reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions › Section 481.183. Evidentiary Rules Relating to Drug Paraphernalia

Sec. 481.183.  EVIDENTIARY RULES RELATING TO DRUG PARAPHERNALIA.  (a)  In considering whether an item is drug paraphernalia under this chapter, a court or other authority shall consider, in addition to all other logically relevant factors, and subject to rules of evidence:
(1)  statements by an owner or person in control of the object concerning its use;
(2)  the existence of any residue of a controlled substance on the object;
(3)  direct or circumstantial evidence of the intent of an owner or other person in control of the object to deliver it to a person whom the person knows or should reasonably know intends to use the object to facilitate a violation of this chapter;
(4)  oral or written instructions provided with the object concerning its use;
(5)  descriptive material accompanying the object that explains or depicts its use;
(6)  the manner in which the object is displayed for sale;
(7)  whether the owner or person in control of the object is a supplier of similar or related items to the community, such as a licensed distributor or dealer of tobacco products;
(8)  direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(9)  the existence and scope of uses for the object in the community;
(10)  the physical design characteristics of the item;  and
(11)  expert testimony concerning the item's use.
(b)  The innocence of an owner or other person in charge of an object as to a direct violation of this chapter does not prevent a finding that the object is intended or designed for use as drug paraphernalia.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 13, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions › Section 481.184. Burden of Proof; Liabilities

Sec. 481.184.  BURDEN OF PROOF;  LIABILITIES.  (a)  The state is not required to negate an exemption or exception provided by this chapter in a complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter.  A person claiming the benefit of an exemption or exception has the burden of going forward with the evidence with respect to the exemption or exception.
(b)  In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, the person is presumed not to be the holder of the registration or form.  The presumption is subject to rebuttal by a person charged with an offense under this chapter.
(c)  This chapter does not impose a liability on an authorized state, county, or municipal officer engaged in the lawful performance of official duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 14, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions › Section 481.185. Arrest Reports

Sec. 481.185.  ARREST REPORTS.  (a)  Each law enforcement agency in this state shall file monthly with the director a report of all arrests made for drug offenses and quantities of controlled substances seized during the preceding month.  The agency shall make the report on a form provided by the director and shall provide the information required by the form.
(b)  The director shall publish an annual summary of all drug arrests and controlled substances seized in the state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter F. Inspections, Evidence, and Miscellaneous Law Enforcement Provisions › Section 481.186. Cooperative Arrangements

Sec. 481.186.  COOPERATIVE ARRANGEMENTS.  (a)  The director shall cooperate with federal and state agencies in discharging the director's responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances.  The director may:
(1)  arrange for the exchange of information among government officials concerning the use and abuse of controlled substances;
(2)  cooperate in and coordinate training programs concerning controlled substances law enforcement at local and state levels;
(3)  cooperate with the Federal Drug Enforcement Administration and state agencies by establishing a centralized unit to accept, catalog, file, and collect statistics, including records on drug-dependent persons and other controlled substance law offenders in this state and, except as provided by Section 481.068, make the information available for federal, state, and local law enforcement purposes;  and
(4)  conduct programs of eradication aimed at destroying wild or illegal growth of plant species from which controlled substances may be extracted.
(b)  In the exercise of regulatory functions under this chapter, the director may rely on results, information, and evidence relating to the regulatory functions of this chapter received from the Federal Drug Enforcement Administration or a state agency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 15, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter G. Therapeutic Research Program › Section 481.201. Research Program; Review Board

Sec. 481.201.  RESEARCH PROGRAM;  REVIEW BOARD.  (a)  The executive commissioner may establish a controlled substance therapeutic research program for the supervised use of tetrahydrocannabinols for medical and research purposes to be conducted in accordance with this chapter.
(b)  If the executive commissioner establishes the program, the executive commissioner shall create a research program review board.  The review board members are appointed by the executive commissioner and serve at the will of the executive commissioner.
(c)  The review board shall be composed of:
(1)  a licensed physician certified by the American Board of Ophthalmology;
(2)  a licensed physician certified by the American Board of Internal Medicine and certified in the subspecialty of medical oncology;
(3)  a licensed physician certified by the American Board of Psychiatry;
(4)  a licensed physician certified by the American Board of Surgery;
(5)  a licensed physician certified by the American Board of Radiology;  and
(6)  a licensed attorney with experience in law pertaining to the practice of medicine.
(d)  Members serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing official duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1232, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter G. Therapeutic Research Program › Section 481.202. Review Board Powers and Duties

