reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter C. Consumable Hemp Product Manufacturer License › Section 443.105. Revocation

Sec. 443.105.  REVOCATION.  The department shall revoke a license if the license holder is convicted of a felony relating to a controlled substance under federal law or the law of any state.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter D. Testing of Consumable Hemp Products › Section 443.151. Testing Required

Sec. 443.151.  TESTING REQUIRED.  (a)  A consumable hemp product must be tested as provided by:
(1)  Subsections (b) and (c); or
(2)  Subsection (d).
(b)  Before a hemp plant is processed or otherwise used in the manufacture of a consumable hemp product, a sample representing the plant must be tested, as required by the executive commissioner, to determine:
(1)  the concentration of various cannabinoids; and
(2)  the presence or quantity of heavy metals, pesticides, and any other substance prescribed by the department.
(c)  Before material extracted from hemp by processing is sold as, offered for sale as, or incorporated into a consumable hemp product, the material must be tested, as required by the executive commissioner, to determine:
(1)  the presence of harmful microorganisms; and
(2)  the presence or quantity of:
(A)  any residual solvents used in processing, if applicable; and
(B)  any other substance prescribed by the department.
(d)  Except as otherwise provided by Subsection (e), before a consumable hemp product is sold at retail or otherwise introduced into commerce in this state, a sample representing the hemp product must be tested:
(1)  by a laboratory that is accredited by an accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard to determine the delta-9 tetrahydrocannabinol concentration of the product; and
(2)  by an appropriate laboratory to determine that the product does not contain a substance described by Subsection (b) or (c) in a quantity prohibited for purposes of those subsections.
(e)  A consumable hemp product is not required to be tested under Subsection (d) if each hemp-derived ingredient of the product:
(1)  has been tested in accordance with:
(A)  Subsections (b) and (c); or
(B)  Subsection (d); and
(2)  does not have a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter D. Testing of Consumable Hemp Products › Section 443.152. Provisions Related to Testing

Sec. 443.152.  PROVISIONS RELATED TO TESTING.  (a)  A consumable hemp product that has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent may not be sold at retail or otherwise introduced into commerce in this state.
(b)  A person licensed under Chapter 122, Agriculture Code, shall provide to a license holder who is processing hemp harvested by the person or otherwise using that hemp to manufacture a consumable hemp product the results of a test conducted under that chapter, if available, as proof that the delta-9 tetrahydrocannabinol concentration of the hemp does not exceed 0.3 percent, including for purposes of Section 443.151(b)(1).
(c)  A license holder shall make available to a seller of a consumable hemp product processed or manufactured by the license holder the results of testing required by Section 443.151.  The results may accompany a shipment to the seller or be made available to the seller electronically.  If the results are not able to be made available, the seller may have the testing required under Section 443.151 performed on the product and shall make the results available to a consumer.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.201. Possession, Transportation, and Sale of Consumable Hemp Products

Sec. 443.201.  POSSESSION, TRANSPORTATION, AND SALE OF CONSUMABLE HEMP PRODUCTS.  (a)  A person may possess, transport, sell, or purchase a consumable hemp product processed or manufactured in compliance with this chapter.
(b)  The executive commissioner by rule must provide to a retailer of consumable hemp products fair notice of a potential violation concerning consumable hemp products sold by the retailer and an opportunity to cure a violation made unintentionally or negligently.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.202. Regulation of Certain Cannabinoid Oils

Sec. 443.202.  REGULATION OF CERTAIN CANNABINOID OILS.  (a) This section does not apply to low-THC cannabis regulated under Chapter 487.
(b)  Notwithstanding any other law, a person may not sell, offer for sale, possess, distribute, or transport a cannabinoid oil, including cannabidiol oil, in this state:
(1)  if the oil contains any material extracted or derived from the plant Cannabis sativa L., other than from hemp produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(2)  unless a sample representing the oil has been tested by a laboratory that is accredited by an independent accreditation body in accordance with International Organization for Standardization ISO/IEC 17025 or a comparable or successor standard and found to have a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
(c)  The department and the Department of Public Safety shall establish a process for the random testing of cannabinoid oil, including cannabidiol oil, at various retail and other establishments that sell, offer for sale, distribute, or use the oil to ensure that the oil:
(1)  does not contain harmful ingredients;
(2)  is produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; and
(3)  has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.2025. Registration Required for Retailers of Certain Products

