reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter B - APPLICATION AND RENEWAL › Section 12.15 - Denial of Application for License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department may deny the application for a license as a dispensing
				  organization if the applicant fails to pass the initial review of the
				  application materials or the onsite inspection, based on the failure to satisfy
				  the requirements reflected in subsection (b)(7) of §
										12.11 of
				  this title (relating to Application for License), and has either failed to
				  address the basis for the failure within sixty (60) days of notice of the
				  failure, or has failed to request an additional thirty (30) days to address the
				  basis for the failure.
(b) The
				  department may deny the application for a license if the applicant is found to
				  have violated any provision of the Act or this chapter, or §§
										481.120,
				  481.121,
				  481.122,
				  or
				  481.125
				  of the Texas Health and Safety Code prior to licensure or renewal.
(c) The department may also deny the
				  application for a license from an otherwise qualified applicant if the
				  department determines issuance of the license is not necessary to ensure
				  reasonable statewide access to, and the availability of low-THC cannabis for
				  patients registered in the compassionate-use registry and for whom low-THC
				  cannabis is prescribed under Chapter 169, Occupations Code.
(d) Following the notice of denial the
				  applicant will be provided thirty (30) days to request a hearing by submitting
				  a request through the department's website.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter B - APPLICATION AND RENEWAL › Section 12.16 - Denial of Application for Registration

Current through Reg. 49, No. 28; July 12, 2024
The department may deny the application for registration of
					 a director, manager, or employee of a dispensing organization if the applicant
					 is disqualified pursuant to §
										12.3
					 of this title (relating to Criminal History Disqualifiers). The applicant may
					 request a hearing by submitting a request through the department's website
					 within thirty (30) days of the date of the denial notice.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 12.21 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Submission of an application for a
				  license as a dispensing organization constitutes permission for entry by the
				  department to the regulated premises of the dispensing organization at any time
				  during regular business hours.
(b)
				  While conducting an inspection or engaging in activity reasonably related to
				  the inspection, the department may be assisted by a peace officer, a
				  representative of the State Fire Marshal's Office or another appropriate state
				  or local regulatory agency.
(c)
				  Within thirty (30) calendar days of the date of receipt of the written notice
				  of violation, the dispensing organization shall provide the department with
				  notification of all corrective actions taken and the dates of the
				  corrections.
(d) Onsite inspections
				  may include but are not limited to review of:
(1) All requirements provided in §
											12.11(b)
				  of this title (relating to Application for License);
(2) Security equipment and protocols as
				  provided in Subchapter D of this title (relating to Security );
(3) Records as provided in §
											12.4 of this
				  title (relating to Records).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 12.22 - Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may initiate suspension
				  proceedings against the license of a dispensing organization if the licensee or
				  its registrant:
(1) Willfully or knowingly
				  submits false, inaccurate, or incomplete information to the department or
				  records such information on any records required to be maintained under this
				  chapter;
(2) Fails to maintain the
				  records required under this chapter; or
(3) Violates any provision of the Act, of
				  this chapter, or §§
											481.120,
				  481.121,
				  481.122,
				  or
				  481.125
				  of the Texas Health and Safety Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 12.23 - Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may revoke a license or
				  registration if the licensee or registrant:
(1) Is found to have performed a regulated
				  function prior to issuance of the license or registration;
(2) Misrepresents a material fact in any
				  application to the department or any other information filed pursuant to the
				  Act or this chapter;
(3) Prepares
				  or submits to the department false, incorrect, incomplete or misleading forms
				  or reports on multiple occasions;
(4) Performs a regulated function while
				  suspended;
(5) Exhibits a pattern
				  of misconduct evidenced by previous violations for which previous suspensions
				  have been inadequate to affect compliance;
(6) Is convicted of a disqualifying felony or
				  misdemeanor offense pursuant to §
											12.3
				  of this title (relating to Criminal History Disqualifiers);
(7) Violates §§
											481.120,
				  481.121,
				  481.122,
				  or
				  481.125
				  of the Texas Health and Safety Code; or
(8) Submits to the department a payment that
				  is dishonored, reversed, or otherwise insufficient or invalid.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 12.24 - Default Judgments