Sec. 481.202.  REVIEW BOARD POWERS AND DUTIES.  (a)  The review board shall review research proposals submitted and medical case histories of persons recommended for participation in a research program and determine which research programs and persons are most suitable for the therapy and research purposes of the program.  The review board shall approve the research programs, certify program participants, and conduct periodic reviews of the research and participants.
(b)  The review board, after approval of the executive commissioner, may seek authorization to expand the research program to include diseases not covered by this subchapter.
(c)  The review board shall maintain a record of all persons in charge of approved research programs and of all persons who participate in the program as researchers or as patients.
(d)  The executive commissioner may terminate the distribution of tetrahydrocannabinols and their derivatives to a research program as the executive commissioner determines necessary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1233, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter G. Therapeutic Research Program › Section 481.203. Patient Participation

Sec. 481.203.  PATIENT PARTICIPATION.  (a)  A person may not be considered for participation as a recipient of tetrahydrocannabinols and their derivatives through a research program unless the person is recommended to a person in charge of an approved research program and the review board by a physician who is licensed by the Texas Medical Board and is attending the person.
(b)  A physician may not recommend a person for the research program unless the person:
(1)  has glaucoma or cancer;
(2)  is not responding to conventional treatment for glaucoma or cancer or is experiencing severe side effects from treatment;  and
(3)  has symptoms or side effects from treatment that may be alleviated by medical use of tetrahydrocannabinols or their derivatives.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1234, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter G. Therapeutic Research Program › Section 481.204. Acquisition and Distribution of Controlled Substances

Sec. 481.204.  ACQUISITION AND DISTRIBUTION OF CONTROLLED SUBSTANCES.  (a)  The executive commissioner shall acquire the tetrahydrocannabinols and their derivatives for use in the research program by contracting with the National Institute on Drug Abuse to receive tetrahydrocannabinols and their derivatives that are safe for human consumption according to the regulations adopted by the institute, the United States Food and Drug Administration, and the Federal Drug Enforcement Administration.
(b)  The executive commissioner shall supervise the distribution of the tetrahydrocannabinols and their derivatives to program participants.  The tetrahydrocannabinols and derivatives of tetrahydrocannabinols may be distributed only by the person in charge of the research program to physicians caring for program participant patients, under rules adopted by the executive commissioner in such a manner as to prevent unauthorized diversion of the substances and in compliance with all requirements of the Federal Drug Enforcement Administration.  The physician is responsible for dispensing the substances to patients.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1235, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter G. Therapeutic Research Program › Section 481.205. Rules; Reports

Sec. 481.205.  RULES; REPORTS.  (a)  The executive commissioner shall adopt rules necessary for implementing the research program.
(b)  If the executive commissioner establishes a program under this subchapter, the commissioner shall publish a report not later than January 1 of each odd-numbered year on the medical effectiveness of the use of tetrahydrocannabinols and their derivatives and any other medical findings of the research program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1236, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.301. Imposition of Penalty

Sec. 481.301.  IMPOSITION OF PENALTY.  The department may impose an administrative penalty on a person who violates Section 481.067, 481.077, 481.0771, or 481.080 or a rule or order adopted under any of those sections.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 21, eff. September 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 4.007, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.302. Amount of Penalty

Sec. 481.302.  AMOUNT OF PENALTY.  (a)  The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.  The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $20,000.
(b)  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the threat to health or safety caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation; and
(6)  any other matter that justice may require.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.303. Report and Notice of Violation and Penalty

Sec. 481.303.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the department initially determines that a violation occurred, the department shall give written notice of the report to the person by certified mail, registered mail, personal delivery, or another manner of delivery that records the person's receipt of the notice.
(b)  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty; and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.304. Penalty to Be Paid or Informal Hearing Requested

Sec. 481.304.  PENALTY TO BE PAID OR INFORMAL HEARING REQUESTED.  (a)  Before the 21st day after the date the person receives notice under Section 481.303, the person in writing may:
(1)  accept the determination and recommended penalty; or
(2)  make a request for an informal hearing held by the department on the occurrence of the violation, the amount of the penalty, or both.
(b)  At the conclusion of an informal hearing requested under Subsection (a), the department may modify the amount of the recommended penalty.
(c)  If the person accepts the determination and recommended penalty, including any modification of the amount, or if the person fails to timely respond to the notice, the director by order shall approve the determination and impose the recommended penalty.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.305. Formal Hearing