Sec. 443.2025.  REGISTRATION REQUIRED FOR RETAILERS OF CERTAIN PRODUCTS.  (a) This section does not apply to low-THC cannabis regulated under Chapter 487.
(b)  A person may not sell consumable hemp products containing cannabidiol at retail in this state unless the person registers with the department each location owned, operated, or controlled by the person at which those products are sold. A person is not required to register a location associated with an employee or independent contractor described by Subsection (d).
(c)  The department may issue a single registration under Subsection (b) covering multiple locations owned, operated, or controlled by a person.
(d)  A person is not required to register with the department under Subsection (b) if the person is:
(1)  an employee of a registrant; or
(2)  an independent contractor of a registrant who sells the registrant's products at retail.
(e)  A registration is valid for one year and may be renewed as prescribed by department rule.
(f)  The department by rule may adopt a registration fee schedule that establishes reasonable fee amounts for the registration of:
(1)  a single location at which consumable hemp products containing cannabidiol are sold; and
(2)  multiple locations at which consumable hemp products containing cannabidiol are sold under a single registration.
(g)  The department shall adopt rules to implement and administer this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.203. Deceptive Trade Practice

Sec. 443.203.  DECEPTIVE TRADE PRACTICE.  (a)  A person who sells, offers for sale, or distributes a cannabinoid oil, including cannabidiol oil, that the person claims is processed or manufactured in compliance with this chapter commits a false, misleading, or deceptive act or practice actionable under Subchapter E, Chapter 17, Business & Commerce Code, if the oil is not processed or manufactured in accordance with this chapter.
(b)  A person who sells, offers for sale, or distributes a cannabinoid oil commits a false, misleading, or deceptive act or practice actionable under Subchapter E, Chapter 17, Business & Commerce Code, if the oil:
(1)  contains harmful ingredients;
(2)  is not produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII; or
(3)  has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.204. Rules Related to Sale of Consumable Hemp Products

Sec. 443.204.  RULES RELATED TO SALE OF CONSUMABLE HEMP PRODUCTS.  Rules adopted by the executive commissioner regulating the sale of consumable hemp products must to the extent allowable by federal law reflect the following principles:
(1)  hemp-derived cannabinoids, including cannabidiol, are not considered controlled substances or adulterants;
(2)  products containing one or more hemp-derived cannabinoids, such as cannabidiol, intended for ingestion are considered foods, not controlled substances or adulterated products;
(3)  consumable hemp products must be packaged and labeled in the manner provided by Section 443.205; and
(4)  the processing or manufacturing of a consumable hemp product for smoking is prohibited.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.205. Packaging and Labeling Requirements

Sec. 443.205.  PACKAGING AND LABELING REQUIREMENTS.  (a)  Before a consumable hemp product that contains or is marketed as containing more than trace amounts of cannabinoids may be distributed or sold, the product must be labeled in the manner provided by this section with the following information:
(1)  batch identification number;
(2)  batch date;
(3)  product name;
(4)  a uniform resource locator (URL) that provides or links to a certificate of analysis for the product or each hemp-derived ingredient of the product;
(5)  the name of the product's manufacturer; and
(6)  a certification that the delta-9 tetrahydrocannabinol concentration of the product or each hemp-derived ingredient of the product is not more than 0.3 percent.
(b)  The label required by Subsection (a) may be in the form of:
(1)  a uniform resource locator (URL) for the manufacturer's Internet website that provides or links to the information required by that subsection; and
(2)  a QR code or other bar code that may be scanned and that leads to the information required by that subsection.
(c)  The label required by Subsection (a) must appear on each unit of the product intended for individual retail sale.  If that unit includes inner and outer packaging, the label may appear on any of that packaging.
(d)  This section does not apply to sterilized seeds incapable of beginning germination.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.206. Retail Sale of Out-of-State Consumable Hemp Products