Current through Reg. 49, No. 28; July 12, 2024
Following adequate notice of a hearing on a contested case
					 before SOAH, failure of the respondent to appear at the time of hearing shall
					 entitle the department to request from the administrative law judge an order
					 dismissing the case from the SOAH docket and to informally dispose of the case
					 on a default basis.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter C - COMPLIANCE AND ENFORCEMENT › Section 12.25 - Hearing Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) In cases
				  brought before SOAH, in the event the respondent is adjudicated as being in
				  violation of the Act or this chapter after a trial on the merits, the
				  department has authority to assess the actual costs of the administrative
				  hearing in addition to the penalty imposed. Such costs include, but are not
				  limited to, investigative costs, witness fees, deposition expenses, travel
				  expenses of witnesses, transcription expenses, or any other costs that are
				  necessary for the preparation of the department's case.
(b) The costs of transcriptions and
				  preparation of the record for appeal shall be paid by the respondent.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter D - SECURITY › Section 12.32 - Security of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Any vehicle
				  used by a dispensing organization for the transportation of low-THC cannabis
				  must have a vehicle security system and a securely attached and locked
				  container within the vehicle. It is the responsibility of the licensee to
				  ensure that only authorized registered employees have access to the locked
				  secure container within the vehicle.
(b) Prior to transportation of any product,
				  licensee shall complete a trip plan that includes:
(1) The name of the registrant responsible
				  for the transportation;
(2) The
				  date and start time of the trip;
(3) The anticipated route of transportation
				  and destination; and
(4) A
				  detailed invoice or log of the specific type of product and amount to be
				  transported.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter D - SECURITY › Section 12.33 - Response to Security Breach

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  licensee must immediately report any unauthorized intrusion or other security
				  breach of the regulated premises to both the local law enforcement agency with
				  primary response jurisdiction and within twenty four (24) hours to the
				  department.
(b) Following any
				  security breach the licensee shall review existing security procedures for any
				  deficiencies that may have contributed to the breach. The licensee shall remedy
				  the deficiency and report the remedial measures to the department.
(c) The licensee must rekey or change the
				  combinations of any locks opened in the breach, and change any passwords that
				  may have been used in the breach.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter D - SECURITY › Section 12.34 - Reporting of Discrepancy, Loss or Theft

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A licensee or registrant must report to the department not later than the
				  second day following the date the licensee or registrant learns of:
(1) A notable inventory
				  discrepancy;
(2) An inventory loss
				  or theft; or
(3) A fire on the
				  regulated premises; or
(4) A loss
				  or theft during transport.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter E - COMPASSIONATE-USE REGISTRY › Section 12.41 - Access to Compassionate-Use Registry

Current through Reg. 49, No. 28; July 12, 2024
(a) Qualified physicians registered as
				  prescribers of low-THC cannabis under Texas Occupations Code, Chapter 169 may
				  access the Compassionate-Use Registry using the department's secure web
				  portal.
(b) Dispensing
				  organizations and law enforcement agencies may request access to the
				  Compassionate-Use Registry for purposes of the Act and this chapter, including
				  verifying whether a patient is one for whom low-THC cannabis is prescribed and
				  whether the patient's prescriptions have been filled.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter E - COMPASSIONATE-USE REGISTRY › Section 12.42 - Verification of Patient Prescription

