83R11924 DDT-D
	By: Williams	S.B. No. 1645

	A BILL TO BE ENTITLED
	AN ACT
	relating to the addition of certain substances to Penalty Group 3 of
	the Texas Controlled Substances Act; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 481.104(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Penalty Group 3 consists of:
	(1)  a material, compound, mixture, or preparation that
	contains any quantity of the following substances having a
	potential for abuse associated with a stimulant effect on the
	central nervous system:
	Methylphenidate and its salts; and
	Phenmetrazine and its salts;
	(2)  a material, compound, mixture, or preparation that
	contains any quantity of the following substances having a
	potential for abuse associated with a depressant effect on the
	central nervous system:
	a substance that contains any quantity of a
	derivative of barbituric acid, or any salt of a derivative of
	barbituric acid not otherwise described by this subsection;
	a compound, mixture, or preparation containing
	amobarbital, secobarbital, pentobarbital, or any salt of any of
	these, and one or more active medicinal ingredients that are not
	listed in any penalty group;
	a suppository dosage form containing amobarbital,
	secobarbital, pentobarbital, or any salt of any of these drugs, and
	approved by the United States Food and Drug Administration for
	marketing only as a suppository;
	Alprazolam;
	Amobarbital;
	Bromazepam;
	Camazepam;
	Carisoprodol;
	Chlordiazepoxide;
	Chlorhexadol;
	Clobazam;
	Clonazepam;
	Clorazepate;
	Clotiazepam;
	Cloxazolam;
	Delorazepam;
	Diazepam;
	Estazolam;
	Ethyl loflazepate;
	Etizolam;
	Fludiazepam;
	Flurazepam;
	Glutethimide;
	Halazepam;
	Haloxzolam;
	Ketazolam;
	Loprazolam;
	Lorazepam;
	Lormetazepam;
	Lysergic acid, including its salts, isomers, and
	salts of isomers;
	Lysergic acid amide, including its salts,
	isomers, and salts of isomers;
	Mebutamate;
	Medazepam;
	Methyprylon;
	Midazolam;
	Nimetazepam;
	Nitrazepam;
	Nordiazepam;
	Oxazepam;
	Oxazolam;
	Pentazocine, its salts, derivatives, or compounds
	or mixtures thereof;
	Pentobarbital;
	Phenazepam;
	Pinazepam;
	Prazepam;
	Quazepam;
	Secobarbital;
	Sulfondiethylmethane;
	Sulfonethylmethane;
	Sulfonmethane;
	Temazepam;
	Tetrazepam;
	Tiletamine and zolazepam in combination, and its
	salts.  (some trade or other names for a tiletamine-zolazepam
	combination product:  Telazol, for tiletamine:  2-(ethylamino)-
	2-(2-thienyl)-cyclohexanone, and for zolazepam:  4-(2-
	fluorophenyl)-6, 8-dihydro-1,3,8,-trimethylpyrazolo-[3,4-
	e](1,4)-d diazepin-7(1H)-one, flupyrazapon);
	Triazolam;
	Zaleplon;
	Zolpidem; and
	Zopiclone;
	(3)  Nalorphine;
	(4)  a material, compound, mixture, or preparation
	containing limited quantities of the following narcotic drugs, or
	any of their salts:
	not more than 1.8 grams of codeine, or any of its
	salts, per 100 milliliters or not more than 90 milligrams per dosage
	unit, with an equal or greater quantity of an isoquinoline alkaloid
	of opium;
	not more than 1.8 grams of codeine, or any of its
	salts, per 100 milliliters or not more than 90 milligrams per dosage
	unit, with one or more active, nonnarcotic ingredients in
	recognized therapeutic amounts;
	not more than 300 milligrams of dihydrocodeinone
	(hydrocodone), or any of its salts, per 100 milliliters or not more
	than 15 milligrams per dosage unit, with a fourfold or greater
	quantity of an isoquinoline alkaloid of opium;
	not more than 300 milligrams of dihydrocodeinone
	(hydrocodone), or any of its salts, per 100 milliliters or not more
	than 15 milligrams per dosage unit, with one or more active,
	nonnarcotic ingredients in recognized therapeutic amounts;
	not more than 1.8 grams of dihydrocodeine, or any
	of its salts, per 100 milliliters or not more than 90 milligrams per
	dosage unit, with one or more active, nonnarcotic ingredients in
	recognized therapeutic amounts;
	not more than 300 milligrams of ethylmorphine, or