Sec. 443.206.  RETAIL SALE OF OUT-OF-STATE CONSUMABLE HEMP PRODUCTS.  Retail sales of consumable hemp products processed or manufactured outside of this state may be made in this state when the products were processed or manufactured in another state or jurisdiction in compliance with:
(1)  that state or jurisdiction's plan approved by the United States Department of Agriculture under 7 U.S.C. Section 1639p;
(2)  a plan established under 7 U.S.C. Section 1639q if that plan applies to the state or jurisdiction; or
(3)  the laws of that state or jurisdiction if the products are tested in accordance with, or in a manner similar to, Section 443.151.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 443 - Manufacture, Distribution, and Sale of Consumable Hemp Products › Subchapter E. Retail Sale of Consumable Hemp Products › Section 443.207. Transportation and Exportation of Consumable Hemp Products Out of State

Sec. 443.207.  TRANSPORTATION AND EXPORTATION OF CONSUMABLE HEMP PRODUCTS OUT OF STATE.  Consumable hemp products may be legally transported across state lines and exported to foreign jurisdictions in a manner that is consistent with federal law and the laws of respective foreign jurisdictions.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Manufacture, Distribution, and Sale of Kratom Products › Section 444.001. Definitions

Sec. 444.001.  DEFINITIONS.  In this chapter:
(1)  "Food" has the meaning assigned by Section 431.002.
(2)  "Kratom" means any part of the leaf of the plant Mitragyna speciosa.
(3)  "Kratom processor" means a person who:
(A)  manufactures, prepares, distributes, or maintains kratom products for sale;
(B)  advertises, represents, or holds oneself out as a manufacturer, preparer, or seller of kratom products;
(C)  is responsible for ensuring the purity and proper labeling of kratom products; or
(D)  packages or labels kratom products.
(4)  "Kratom product" means a food, including an extract, capsule, or pill, containing any form of kratom.
(5)  "Kratom retailer" means a kratom processor who sells kratom products to consumers or who advertises, represents, or holds oneself out as a person who sells kratom products to consumers.
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Manufacture, Distribution, and Sale of Kratom Products › Section 444.002. Label Required

Sec. 444.002.  LABEL REQUIRED.  (a)  A kratom processor shall label each kratom product with the product use directions necessary to ensure safe use of the product by a consumer, including the recommended serving size for the product.
(b)  A kratom retailer may only sell a kratom product that is properly labeled in accordance with this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Manufacture, Distribution, and Sale of Kratom Products › Section 444.003. Adulterated, Contaminated, and Prohibited Kratom Products

Sec. 444.003.  ADULTERATED, CONTAMINATED, AND PROHIBITED KRATOM PRODUCTS.  A kratom processor or kratom retailer may not prepare, distribute, sell, or offer to sell a kratom product that:
(1)  is adulterated with a dangerous non-kratom substance affecting the quality or strength of the product to a degree that renders the product injurious to a consumer;
(2)  is contaminated with a poisonous or otherwise deleterious non-kratom substance, including any substance designated as a controlled substance by Chapter 481 (Texas Controlled Substances Act);
(3)  contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the overall alkaloid composition of the product; or
(4)  contains any synthetic alkaloids, including synthetic 7-hydroxymitragynine and synthetically derived compounds from a kratom plant.
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Manufacture, Distribution, and Sale of Kratom Products › Section 444.004. Offense for Distribution or Sale of Kratom Product to Minor

Sec. 444.004.  OFFENSE FOR DISTRIBUTION OR SALE OF KRATOM PRODUCT TO MINOR.  (a)  A person commits an offense if the person distributes, sells, or exposes for sale a kratom product to an individual younger than 18 years of age.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Manufacture, Distribution, and Sale of Kratom Products › Section 444.005. Civil Penalty

Sec. 444.005.  CIVIL PENALTY.  (a)  A person who violates this chapter is subject to a civil penalty in the amount of:
(1)  $250 for the first violation;
(2)  $500 for the second violation; and
(3)  $1,000 for each subsequent violation.
(b)  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.
(c)  A kratom retailer is not liable for a civil penalty under this section for a violation of Section 444.002 or 444.003 if the kratom retailer proves by a preponderance of the evidence that the violation was unintentional and due to the kratom retailer's good faith reliance on the representation of another kratom processor.
(d)  The attorney general or the district or county attorney for the county or municipal attorney for the municipality in which the violation is alleged to have occurred may bring an action to recover a civil penalty under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Manufacture, Distribution, and Sale of Kratom Products › Section 444.006. Penalties Under Other Law