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before dispensing any low-THC cannabis to a registered patient or the patient's
				  legal guardian, the dispensing organization must verify the identity of the
				  patient or guardian, verify the guardian's status, if applicable, and otherwise
				  comply with the requirements of §487.107 of the Act.
(b) Upon dispensing the low-THC cannabis, the
				  dispensing organization shall immediately enter into the registry the form and
				  quantity of low-THC cannabis dispensed, the amount charged for the low-THC
				  cannabis dispensed, and the date and time of dispensation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter E - COMPASSIONATE-USE REGISTRY › Section 12.43 - Prescriber Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  the requirements of Texas Occupations Code, §
										169.004,
				  for purposes of identification the physician's registration must include the
				  patient's address, the last four digits of the patient's Social Security
				  number, and if applicable, the name of the patient's legal guardian.
(b) Physicians registered as prescribers of
				  low-THC cannabis under Texas Occupations Code, Chapter 169 must immediately
				  inform the department of any change to their qualifications to prescribe under
				  §
										169.002.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter E - COMPASSIONATE-USE REGISTRY › Section 12.44 - Prescriptions

Current through Reg. 49, No. 28; July 12, 2024
Prescriptions for low-THC cannabis must be submitted
					 electronically to the Compassionate-Use Registry in compliance with Texas
					 Occupations Code, §
										169.003,
					 and may be confirmed and dispensed based on the electronic prescription record
					 in accordance with §
										487.107
					 of the Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter F - SPECIAL CONDITIONS FOR MILITARY SERVICE MEMBERS AND SPOUSES › Section 12.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the terms "military
					 service member", "military veteran", and "military spouse" have the meanings
					 provided in Texas Occupations Code, §
										55.001.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter F - SPECIAL CONDITIONS FOR MILITARY SERVICE MEMBERS AND SPOUSES › Section 12.52 - Exemption from Penalty for Failure to Renew in Timely Manner

Current through Reg. 49, No. 28; July 12, 2024
An individual who holds a registration or license issued
					 under the Act is exempt from any increased fee or other penalty for failing to
					 renew the license or registration in a timely manner if the individual
					 establishes to the satisfaction of the department the individual failed to
					 renew the license or registration in a timely manner because the individual was
					 serving as a military service member.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter F - SPECIAL CONDITIONS FOR MILITARY SERVICE MEMBERS AND SPOUSES › Section 12.53 - Extension of License Renewal Deadlines for Military Members

Current through Reg. 49, No. 28; July 12, 2024
A military service member who holds a registration or
					 license issued under the Act is entitled to two (2) years of additional time to
					 complete any requirement related to the renewal of the
					 license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter F - SPECIAL CONDITIONS FOR MILITARY SERVICE MEMBERS AND SPOUSES › Section 12.54 - Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  who is a military service member, military veteran, or military spouse may
				  apply for a license under this section if the individual:
(1) Holds a current license issued by another
				  jurisdiction with licensing requirements substantially equivalent to the Act's
				  requirements for the license; or
(2) Held a license in this state within the
				  five (5) years preceding the date of application.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter F - SPECIAL CONDITIONS FOR MILITARY SERVICE MEMBERS AND SPOUSES › Section 12.55 - Credit for Military Experience and Training

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Verified military service, training, or education that relates to the
				  registration or license for which a military service member or military veteran
				  has applied will be credited toward the respective experience or training
				  requirements.
(b) This section does
				  not apply to an applicant who:
(1) Holds a
				  restricted licensed issued by another jurisdiction; or
(2) Is ineligible for the registration or
				  license under the Act or this chapter, based on a disqualifying criminal
				  history.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 12 - COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM › Subchapter G - PRODUCTION LIMITS › Section 12.61 - Production Limits