	any of its salts, per 100 milliliters or not more than 15 milligrams
	per dosage unit, with one or more active, nonnarcotic ingredients
	in recognized therapeutic amounts;
	not more than 500 milligrams of opium per 100
	milliliters or per 100 grams, or not more than 25 milligrams per
	dosage unit, with one or more active, nonnarcotic ingredients in
	recognized therapeutic amounts;
	not more than 50 milligrams of morphine, or any of
	its salts, per 100 milliliters or per 100 grams with one or more
	active, nonnarcotic ingredients in recognized therapeutic amounts;
	and
	not more than 1 milligram of difenoxin and not
	less than 25 micrograms of atropine sulfate per dosage unit;
	(5)  a material, compound, mixture, or preparation that
	contains any quantity of the following substances:
	Barbital;
	Chloral betaine;
	Chloral hydrate;
	Ethchlorvynol;
	Ethinamate;
	Meprobamate;
	Methohexital;
	Methylphenobarbital (Mephobarbital);
	Paraldehyde;
	Petrichloral; and
	Phenobarbital;
	(6)  Peyote, unless unharvested and growing in its
	natural state, meaning all parts of the plant classified
	botanically as Lophophora, whether growing or not, the seeds of the
	plant, an extract from a part of the plant, and every compound,
	manufacture, salt, derivative, mixture, or preparation of the
	plant, its seeds, or extracts;
	(7)  unless listed in another penalty group, a
	material, compound, mixture, or preparation that contains any
	quantity of the following substances having a stimulant effect on
	the central nervous system, including the substance's salts,
	optical, position, or geometric isomers, and salts of the
	substance's isomers, if the existence of the salts, isomers, and
	salts of isomers is possible within the specific chemical
	designation:
	Benzphetamine;
	Cathine [(+)-norpseudoephedrine];
	Chlorphentermine;
	Clortermine;
	Diethylpropion;
	Fencamfamin;
	Fenfluramine;
	Fenproporex;
	Mazindol;
	Mefenorex;
	Modafinil;
	Pemoline (including organometallic complexes and
	their chelates);
	Phendimetrazine;
	Phentermine;
	Pipradrol;
	Sibutramine; and
	SPA [(-)-1-dimethylamino-1,2-diphenylethane];
	(8)  unless specifically excepted or unless listed in
	another penalty group, a material, compound, mixture, or
	preparation that contains any quantity of the following substance,
	including its salts:
	Dextropropoxyphene (Alpha-(+)-4-dimethylamino-
	1,2-diphenyl-3-methyl-2-propionoxybutane); and
	(9)  an anabolic steroid, including any drug or
	hormonal substance, or any substance that is chemically or
	pharmacologically related to testosterone, other than an estrogen,
	progestin, dehydroepiandrosterone, or corticosteroid, and promotes
	muscle growth, including the following drugs and substances and any
	salt, ester, or ether of the following drugs and substances:
	Androstanediol;
	Androstanedione;
	Androstenediol;
	Androstenedione;
	Bolasterone;
	Boldenone;
	Calusterone;
	Clostebol;
	Dehydrochlormethyltestosterone;
	Delta-1-dihydrotestosterone;
	Dihydrotestosterone (4-dihydrotestosterone);
	Drostanolone;
	Ethylestrenol;
	Fluoxymesterone;
	Formebulone;
	Furazabol;
	13beta-ethyl-17beta-hydroxygon-4-en-3-one;
	4-hydroxytestosterone;
	4-hydroxy-19-nortestosterone;
	Mestanolone;
	Mesterolone;
	Methandienone;
	Methandriol;
	Methenolone;
	17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha-
	androstane;
	17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha-
	androstane;
	17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-
	ene;
	17alpha-methyl-4-hydroxynandrolone;
	Methyldienolone;
	Methyltestosterone;
	Methyltrienolone;
	17alpha-methyl-delta-1-dihydrotestosterone;
	Mibolerone;
	Nandrolone;
	Norandrostenediol;
	Norandrostenedione;
	Norbolethone;
	Norclostebol;
	Norethandrolone;
	Normethandrolone;
	Oxandrolone;
	Oxymesterone;
	Oxymetholone;
	Stanozolol;
	Stenbolone;
	Testolactone;
	Testosterone;
	Tetrahydrogestrinone; and
	Trenbolone.
	SECTION 2.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 3.  This Act takes effect September 1, 2013.