Sec. 481.305.  FORMAL HEARING.  (a)  The person may request a formal hearing only after participating in an informal hearing.
(b)  The request must be submitted in writing and received by the department before the 21st day after the date the person is notified of the decision from the informal hearing.
(c)  If a timely request for a formal hearing is not received, the director by order shall approve the determination from the informal hearing and impose the recommended penalty.
(d)  If the person timely requests a formal hearing, the director shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date and give written notice of the time and place of the hearing to the director and to the person.  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.
(e)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the director a proposal for a decision about the occurrence of the violation and the amount of any proposed penalty.
(f)  If a penalty is proposed under Subsection (e), the administrative law judge shall include in the proposal for a decision a finding setting out costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the state in bringing the proceeding.  The director may adopt the finding and impose the costs, fees, and expenses on the person as part of the final order entered in the proceeding.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.306. Decision

Sec. 481.306.  DECISION.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the director by order may:
(1)  find that a violation occurred and impose a penalty; or
(2)  find that a violation did not occur.
(b)  The notice of the director's order under Subsection (a) that is sent to the person in the manner provided by Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.307. Options Following Decision: Pay or Appeal

Sec. 481.307.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  Before the 31st day after the date the order under Section 481.306 that imposes an administrative penalty becomes final, the person shall:
(1)  pay the penalty; or
(2)  file a petition for judicial review of the order contesting the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.308. Stay of Enforcement of Penalty

Sec. 481.308.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the period prescribed by Section 481.307, a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until all judicial review of the order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  sending a copy of the affidavit to the director by certified mail.
(b)  Following receipt of a copy of an affidavit under Subsection (a)(2), the director may file with the court, before the sixth day after the date of receipt, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.309. Collection of Penalty

Sec. 481.309.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.
(b)  The attorney general may sue to collect the penalty.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.310. Decision by Court

Sec. 481.310.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.311. Remittance of Penalty and Interest

Sec. 481.311.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person before the 31st day after the date that the judgment of the court becomes final.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.312. Release of Bond

Sec. 481.312.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.313. Administrative Procedure

Sec. 481.313.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter H. Administrative Penalty › Section 481.314. Disposition of Penalty

Sec. 481.314.  DISPOSITION OF PENALTY.  The department shall send any amount collected as a penalty under this subchapter to the comptroller for deposit to the credit of the general revenue fund.
Added by Acts 2007, 80th Leg., R.S., Ch. 1391 (S.B. 1879), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter I. Interagency Prescription Monitoring Work Group › Section 481.351. Interagency Prescription Monitoring Work Group

Sec. 481.351.  INTERAGENCY PRESCRIPTION MONITORING WORK GROUP.  The interagency prescription monitoring work group is created to evaluate the effectiveness of prescription monitoring under this chapter and offer recommendations to improve the effectiveness and efficiency of recordkeeping and other functions related to the regulation of dispensing controlled substances by prescription.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter I. Interagency Prescription Monitoring Work Group › Section 481.352. Members

Sec. 481.352.  MEMBERS.  The work group is composed of:
(1)  the executive director of the board or the executive director's designee, who serves as chair of the work group;
(2)  the commissioner of state health services or the commissioner's designee;
(3)  the executive director of the Texas Medical Board or the executive director's designee;
(4)  the executive director of the Texas Board of Nursing or the executive director's designee;
(5)  the executive director of the Texas Physician Assistant Board or the executive director's designee;
(6)  the executive director of the State Board of Dental Examiners or the executive director's designee;
(7)  the executive director of the Texas Optometry Board or the executive director's designee;
(8)  the executive director of the Texas Department of Licensing and Regulation or the executive director's designee;
(9)  the executive director of the State Board of Veterinary Medical Examiners or the executive director's designee; and
(10)  a medical examiner appointed by the board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 22, eff. June 20, 2015.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 61, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter I. Interagency Prescription Monitoring Work Group › Section 481.353. Meetings

Sec. 481.353.  MEETINGS.  (a)  The work group shall meet when necessary as determined by the board.
(b)  The work group is subject to Chapter 551, Government Code.
(c)  The work group shall proactively engage stakeholders and solicit and take into account input from the public.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 4.004, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter I. Interagency Prescription Monitoring Work Group › Section 481.354. Report

Sec. 481.354.  REPORT.  Not later than December 1 of each even-numbered year, the work group shall submit to the legislature its recommendations relating to prescription monitoring.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. 1643), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 482 - Simulated Controlled Substances › Section 482.001. Definitions

Sec. 482.001.  DEFINITIONS.  In this chapter:
(1)  "Controlled substance" has the meaning assigned by Sec. 481.002 (Texas Controlled Substances Act).
(2)  "Deliver" means to transfer, actually or constructively, from one person to another a simulated controlled substance, regardless of whether there is an agency relationship.  The term includes offering to sell a simulated controlled substance.
(3)  "Manufacture" means to make a simulated controlled substance and includes the preparation of the substance in dosage form by mixing, compounding, encapsulating, tableting, or any other process.
(4)  "Simulated controlled substance" means a substance that is purported to be a controlled substance, but is chemically different from the controlled substance it is purported to be.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 482 - Simulated Controlled Substances › Section 482.002. Unlawful Delivery or Manufacture With Intent to Deliver; Criminal Penalty

