioner shall annually establish the schedules
16	16	of controlled substances. These annual schedules shall include the
17	17	complete list of all controlled substances from the previous
18	18	schedules and modifications in the federal schedules of controlled
19	19	substances as required by Subsection (g) or (g-1). Any further
20	20	additions to and deletions from these schedules, any rescheduling
21	21	of substances, and any other modifications made by the commissioner
22	22	to these schedules of controlled substances shall be made:
23	23	(1) in accordance with Section 481.035;
24	24	(2) in a manner consistent with this subchapter; and
25	25	(3) with approval of the executive commissioner.
26	26	(b) Except for alterations in schedules required by
27	27	Subsection (g) or (g-1), the commissioner may not make an
28	28	alteration in a schedule unless the commissioner holds a public
29	29	hearing on the matter in Austin and obtains approval from the
30	30	executive commissioner.
31	31	(g) Except as otherwise provided by this subsection or
32	32	Subsection (g-1), if a substance is designated, rescheduled, or
33	33	deleted as a controlled substance under federal law and notice of
34	34	that fact is given to the commissioner, the commissioner similarly
35	35	shall control the substance under this chapter. After the
36	36	expiration of a 30-day period beginning on the day after the date of
37	37	publication in the Federal Register of a final order designating a
38	38	substance as a controlled substance or rescheduling or deleting a
39	39	substance, the commissioner similarly shall designate, reschedule,
40	40	or delete the substance, unless the commissioner objects during the
41	41	period. If the commissioner objects, the commissioner shall
42	42	publish the reasons for the objection and give all interested
43	43	parties an opportunity to be heard. At the conclusion of the
44	44	hearing, the commissioner shall publish a decision, which is final
45	45	unless altered by statute. On publication of an objection by the
46	46	commissioner, control as to that particular substance under this
47	47	chapter is stayed until the commissioner publishes the
48	48	commissioner's decision.
49	49	(g-1) If a controlled substance listed in Schedule I is
50	50	approved by the United States Food and Drug Administration under
51	51	Section 505, Federal Food, Drug, and Cosmetic Act (21 U.S.C.
52	52	Section 355) , and the substance is subsequently deleted as a
53	53	controlled substance or rescheduled and placed on a lower schedule
54	54	under federal law, and notice of those facts is given to the
55	55	commissioner, as soon as practicable, but not to exceed 21 days, the
56	56	commissioner similarly shall delete or reschedule the substance
57	57	under this chapter.
58	58	SECTION 2. The changes in law made by this Act apply only to
59	59	a controlled substance deleted as a controlled substance or
60	60	rescheduled and placed on a lower schedule under federal law on or
61	61	after the effective date of this Act.
62	62	SECTION 3. This Act takes effect September 1, 2025.