Sec. 444.006.  PENALTIES UNDER OTHER LAW.  The penalties prescribed by this chapter are in addition to any other penalties prescribed by law, including penalties prescribed by Chapters 431 and 481.
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Manufacture, Distribution, and Sale of Kratom Products › Section 444.007. Rules

Sec. 444.007.  RULES.  The executive commissioner may adopt rules consistent with this chapter as necessary to ensure the safe consumption and distribution of kratom and kratom products.
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Wholesale Prescription Drug Importation Program › Section 444.001. Definitions

Sec. 444.001.  DEFINITIONS.  In this chapter:
(1)  "Canadian supplier" means a manufacturer, wholesale distributor, or pharmacy that is appropriately licensed or permitted under Canadian federal or provincial laws and rules to manufacture, distribute, or dispense prescription drugs.
(2)  "Commission" means the Health and Human Services Commission.
(3)  "Prescription drug wholesaler" means a person licensed as a wholesale distributor under Subchapter N, Chapter 431, that contracts with this state to import prescription drugs under the program.
(4)  "Program" means the wholesale prescription drug importation program established under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 655 (H.B. 25), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Wholesale Prescription Drug Importation Program › Section 444.002. Establishment of Wholesale Prescription Drug Importation Program

Sec. 444.002.  ESTABLISHMENT OF WHOLESALE PRESCRIPTION DRUG IMPORTATION PROGRAM.  (a)  The commission shall establish the wholesale prescription drug importation program to provide lower cost prescription drugs available outside of the United States to consumers in this state at the lower cost.
(b)  The commission shall implement the program by:
(1)  contracting with one or more prescription drug wholesalers and Canadian suppliers to import prescription drugs and provide prescription drug cost savings to consumers in this state;
(2)  developing a registration process for health benefit plan issuers, health care providers, and pharmacies to obtain and dispense prescription drugs imported under the program;
(3)  developing a list of prescription drugs, including the prices of those drugs, that meet the requirements of Section 444.003 and publishing the list on the commission's Internet website;
(4)  establishing an outreach and marketing plan to generate program awareness;
(5)  establishing and administering a telephone call center or electronic portal to provide information about the program;
(6)  ensuring the program and the prescription drug wholesalers that contract with this state under Subdivision (1) comply with the tracking, tracing, verification, and identification requirements of 21 U.S.C. Section 360eee-1;
(7)  prohibiting the distribution, dispensing, or sale of prescription drugs imported under this chapter outside the boundaries of this state; and
(8)  performing any other duties the executive commissioner determines necessary to implement the program.
(c)  The commission shall ensure that the program meets the requirements of 21 U.S.C. Section 384.
(d)  In developing the program, the commission may consult with interested parties.
Added by Acts 2023, 88th Leg., R.S., Ch. 655 (H.B. 25), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Wholesale Prescription Drug Importation Program › Section 444.003. Eligible Prescription Drugs

Sec. 444.003.  ELIGIBLE PRESCRIPTION DRUGS.  A prescription drug may be imported into this state under the program only if the drug:
(1)  meets the United States Food and Drug Administration's standards related to prescription drug safety, effectiveness, misbranding, and adulteration;
(2)  does not violate any federal patent laws through its importation;
(3)  is expected to generate cost savings for consumers; and
(4)  is not:
(A)  listed as a controlled substance under state or federal law;
(B)  a biological product;
(C)  an infused drug;
(D)  an intravenously injected drug;
(E)  a drug that is inhaled during surgery; or
(F)  a parenteral drug.
Added by Acts 2023, 88th Leg., R.S., Ch. 655 (H.B. 25), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Wholesale Prescription Drug Importation Program › Section 444.004. Anticompetitive Behavior Monitoring

