Bill Text: TX HB4813 | 2025-2026 | 89th Legislature | Engrossed
Bill Title: Relating to the scheduling of certain controlled substances in response to certain actions by the United States Food and Drug Administration with respect to those substances.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2025-05-13 - Referred to Health & Human Services [HB4813 Detail]
Download: Texas-2025-HB4813-Engrossed.html
| 89R25398 LHC-D | ||
| By: Oliverson, Garcia of Bexar, et al. | H.B. No. 4813 | |
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| relating to the scheduling of certain controlled substances in | ||
| response to certain actions by the United States Food and Drug | ||
| Administration with respect to those substances. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 481.034, Health and Safety Code, is | ||
| amended by amending Subsections (a), (b), and (g) and adding | ||
| Subsection (g-1) to read as follows: | ||
| (a) The commissioner shall annually establish the schedules | ||
| of controlled substances. These annual schedules shall include the | ||
| complete list of all controlled substances from the previous | ||
| schedules and modifications in the federal schedules of controlled | ||
| substances as required by Subsection (g) or (g-1). Any further | ||
| additions to and deletions from these schedules, any rescheduling | ||
| of substances, and any other modifications made by the commissioner | ||
| to these schedules of controlled substances shall be made: | ||
| (1) in accordance with Section 481.035; | ||
| (2) in a manner consistent with this subchapter; and | ||
| (3) with approval of the executive commissioner. | ||
| (b) Except for alterations in schedules required by | ||
| Subsection (g) or (g-1), the commissioner may not make an | ||
| alteration in a schedule unless the commissioner holds a public | ||
| hearing on the matter in Austin and obtains approval from the | ||
| executive commissioner. | ||
| (g) Except as otherwise provided by this subsection or | ||
| Subsection (g-1), if a substance is designated, rescheduled, or | ||
| deleted as a controlled substance under federal law and notice of | ||
| that fact is given to the commissioner, the commissioner similarly | ||
| shall control the substance under this chapter. After the | ||
| expiration of a 30-day period beginning on the day after the date of | ||
| publication in the Federal Register of a final order designating a | ||
| substance as a controlled substance or rescheduling or deleting a | ||
| substance, the commissioner similarly shall designate, reschedule, | ||
| or delete the substance, unless the commissioner objects during the | ||
| period. If the commissioner objects, the commissioner shall | ||
| publish the reasons for the objection and give all interested | ||
| parties an opportunity to be heard. At the conclusion of the | ||
| hearing, the commissioner shall publish a decision, which is final | ||
| unless altered by statute. On publication of an objection by the | ||
| commissioner, control as to that particular substance under this | ||
| chapter is stayed until the commissioner publishes the | ||
| commissioner's decision. | ||
| (g-1) If a controlled substance is approved for medical use | ||
| by the United States Food and Drug Administration under Section | ||
| 505, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355), | ||
| the substance is subsequently deleted as a controlled substance or | ||
| rescheduled and placed on a lower schedule under federal law, and | ||
| notice of those facts is given to the commissioner, as soon as | ||
| practicable the commissioner similarly shall delete or reschedule | ||
| the substance under this chapter. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a controlled substance deleted as a controlled substance or | ||
| rescheduled and placed on a lower schedule under federal law on or | ||
| after the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