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  limits the amount of annual statewide production by licensees to the estimated
				  demand as calculated under this subchapter but shall not be construed as
				  adopting a standard of care for treatment involving the product. The intent of
				  this subchapter reflects legislative intent to serve a narrow population of
				  patients living with intractable epilepsy, as defined under Occupations Code,
				  Chapter 169. The subchapter includes a provision allowing the department to
				  increase the established production limit. This provision shall be executed if
				  ever necessary to prevent the subchapter from ever being the cause of a patient
				  legally prescribed the product under Occupations Code, Chapter 169, from being
				  unable to access his or her full prescription from a licensee.
(b) On the first of every September or in
				  accordance with subsection (i) of this section, the Department of State Health
				  Services shall provide a report to the department with:
(1) a current estimate of people living with
				  intractable epilepsy, as defined by Occupations Code, Chapter 169, in Texas;
				  and
(2) the most current
				  scientifically accepted dosage of product used to treat an average individual
				  living with intractable epilepsy for one (1) year.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter A - GENERAL PROVISIONS › Section 13.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The terms in this section, when used in
				  this chapter, have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--The Texas Controlled
				  Substances Act (Texas Health and Safety Code, Chapter 481).
(2) Day--A calendar day unless otherwise
				  indicated as a business day.
(3)
				  Department (DPS)--The Texas Department of Public Safety.
(4) Distributor--A manufacturer, wholesaler,
				  retailer or other person who sells, transfers, or otherwise furnishes a
				  chemical precursor or a chemical laboratory apparatus.
(5) Drug Enforcement Administration
				  (DEA)--The Federal Drug Enforcement Administration.
(6) Electronic transmission--The transmission
				  of information in electronic form such as computer to computer, electronic
				  device to computer, email, or the transmission of the exact visual image of a
				  document by way of electronic media.
(7) Record--A notification, order form,
				  statement, invoice, inventory information, or other document for the
				  acquisition or disposal of a controlled substance, precursor, or apparatus
				  created or maintained in any manner under a record keeping or inventory
				  requirement of federal law, the Act, or this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.13 - Reporting

Current through Reg. 49, No. 28; July 12, 2024
A suspicious order, a theft, or a loss of a precursor
					 chemical or laboratory apparatus shall be reported to the department using the
					 department approved form not later than the third day after the suspicious
					 order, theft, or loss is discovered.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.16 - Security

Current through Reg. 49, No. 28; July 12, 2024
(a) A distributor or recipient must establish
				  and maintain effective controls and procedures to prevent unauthorized access,
				  theft, or diversion of any precursor chemical laboratory apparatus (PCLA). The
				  following constitute the minimum security requirements to protect these
				  controlled items. The distributor or recipient must:
(1) Establish and maintain a building, an
				  enclosure within a building, or an enclosed yard that provides reasonably
				  adequate security against the diversion of a controlled item;
(2) Limit access to each storage area to the
				  minimum number of individuals or employees necessary for the distributor's or
				  recipient's activities; and
(3)
				  Designate an individual or a limited number of individuals with responsibility
				  for each area in which a controlled item is stored, and authority to enter or
				  control entry into the area.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.17 - Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A distributor
				  or recipient of a precursor or apparatus must make an accurate and legible
				  record of each distribution; and maintain the record for two years after the
				  date of the transaction.
(b) A
				  distributor satisfies the record keeping requirement under this section by
				  recording and maintaining the record of distribution as a readily retrievable
				  record in an automated data processing system, if the system provides a
				  comprehensive monthly report to the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.18 - Inventory

