TITLE: Relating to manufacturer fees for operation of a real-time electronic logging system to track over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; authorizing an administrative penalty.

SUMMARY: Relating to manufacturer fees for operation of a real-time electronic logging system to track over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; authorizing an administrative penalty.

FULL TEXT:
AN ACT relating to manufacturer fees for operation of a real-time electronic logging system to track over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; authorizing an administrative penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 486.001(a), Health and Safety Code, is amended by adding Subdivision (7) to read as follows: (7) "System administrator" means an entity responsible for developing, implementing, and maintaining a real-time electronic logging system. SECTION 2. Subchapter B, Chapter 486, Health and Safety Code, is amended by adding Section 486.016 to read as follows: Sec. 486.016. MANUFACTURER FEES. (a) A manufacturer of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine sold in this state shall pay a monthly fee to the system administrator of each real-time electronic logging system a business establishment uses to transmit information on the establishment's sales of the manufacturer's products to support the establishment's use of the system. (b) Each system administrator shall set a fair and reasonable amount for the fee required under Subsection (a). (c) At the department's request, a manufacturer shall provide written documentation demonstrating the manufacturer paid all fees required under Subsection (a). (d) The department may impose an administrative penalty under Subchapter Con a manufacturer that fails to pay the fee required by Subsection (a). SECTION 3. Section 486.016, Health and Safety Code, as added by this Act, applies only to a fee imposed on or after the 30th day after the effective date of this Act. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.