Sec. 444.004.  ANTICOMPETITIVE BEHAVIOR MONITORING.  The commission, in consultation with the attorney general, shall identify and monitor any potential anticompetitive activities in industries affected by the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 655 (H.B. 25), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Wholesale Prescription Drug Importation Program › Section 444.005. Program Funding

Sec. 444.005.  PROGRAM FUNDING.  In addition to money appropriated by the legislature, the commission may impose a fee on each prescription drug sold under the program or establish another funding method to administer the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 655 (H.B. 25), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Wholesale Prescription Drug Importation Program › Section 444.006. Audit Procedures

Sec. 444.006.  AUDIT PROCEDURES.  The executive commissioner by rule shall develop procedures to effectively audit a prescription drug wholesaler participating in the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 655 (H.B. 25), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 444 - Wholesale Prescription Drug Importation Program › Section 444.007. Annual Reporting

Sec. 444.007.  ANNUAL REPORTING.  Not later than December 1 of each year, the commission shall submit a report to the governor and the legislature regarding the operation of the program during the preceding state fiscal year, including:
(1)  which prescription drugs and Canadian suppliers are included in the program;
(2)  the number of health benefit plan issuers, health care providers, and pharmacies participating in the program;
(3)  the number of prescriptions dispensed through the program;
(4)  the estimated cost savings to consumers, health plans, employers, and this state since the establishment of the program and during the preceding state fiscal year;
(5)  information regarding the implementation of the audit procedures under Section 444.006; and
(6)  any other information:
(A)  the governor or the legislature requests; or
(B)  the commission considers necessary.
Added by Acts 2023, 88th Leg., R.S., Ch. 655 (H.B. 25), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter A. General Provisions › Section 461A.001. Policy

Sec. 461A.001.  POLICY.  Chemical dependency is a preventable and treatable illness and public health problem affecting the general welfare and the economy of this state.  The legislature recognizes the need for proper and sufficient facilities, programs, and procedures for prevention, intervention, treatment, and rehabilitation.  It is the policy of this state that a person with a chemical dependency shall be offered a continuum of services that will enable the person to lead a normal life as a productive member of society.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter A. General Provisions › Section 461A.002. Definitions

Sec. 461A.002.  DEFINITIONS.  In this chapter:
(1)  "Chemical dependency" means:
(A)  abuse of alcohol or a controlled substance;
(B)  psychological or physical dependence on alcohol or a controlled substance;  or
(C)  addiction to alcohol or a controlled substance.
(2)  "Commission" means the Health and Human Services Commission.
(3)  "Commissioner" means the commissioner of state health services.
(4)  "Controlled substance" means a:
(A)  toxic inhalant;  or
(B)  substance designated as a controlled substance by Chapter 481.
(5)  "Department" means the Department of State Health Services.
(6)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(7)  "Intervention" means the interruption of the onset or progression of chemical dependency in the early stages.
(8)  "Prevention" means the reduction of a person's risk of abusing alcohol or a controlled substance or becoming chemically dependent.
(9)  "Rehabilitation" means the reestablishment of the social and vocational life of a person after treatment.
(10)  "Toxic inhalant" means a gaseous substance that is inhaled by a person to produce a desired physical or psychological effect and that may cause personal injury or illness to the person.
(11)  "Treatment" means the initiation and promotion, in a planned, structured, and organized manner, of a person's chemical-free status or the maintenance of a person free of illegal drugs.
(12)  "Treatment facility" means a public or private hospital, a detoxification facility, a primary care facility, an intensive care facility, a long-term care facility, an outpatient care facility, a community mental health center, a health maintenance organization, a recovery center, a halfway house, an ambulatory care facility, another facility that is required to be licensed and approved by the department under Chapter 464, or a facility licensed or operated under Title 7 that provides treatment services.  The term does not include an educational program for intoxicated drivers or the individual office of a private, licensed health care practitioner who personally renders private individual or group services within the scope of the practitioner's license and in the practitioner's office.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter A. General Provisions › Section 461A.003. Implementation by Department

Sec. 461A.003.  IMPLEMENTATION BY DEPARTMENT.  The department shall implement this chapter for the purpose of preventing broken homes and the loss of lives.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter A. General Provisions › Section 461A.004. Cooperation With Department