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless exempt under the Act, a
				  distributor or recipient of a precursor or apparatus must establish and
				  maintain an inventory under this section.
(b) A distributor or recipient must conduct
				  an initial inventory to include each precursor chemical laboratory apparatus
				  (PCLA) that is covered by this subchapter and in stock at the time of the
				  inventory. The distributor or recipient must conduct the initial inventory not
				  later than the 90th day after the date the department issues the initial permit
				  under this chapter.
(c) After the
				  initial inventory, a distributor or recipient must conduct another inventory
				  not later than the 24th month following the month of the last inventory.
(d) The department may deem a
				  distributor or recipient to be in compliance with the inventory requirements of
				  this section if the distributor or recipient:
(1) Is a business that routinely conducts an
				  annual inventory of all items; and
(2) Maintains a readily retrievable record of
				  each precursor or apparatus located during the inventory.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.19 - Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon request of the department, a
				  distributor or recipient may be provided up to 24 hours, excluding weekends and
				  holidays, to produce any or all records required to be maintained on site for
				  inspection by the department.
(b)
				  All distributors or recipients authorized to maintain an offsite central record
				  keeping system shall, upon request, produce the requested records within two
				  business days.
(c) If an individual
				  maintains a record under this chapter using an automated data processing system
				  and if the individual does not have a printer available on site, the individual
				  must:
(1) Make a useable copy available to
				  the department at the close of business the day after the audit; and
(2) Certify that the information contained
				  within the copy is true and correct as of the date of audit and has not been
				  altered, amended, or modified.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.21 - Administrative Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
The violations detailed in this section will be subject to
					 an administrative fine of $500 per violation, subject to the factors provided
					 in §481.302 of the Act. These fines may be imposed under the procedures
					 described in Subchapter H of the Act for violations of the Act and this
					 chapter.
(1) Failure to maintain
				  records/inventories.
(2) Failure to
				  provide required reports.
(3)
				  Inaccurate or fraudulent reporting.
(4) Failure to surrender required
				  documents.
(5) Failure to maintain
				  adequate security.
(6) Refusing to
				  allow or failure to cooperate with inspections.
(7) Misrepresentation of information on
				  record or report.
(8) Unlawful
				  transfer or receipt of precursor chemical.
(9) Transfer of precursor substance for
				  unlawful manufacture.
(10) Unlawful
				  transfer or receipt of lab apparatus.
(11) Transfer of lab apparatus for unlawful
				  manufacture.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.23 - Notice and Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Hearings on
				  administrative penalties are governed by Subchapter H of the Act (§481.301
				  et seq.).
(b) The department may
				  rely on the mailing and electronic mail address and facsimile number currently
				  on file for all purposes relating to notification. The failure to maintain a
				  current mailing and electronic mail address and facsimile number with the
				  department is not a defense to any action based on the individual's failure to
				  respond. Service of notice is complete and receipt is presumed upon the date
				  the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail,
				  and 3 days following the date sent if by regular United States mail.
(c) Following adequate notice of a hearing on
				  a contested case before the State Office of Administrative Hearings (SOAH),
				  failure of the respondent to appear at the time of hearing shall entitle the
				  department to request from the administrative law judge an order dismissing the
				  case from the SOAH docket and to informally dispose of the case on a default
				  basis.
(d) In cases brought before
				  SOAH, in the event that the respondent is adjudicated to be in violation of the
				  Act or this chapter after a trial on the merits, the department has authority
				  to assess, in addition to the penalty imposed, the actual costs of the
				  administrative hearing. Such costs include, but are not limited to,
				  investigative costs, witness fees, deposition expenses, travel expenses of
				  witnesses, costs of adjudication before SOAH and any other costs that are
				  necessary for the preparation of the department's case including the costs of
				  any transcriptions of testimony.
(e) The costs of transcribing the testimony
				  and preparing the record for an appeal by judicial review shall be paid by the
				  respondent.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.24 - Additional or Exempted Chemical Precursor or Laboratory Apparatus

Current through Reg. 49, No. 28; July 12, 2024
(a) Under the authority of §481.077(b)
				  and §481.080(c) of the Act, the department has determined that the items
				  detailed in the section should be added to or exempted from the chemical
				  precursor or laboratory apparatus lists.
(b) Chemical precursor additions. The
				  department hereby names the following chemical substances as chemical
				  precursors subject to the Act, §481.077(b):
(1) Red phosphorus; and
(2) Hypophosphorous acid.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter B - PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA) › Section 13.25 - Immediate Chemical Precursor List

