Bill Text: TX SB1641 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to regulation of the manufacture, distribution, and disposition of controlled substances, precursors, and chemical laboratory apparatus; providing penalties; providing for a change in fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-20 - Referred to Health & Human Services [SB1641 Detail]
Download: Texas-2013-SB1641-Introduced.html
83R10862 JSC-F | ||
By: Williams | S.B. No. 1641 |
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relating to regulation of the manufacture, distribution, and | ||
disposition of controlled substances, precursors, and chemical | ||
laboratory apparatus; providing penalties; providing for a change | ||
in fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 481.062(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The following persons are not required to register and | ||
may possess a controlled substance under this chapter: | ||
(1) an agent or employee of a registered manufacturer, | ||
distributor, analyzer, or dispenser of the controlled substance | ||
acting in the usual course of business or employment; | ||
(2) a common or contract carrier, a warehouseman, or | ||
an employee of a carrier or warehouseman whose possession of the | ||
controlled substance is in the usual course of business or | ||
employment; | ||
(3) an ultimate user or a person in possession of the | ||
controlled substance under a lawful order of a practitioner or in | ||
lawful possession of the controlled substance if it is listed in | ||
Schedule V; | ||
(4) an officer or employee of this state, another | ||
state, a political subdivision of this state or another state, or | ||
the United States who is lawfully engaged in the enforcement of a | ||
law relating to a controlled substance or drug or to a customs law | ||
and authorized to possess the controlled substance in the discharge | ||
of the person's official duties; [ |
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(5) if the substance is tetrahydrocannabinol or one of | ||
its derivatives: | ||
(A) a Texas Department of Health official, a | ||
medical school researcher, or a research program participant | ||
possessing the substance as authorized under Subchapter G; or | ||
(B) a practitioner or an ultimate user possessing | ||
the substance as a participant in a federally approved therapeutic | ||
research program that the commissioner has reviewed and found, in | ||
writing, to contain a medically responsible research protocol; or | ||
(6) a person for whom registration with the United | ||
States Drug Enforcement Administration is waived under 21 C.F.R. | ||
Section 1301.22. | ||
SECTION 2. Sections 481.063(b) and (e), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) The director may not issue a registration to a person to | ||
manufacture, distribute, analyze, dispense, or conduct research | ||
with a controlled substance unless the director receives: | ||
(1) a consent form signed by the person granting the | ||
director the right to inspect records as required by this chapter; | ||
and | ||
(2) a complete set of the person's fingerprints in the | ||
form and manner prescribed by the department. | ||
(e) An application for registration to manufacture, | ||
distribute, analyze, dispense, or conduct research with a | ||
controlled substance may be denied on a finding that the applicant: | ||
(1) has furnished material information in an | ||
application filed under this chapter that the applicant knows is | ||
false or fraudulent; | ||
(2) has been convicted of or placed on community | ||
supervision or other probation for: | ||
(A) a felony; | ||
(B) a violation of this chapter or of Chapters | ||
482-485; or | ||
(C) an offense reasonably related to the | ||
registration sought; | ||
(3) has voluntarily surrendered or has had suspended, | ||
denied, or revoked a registration or application for registration | ||
to manufacture, distribute, analyze, or dispense controlled | ||
substances under the Federal Controlled Substances Act; | ||
(4) has had suspended, probated, or revoked a | ||
registration or a practitioner's license under the laws of this | ||
state or another state; | ||
(5) has intentionally or knowingly failed to establish | ||
and maintain effective security controls against diversion of | ||
controlled substances into other than legitimate medical, | ||
scientific, or industrial channels as provided by federal | ||
regulations or laws, this chapter, or a rule adopted under this | ||
chapter; | ||
(6) has intentionally or knowingly failed to maintain | ||
records required to be kept by this chapter or a rule adopted under | ||
this chapter; | ||
(7) has refused to allow an inspection authorized by | ||
this chapter or a rule adopted under this chapter; | ||
(8) has intentionally or knowingly violated this | ||
chapter or a rule adopted under this chapter; [ |
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(9) has voluntarily surrendered a registration that | ||
has not been reinstated; or | ||
(10) has submitted an application fee that is | ||
dishonored or reversed and the person has not cured the defect after | ||
reasonable notice and opportunity were provided. | ||
SECTION 3. Section 481.064(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The director may charge a nonrefundable fee [ |
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and may charge a late fee [ |
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application for renewal the department receives after the date the | ||
registration expires. The director by rule shall set the amounts of | ||
the fees at the amounts that are necessary to cover the cost of | ||
administering and enforcing this subchapter. Except as provided by | ||
Subsection (b), registrants shall pay the fees to the director. Not | ||
later than 60 days before the date the registration expires, the | ||
director shall send a renewal notice to the registrant at the last | ||
known address of the registrant according to department records. | ||
SECTION 4. Section 481.127(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person knowingly | ||
gives, permits, or obtains unauthorized access to information | ||
submitted to the director under Section 481.074(g) or 481.075. | ||
SECTION 5. Section 481.301, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 481.301. IMPOSITION OF PENALTY. The department may | ||
impose an administrative penalty on a person who violates Section | ||
481.061, 481.066, 481.067, 481.069, 481.070, 481.071, 481.072, | ||
481.073, 481.074, 481.075, 481.077, 481.0771, 481.078, 481.080, or | ||
481.081 or a rule or order adopted under any of those sections. | ||
SECTION 6. (a) Sections 481.063(b) and 481.064(a), Health | ||
and Safety Code, as amended by this Act, apply only to a | ||
registration that is issued or renewed on or after the effective | ||
date of this Act. A registration issued or renewed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the registration was issued or renewed, and the former law is | ||
continued in effect for that purpose. | ||
(b) Section 481.063(e), Health and Safety Code, as amended | ||
by this Act, applies only to an application for registration, | ||
including a renewal application, submitted on or after the | ||
effective date of this Act. An application submitted before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the application was submitted, and the former law is continued | ||
in effect for that purpose. | ||
(c) Section 481.301, Health and Safety Code, as amended by | ||
this Act, applies only to a violation that occurs on or after the | ||
effective date of this Act. A violation that occurs before that | ||
date is governed by the law in effect on the date the violation | ||
occurred, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2013. |