Sec. 461A.004.  COOPERATION WITH DEPARTMENT.  (a)  Each department, agency, officer, and employee of the state, when requested by the department, shall cooperate with the department in appropriate activities to implement this chapter.
(b)  This section does not give the department control over existing facilities, institutions, or agencies or require the facilities, institutions, or agencies to serve the department in a manner that is inconsistent with the functions, the authority, or the laws and rules governing the activities of the facilities, institutions, or agencies.
(c)  This section does not authorize the department to use a private institution or agency without its consent or to pay a private institution or agency for services that a public institution or agency is willing and able to provide.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter A. General Provisions › Section 461A.005. Conflict With Other Law

Text of section effective until April 01, 2025
Sec. 461A.005.  CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the department or commissioner by this chapter conflicts with Section 531.0055, Government Code, Section 531.0055 controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.50, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter A. General Provisions › Section 461A.005. Conflict With Other Law

Text of section effective on April 01, 2025
Sec. 461A.005.  CONFLICT WITH OTHER LAW.  To the extent a power or duty given to the department or commissioner by this chapter conflicts with any of the following provisions of the Government Code, the Government Code provision controls:
(1)  Subchapter A, Chapter 524;
(2)  Section 524.0101;
(3)  Sections 524.0151(a)(2) and (b);
(4)  Section 524.0202; and
(5)  Section 525.0254.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.50, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner › Section 461A.051. Powers and Duties of Executive Commissioner

Sec. 461A.051.  POWERS AND DUTIES OF EXECUTIVE COMMISSIONER.  The executive commissioner shall:
(1)  adopt rules governing the functions of the department in relation to chemical dependency services and related programs, including rules that prescribe the policies and procedures followed by the department in administering chemical dependency services and related programs; and
(2)  by rule and based on criteria proposed by the department, establish minimum criteria that peer assistance programs must meet to be governed by and entitled to the benefits of a law that authorizes licensing and disciplinary authorities to establish or approve peer assistance programs for impaired professionals.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner › Section 461A.053. Emergency Treatment Resources

Sec. 461A.053.  EMERGENCY TREATMENT RESOURCES.  The commissioner may develop emergency treatment resources for persons who appear to be:
(1)  chemically dependent;
(2)  under the influence of alcohol or a controlled substance and in need of medical attention;  or
(3)  undergoing withdrawal or experiencing medical complications related to a chemical dependency.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner › Section 461A.054. Referral Services for Persons From Criminal Justice System

Sec. 461A.054.  REFERRAL SERVICES FOR PERSONS FROM CRIMINAL JUSTICE SYSTEM.  (a)  The commissioner may establish programs for the referral, treatment, or rehabilitation of persons from the criminal justice system within the terms of bail, probation, conditional discharge, parole, or other conditional release.
(b)  A referral may not be inconsistent with medical or clinical judgment or conflict with this chapter or Chapter 462 or applicable federal regulations.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner › Section 461A.055. Reporting of Children Involved in Substance Abuse or From Family Involved in Substance Abuse

Sec. 461A.055.  REPORTING OF CHILDREN INVOLVED IN SUBSTANCE ABUSE OR FROM FAMILY INVOLVED IN SUBSTANCE ABUSE.  (a)  The department in the context of mental health services, the commission, the Department of Aging and Disability Services, and the Texas Juvenile Justice Department shall:
(1)  attempt to determine whether a child under the agency's jurisdiction is involved in substance abuse or is from a substance-abusing family;
(2)  record its determination in the case record of the child;  and
(3)  record the information for statistical reporting purposes.
(b)  The agencies shall revise their assessment forms, as needed, to include a determination under this section.
(c)  The department shall coordinate the efforts of the agencies described by Subsection (a) in complying with this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner › Section 461A.057. State Agency Services Standards

Sec. 461A.057.  STATE AGENCY SERVICES STANDARDS.  (a)  The executive commissioner by rule shall develop model program standards for substance abuse services for use by each state agency that provides or pays for substance abuse services.  The department shall provide the model standards to each agency that provides substance abuse services as identified by the commission.
(b)  Model standards developed under Subsection (a) must be designed to improve the consistency of substance abuse services provided by or through a state agency.
(c)  Biennially the department shall review the model standards developed under Subsection (a) and determine whether each standard contributes effectively to the consistency of service delivery by state agencies.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner › Section 461A.059. Opioid Antagonist Program