Current through Reg. 49, No. 28; July 12, 2024
The substances detailed in this section are designated as
					 being an immediate precursor as provided under the Act, §481.002(22):
(1) Benzaldehyde;
(2) Gamma-butyrolactone (other names include:
				  GBL; dihydro-2(3H)-furanone; 1,2-butanolide; 1,4-butanolide; 4-hydroxybutanoic
				  acid lactone; gamma-hydroxybutyric acid lactone);
(3) Isosafrole;
(4) 3,4-methylenedioxyphenyl-2-propanone;
(5) N-methylephedrine, its salts,
				  optical isomers, and salts of optical isomers;
(6) N-methylpseudoephedrine, its salts,
				  optical isomers, and salts of optical isomers;
(7) Piperonal;
(8) Safrole; and
(9) Lithium metal removed from a battery and
				  immersed in kerosene, mineral spirits, or similar liquid that prevents or
				  retards hydration.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter D - MISCELLANEOUS PROVISIONS › Section 13.51 - Ephedrine, Pseudoephedrine, and Norpseudoephedrine

Current through Reg. 49, No. 28; July 12, 2024
(a) A wholesale distributor who sells,
				  transfers, or otherwise furnishes a product containing ephedrine,
				  pseudoephedrine, or norpseudoephedrine to a retailer shall obtain before
				  delivering the product:
(1) The retailer's
				  business name, address, area code, and telephone number;
(2) The name of the person making the
				  purchase;
(3) The amount of the
				  product containing ephedrine, pseudoephedrine, or norpseudoephedrine ordered;
				  and
(4) Any other information
				  required by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.151 - Subchapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Abusable volatile
				  chemical --Has the meaning given that term by the Texas Health and Safety Code,
				  Chapter 485. In addition, abusable volatile chemicals also include any
				  derivative products, such as, glues, aerosol paint, aerosol adhesives, aerosol
				  spray air, and cement adhesives or any other product containing an abusable
				  volatile chemical.
(2) Excess
				  quantity--Unless otherwise modified under §
										13.157(d)
				  of this title (relating to SOP for Destruction By Laboratory or
				  Agency--Security Control), more than:
(A) one
				  kilogram of bulk dry evidence, such as powder;
(B) 500 milliliters of bulk liquid evidence,
				  such as a chemical precursor or liquid controlled substance;
(C) 200 dosage or abuse units of an item,
				  such as tablets, capsules, liquids, or other items so measured;
(D) 250 grams of bulk packaged
				  marihuana;
(E) five individual
				  controlled substance plants, such as marihuana or peyote; or
(F) five miscellaneous items of drug or
				  inhalant paraphernalia.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.152 - Summary Forfeiture

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. An
				  item may be forfeited to the state under this subchapter if:
(1) the lawful possession of the item cannot
				  be readily ascertained; and
(2) the
				  law enforcement agency or peace officer seizing the item makes every reasonable
				  effort to investigate lawful possession.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.153 - Item Legally Worthless as Criminal Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. This subchapter describes the
				  documentation and security provisions to use once the decision to destroy has
				  been made.
(b) Reasonable effort.
				  Before a laboratory, law enforcement agency, or peace officer destroys an item
				  under this subchapter, the director recommends but does not require a
				  responsible party to make a reasonable effort to ensure the item:
(1) has no continuing evidentiary value or
				  significance to any pending or contemplated criminal case; or
(2) is in excess quantity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.154 - Destruction Authority - Controlled Substance Property or Plant

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. Destruction with or without
				  court order. A laboratory, law enforcement agency, or peace officer may destroy
				  controlled substance property or a controlled substance plant covered by this
				  section:
(1) with a court order under the
				  authority of that order; or
(2)
				  without a court order under the authority of one of the summary destruction
				  provisions of the Act, Subchapter E.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.155 - Destruction Authority - Other Item

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Destruction with or without court order. A laboratory, law enforcement agency,
				  or peace officer may destroy certain miscellaneous items covered by this
				  section:
(1) with a court order under the
				  authority of that order; or
(2)
				  without a court order under the authority of one of the summary destruction
				  provisions of the Texas Health and Safety Code, Chapters 482 - 485.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.156 - Destruction Authority - Court Order