Sec. 482.002.  UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT TO DELIVER;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person:
(1)  expressly represents the substance to be a controlled substance;
(2)  represents the substance to be a controlled substance in a manner that would lead a reasonable person to believe that the substance is a controlled substance;  or
(3)  states to the person receiving or intended to receive the simulated controlled substance that the person may successfully represent the substance to be a controlled substance to a third party.
(b)  It is a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance was:
(1)  acting in the discharge of the person's official duties as a peace officer;
(2)  manufacturing the substance for or delivering the substance to a licensed medical practitioner for use as a placebo in the course of the practitioner's research or practice;  or
(3)  a licensed medical practitioner, pharmacist, or other person authorized to dispense or administer a controlled substance, and the person was acting in the legitimate performance of the person's professional duties.
(c)  It is not a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance believed the substance to be a controlled substance.
(d)  An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.03, eff. Sept. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 482 - Simulated Controlled Substances › Section 482.003. Evidentiary Rules

Sec. 482.003.  EVIDENTIARY RULES.  (a)  In determining whether a person has represented a simulated controlled substance to be a controlled substance in a manner that would lead a reasonable person to believe the substance was a controlled substance, a court may consider, in addition to all other logically relevant factors, whether:
(1)  the simulated controlled substance was packaged in a manner normally used for the delivery of a controlled substance;
(2)  the delivery or intended delivery included an exchange of or demand for property as consideration for delivery of the substance and the amount of the consideration was substantially in excess of the reasonable value of the simulated controlled substance;  and
(3)  the physical appearance of the finished product containing the substance was substantially identical to a controlled substance.
(b)  Proof of an offer to sell a simulated controlled substance must be corroborated by a person other than the offeree or by evidence other than a statement of the offeree.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 482 - Simulated Controlled Substances › Section 482.004. Summary Forfeiture

Sec. 482.004.  SUMMARY FORFEITURE.  A simulated controlled substance seized as a result of an offense under this chapter is subject to summary forfeiture and to destruction or disposition in the same manner as is a controlled substance property under Subchapter E, Chapter 481.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 3, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 482 - Simulated Controlled Substances › Section 482.005. Preparatory Offenses

Sec. 482.005.  PREPARATORY OFFENSES.  Title 4, Penal Code, applies to an offense under this chapter.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 39, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter A. General Provisions › Section 483.0001. Short Title

Sec. 483.0001.  SHORT TITLE.  This Act may be cited as the Texas Dangerous Drug Act.
Added by Acts 1993, 73rd Leg., ch. 789, Sec. 18, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter A. General Provisions › Section 483.002. Rules

Sec. 483.002.  RULES.  The board may adopt rules for the proper administration and enforcement of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter A. General Provisions › Section 483.003. Department of State Health Services Hearings Regarding Certain Dangerous Drugs

Sec. 483.003.  DEPARTMENT OF STATE HEALTH SERVICES HEARINGS REGARDING CERTAIN DANGEROUS DRUGS.  (a)  The Department of State Health Services may hold public hearings in accordance with Chapter 2001, Government Code, to determine whether there is compelling evidence that a dangerous drug has been abused, either by being prescribed for nontherapeutic purposes or by the ultimate user.
(b)  On finding that a dangerous drug has been abused, the Department of State Health Services may limit the availability of the abused drug by permitting its dispensing only on the prescription of a practitioner described by Section 483.001(12)(A), (B), or (D).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1180, Sec. 23, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 112, Sec. 7, eff. May 11, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1237, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter A. General Provisions › Section 483.004. Commissioner of State Health Services Emergency Authority Relating to Dangerous Drugs

Sec. 483.004.  COMMISSIONER OF STATE HEALTH SERVICES EMERGENCY AUTHORITY RELATING TO DANGEROUS DRUGS.  If the commissioner of state health services has compelling evidence that an immediate danger to the public health exists as a result of the prescription of a dangerous drug by practitioners described by Section 483.001(12)(C), the commissioner may use the commissioner's existing emergency authority to limit the availability of the drug by permitting its prescription only by practitioners described by Section 483.001(12)(A), (B), or (D).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 112, Sec. 8, eff. May 11, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1238, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter B. Duties of Pharmacists, Practitioners, and Other Persons › Section 483.021. Determination by Pharmacist on Request to Dispense Drug