Sec. 461A.059.  OPIOID ANTAGONIST PROGRAM.  (a)  In this section, "opioid antagonist" has the meaning assigned by Section 483.101.
(b)  From funds available for that purpose, the executive commissioner shall operate a program to provide opioid antagonists for the prevention of opioid overdoses in a manner determined by the executive commissioner to best accomplish that purpose.
(c)  The executive commissioner may provide opioid antagonists under the program to emergency medical services personnel, first responders, public schools, institutions of higher education as defined by Section 481.134, community centers, and other persons likely to be in a position to respond to an opioid overdose.
(d)  The commission may accept gifts, grants, and donations to be used in administering this section.
(e)  The executive commissioner shall adopt rules as necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1167 (H.B. 3285), Sec. 6, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 924 (S.B. 867), Sec. 1, eff. June 17, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter C. Services and Programs › Section 461A.101. Local Behavioral Health Authorities

Sec. 461A.101.  LOCAL BEHAVIORAL HEALTH AUTHORITIES.  The department may designate and provide services through local behavioral health authorities as provided by Section 533.0356 and rules adopted by the executive commissioner.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter C. Services and Programs › Section 461A.102. Education and Research Programs Concerning Controlled Substances

Sec. 461A.102.  EDUCATION AND RESEARCH PROGRAMS CONCERNING CONTROLLED SUBSTANCES.  (a)  In this section, "controlled substances" means those substances designated as controlled substances by Chapter 481.
(b)  The department, in cooperation with other appropriate state agencies, shall carry out educational programs designed to prevent or deter misuse and abuse of controlled substances.  In connection with those programs the department may:
(1)  promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(2)  assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(3)  consult with interested groups and organizations to aid those groups in solving administrative and organizational problems;
(4)  evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(5)  disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of problems that exist and ways to combat those problems;  and
(6)  assist in educating and training state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
(c)  The department shall encourage research on misuse and abuse of controlled substances.  In connection with research, and in furtherance of the enforcement of Chapter 481, the commissioner may:
(1)  establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;
(2)  make studies and undertake programs of research to:
(A)  develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of Chapter 481;
(B)  determine patterns and social effects of misuse and abuse of controlled substances;  and
(C)  improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances;  and
(3)  contract with public agencies, institutions of higher education, and private organizations or individuals to conduct research, demonstrations, or special projects that directly pertain to the misuse and abuse of controlled substances.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter C. Services and Programs › Section 461A.103. Outreach Programs for Intravenous Drug Users

Sec. 461A.103.  OUTREACH PROGRAMS FOR INTRAVENOUS DRUG USERS.  (a)  In this section, "HIV" means human immunodeficiency virus.
(b)  The department may fund community outreach programs that have direct contact with intravenous drug users.
(c)  An outreach program funded by the department must:
(1)  provide education on HIV infection based on the model education program developed by the department;
(2)  encourage behavior changes to reduce the possibility of HIV transmission;
(3)  promote other HIV risk reduction activities;  and
(4)  encourage behavior consistent with state criminal laws.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs › Subchapter C. Services and Programs › Section 461A.104. Minimum Program Requirements

Sec. 461A.104.  MINIMUM PROGRAM REQUIREMENTS.  (a)  In this section, "coping skills training" means instruction in the elements and practice of and reasons for the skills of communication, stress management, problem solving, daily living, and decision making.
(b)  A chemical dependency intensive intervention, outpatient, residential treatment, or rehabilitation program that is provided by the department or that is funded wholly or partly by funds allocated through the department must include:
(1)  coping skills training;
(2)  education regarding the manifestations and dynamics of dysfunctional relationships within the family;  and
(3)  support group opportunities for children and adults.
(c)  This section does not apply to:
(1)  a detoxification program or that part of a program that provides detoxification;  or
(2)  a program provided by the Texas Juvenile Justice Department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1158, eff. April 2, 2015.