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Statutory authority. A court may issue an order of destruction for an item
				  that:
(1) is controlled substance property or
				  plant under the authority of the Act, §481.159; or
(2) was stolen or acquired in any other
				  manner that made the acquisition a penal offense under the authority of the
				  Texas Code of Criminal Procedure, Chapter 47.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.157 - SOP for Destruction by Laboratory or Agency - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a) SOP required. Before allowing anyone,
				  whether peace officer or civilian, to destroy an item under this subchapter, a
				  laboratory or law enforcement agency must adopt a written SOP for the
				  destruction of the kind of item sought to be destroyed.
(b) Compliance required. A laboratory or law
				  enforcement agency must require that each person engaged in destruction under
				  this subchapter must strictly follow each SOP. A written SOP may exceed a
				  minimum requirement contained within this subchapter.
(c) Generally. In order to minimize the
				  likelihood of pilferage or other unlawful diversion, an SOP must include
				  requirements that are reasonably likely to:
(1) uncover the occurrence of a discrepancy,
				  loss, theft, or other potential diversion; and
(2) identify and destroy the excess quantity
				  of an item, in order to reduce the size of an exhibit while preserving its
				  evidentiary value.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.158 - Manner of Destruction - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Destruction by anyone. A person may
				  accomplish routine destruction of an item under this subchapter by burning in a
				  suitable incinerator or by another method as long as the person performs the
				  destruction in:
(1) a safe and responsible
				  manner;
(2) compliance with all
				  relevant federal, state, and local laws; and
(3) compliance with all requirements of the
				  Texas Commission on Environmental Quality and the EPA.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.159 - Two-Witness Rule - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Destruction by anyone. A laboratory, law enforcement agency, or peace officer
				  may not destroy an item under this subchapter without at least two individuals
				  present to witness the actual destruction. One witness must be:
(1) a supervisor; or
(2) another individual expressly designated
				  by a supervisor to witness that specific destruction incident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.160 - Destruction Inventory - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After laboratory analysis. If destruction under this subchapter follows a
				  laboratory analysis process that has resulted in adequate repackaging and
				  sealing of an item, the director will deem a destruction inventory to be
				  sufficient if it consists of an inspection, accomplished without breaking the
				  seal, in order to:
(1) verify the nature,
				  kind, and quantity of the items sought to be destroyed as compared with the
				  original laboratory submission; and
(2) determine the status of the packaging and
				  seal integrity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.161 - Witness Responsibility - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. For purposes of
				  accountability, at least two of the witnesses to a destruction under this
				  subchapter must, during a process conducted immediately before the physical
				  destruction of an item:
(1) examine each item
				  in a manner sufficient to complete the destruction inventory required by this
				  subchapter;
(2) compare that
				  destruction inventory with each previous inventory of the item, including one
				  that may have been made as part of an evidence submission form, a laboratory
				  analysis, or as part of the destruction authorization;
(3) examine each package for the integrity or
				  breach of the package or seal;
(4)
				  refuse to destroy an item that reasonably appears to have been tampered with or
				  to be at variance with its purported count or weight; and
(5) ensure destruction of each item as soon
				  as reasonably possible.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.162 - Laboratory Retesting for Possible Tampering - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Suspicious incident. Unless there is an
				  obvious, reasonable explanation for the event in question, each witness to a
				  destruction under this subchapter is responsible for returning an item to a
				  laboratory for testing to detect a discrepancy, loss, theft, or other potential
				  diversion if:
(1) the count or weight of the
				  item is substantially incorrect;
(2) a package has been opened; or
(3) there is another suspicious incident or
				  probable breach of security.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.163 - Destruction Documentation - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Contemporaneous written statement. At or
				  immediately after the time of a destruction under this subchapter, one of the
				  witnesses to destruction must complete a written statement containing a
				  detailed description of the destruction of the item, including all the relevant
				  information required by this subchapter.
(b) Private contract. If a laboratory, law
				  enforcement agency, or peace officer contracts with a private entity to destroy
				  the item, the witnesses need not be present during the actual physical
				  destruction of each item by the private contractor. A written statement under
				  this subsection must document the status and handling of the item up to the
				  point the laboratory, agency, or officer turned it over to the private
				  contractor for destruction under the contract.
(c) Contents of statement. A statement may
				  incorporate other documents by reference and must contain:
(1) relevant seizure information, including
				  the seizing law enforcement agency or peace officer, the date and location of
				  seizure, and the authority for seizure;
(2) the destruction authority, including the
				  name, position, and reason given by the individual authorizing
				  destruction;
(3) the manner of
				  transportation to the destruction site, including the names of each individual
				  transporting an item;
(4) an
				  inventory of the items destroyed, including the nature, kind, and quantity of
				  the item;
(5) the witnesses,
				  including the name, title, agency, and signature of each witness;
(6) the date and location of
				  destruction;
(7) manner of
				  destruction; and
(8) each unusual
				  or suspicious event that occurred during the destruction incident.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.164 - Document Maintenance, Inspection, and Transmittal - Security Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. The laboratory, law
				  enforcement agency, or peace officer who destroys an item under this subchapter
				  must maintain the original destruction documents in a readily retrievable form
				  after the date of destruction.
(b)
				  Available to Director for inspection. The destroying laboratory, law
				  enforcement agency, or peace officer must make the original destruction
				  documents available for announced or unannounced inspection by the
				  director.
(c) Copy upon request. If
				  the director requests a copy of the destruction documentation, a laboratory,
				  law enforcement agency, or peace officer destroying an item subject to this
				  subchapter must provide the copy to the director within seven days.
(d) Destruction standard operating procedure
				  (SOP). A laboratory or law enforcement agency adopting a written destruction
				  SOP under this subchapter must:
(1) maintain
				  the original copy of the SOP;
(2)
				  make the original available for announced or unannounced inspection by the
				  director or a member of the department; and
(3) provide the copy to the director under
				  this section in the same manner as another destruction document.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 13 - CONTROLLED SUBSTANCES › Subchapter G - FORFEITURE AND DESTRUCTION › Section 13.165 - Communication with Director (Crime Lab Service)