Sec. 483.021.  DETERMINATION BY PHARMACIST ON REQUEST TO DISPENSE DRUG.  (a)  A pharmacist who is requested to dispense a dangerous drug under a prescription issued by a practitioner shall determine, in the exercise of the pharmacist's professional judgment, that the prescription is a valid prescription.  A pharmacist may not dispense a dangerous drug if the pharmacist knows or should have known that the prescription was issued without a valid patient-practitioner relationship.
(b)  A pharmacist who is requested to dispense a dangerous drug under a prescription issued by a therapeutic optometrist shall determine, in the exercise of the pharmacist's professional judgment, whether the prescription is for a dangerous drug that a therapeutic optometrist is authorized to prescribe under Section 351.358, Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 588, Sec. 27, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1254, Sec. 12, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.796, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter B. Duties of Pharmacists, Practitioners, and Other Persons › Section 483.022. Practitioner's Designated Agent; Practitioner's Responsibilities

Sec. 483.022.  PRACTITIONER'S DESIGNATED AGENT;  PRACTITIONER'S RESPONSIBILITIES.  (a)  A practitioner shall provide in writing the name of each designated agent as defined by Section 483.001(4)(A) and (C), and the name of each healthcare facility which employs persons defined by Section 483.001(4)(B).
(b)  The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents or healthcare facilities as defined by Section 483.001(4).
(c)  The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a designated agent as defined by Section 483.001(4) on the pharmacist's request.
(d)  This section does not relieve a practitioner or the practitioner's designated agent from the requirements of Subchapter A, Chapter 562, Occupations Code.
(e)  A practitioner remains personally responsible for the actions of a designated agent who communicates a prescription to a pharmacist.
(f)  A practitioner may designate a person who is a licensed vocational nurse or has an education equivalent to or greater than that required for a licensed vocational nurse to communicate prescriptions of an advanced practice nurse or physician assistant authorized by the practitioner to sign prescription drug orders under Subchapter B, Chapter 157, Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 201, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 237, Sec. 11, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 789, Sec. 19, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 428, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.797, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter B. Duties of Pharmacists, Practitioners, and Other Persons › Section 483.023. Retention of Prescriptions

Sec. 483.023.  RETENTION OF PRESCRIPTIONS.  A pharmacy shall retain a prescription for a dangerous drug dispensed by the pharmacy for two years after the date of the initial dispensing or the last refilling of the prescription, whichever date is later.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter B. Duties of Pharmacists, Practitioners, and Other Persons › Section 483.024. Records of Acquisition or Disposal

Sec. 483.024.  RECORDS OF ACQUISITION OR DISPOSAL.  The following persons shall maintain a record of each acquisition and each disposal of a dangerous drug for two years after the date of the acquisition or disposal:
(1)  a pharmacy;
(2)  a practitioner;
(3)  a person who obtains a dangerous drug for lawful research, teaching, or testing purposes, but not for resale;
(4)  a hospital that obtains a dangerous drug for lawful administration by a practitioner; and
(5)  a manufacturer or wholesaler licensed by the Department of State Health Services under Chapter 431 (Texas Food, Drug, and Cosmetic Act).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1239, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter B. Duties of Pharmacists, Practitioners, and Other Persons › Section 483.025. Inspections; Inventories

Sec. 483.025.  INSPECTIONS;  INVENTORIES.  A person required to keep records relating to dangerous drugs shall:
(1)  make the records available for inspection and copying at all reasonable hours by any public official or employee engaged in enforcing this chapter;  and
(2)  allow the official or employee to inventory all stocks of dangerous drugs on hand.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.043. Manufacture of Dangerous Drug

Sec. 483.043.  MANUFACTURE OF DANGEROUS DRUG.  (a)  A person commits an offense if the person manufactures a dangerous drug and the person is not authorized by law to manufacture the drug.
(b)  An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.05, eff. Sept. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.045. Forging or Altering Prescription

Sec. 483.045.  FORGING OR ALTERING PRESCRIPTION.  (a)  A person commits an offense if the person:
(1)  forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription;
(2)  issues a prescription bearing a forged or fictitious signature;
(3)  obtains or attempts to obtain a dangerous drug by using a forged, fictitious, or altered prescription;
(4)  obtains or attempts to obtain a dangerous drug by means of a fictitious or fraudulent telephone call;  or
(5)  possesses a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call.
(b)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.046. Failure to Retain Prescription

Sec. 483.046.  FAILURE TO RETAIN PRESCRIPTION.  (a)  A pharmacist commits an offense if the pharmacist:
(1)  delivers a dangerous drug under a prescription;  and
(2)  fails to retain the prescription as required by Section 483.023.
(b)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.