Current through Reg. 49, No. 28; July 12, 2024
If a person is required or allowed by this subchapter to
					 make a notification, report, or other written, telephonic, or personal
					 communication to the director, the person must make the communication to the
					 director through the Crime Laboratory Service at the address indicated in
					 §
										28.7 of
					 this title (relating to Communications).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 14 - SCHOOL BUS SAFETY STANDARDS › Subchapter B - SCHOOL BUS DRIVER QUALIFICATIONS › Section 14.11 - School Bus Driver Employment Qualifications

Current through Reg. 49, No. 28; July 12, 2024
At a minimum, to become employed and maintain employment
					 status as a school bus driver, a person must meet the following
					 requirements:
(1) be at least 18 years
				  of age;
(2) possess a valid driver
				  license designating a class appropriate (with applicable endorsement, if
				  commercial driver license) for the gross vehicle weight rating and
				  manufacturer's designed passenger capacity of vehicle to be operated;
(3) meet the medical qualifications as
				  specified in §
										14.12 of
				  this title (relating to Medical Qualifications);
(4) maintain an acceptable driving record in
				  accordance with the minimum standards established under §
										14.14
				  of this title (relating to Minimum Driving Record Qualifications);
(5) maintain an acceptable criminal history
				  record, secured from any law enforcement agency or criminal justice agency, and
				  reviewed in accordance with the provisions of current state statute (see
				  Chapter 22 of the Texas Education Code); and
(6) possess a valid Texas School Bus Driver
				  Safety Training Certificate as specified in §
										14.35
				  of this title (relating to School Bus Driver Certification) or a valid
				  Enrollment Certificate as specified in §
										14.36 of
				  this title (relating to Enrollment Certificate).