Office of House Bill AnalysisC.S.H.B. 1707
By: Keel
Criminal Jurisprudence
Committee Report (Substituted)


Federal law has reclassified certain controlled substances and classified
new controlled substances in the federal penalty groups.  As a result,
changes in the Texas Controlled Substances Act are necessary if state law
is to be consistent with federal law.  C.S.H.B. 1707 modifies and adds to
the controlled substance penalty groups, includes officials of political
subdivisions of this and other states among those officials who may possess
controlled substances, imposes criminal penalties for crimes related to
prescription forgery, and restricts accessibility to certain information.   


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


C.S.H.B. 1707 amends the Health and Safety Code to specify that "marihuana"
does not include sterilized seeds of the plant that are incapable of
beginning germination (Sec. 481.002).  The bill removes Schedule IA from
the list of schedules of controlled substances required to be established
by the commissioner of public health (commissioner) (Sec. 481.032).   

The bill provides that an officer or employee of a political subdivision of
this state or another state who is lawfully engaged in enforcing a law
relating to a controlled substance or drug or to a customs law and
authorized to possess the controlled substance in the discharge of the
person's official duties is not required to register with the director of
the Department of Public Safety (director) (Sec. 481.062).  The bill
provides that the Administrative Procedure Act does not apply to a
registration denied, canceled, suspended, probated, or revoked because the
applicant was convicted of or placed on community supervision or other
probation for a felony, or a violation of the Texas Controlled Substances
Act, simulated controlled substances, dangerous drugs, volatile chemicals,
or abusable glues and aerosol paints; has had a registration or
practitioner's license suspended, probated, or revoked; or has voluntarily
surrendered a registration that has not been reinstated (Secs.  481.063 and
481.066).  The bill clarifies that a controlled substance registration fee
is a nonrefundable processing fee (Sec. 481.064).    

The bill provides that a person who is registered to manufacture,
distribute, analyze, or dispense a controlled substance and who is required
to keep a record in compliance with federal law must make the record at the
time of the transaction that is the basis of the record (Sec. 481.067).
The bill provides that a pharmacy filling a Schedule II controlled
substance prescription issued by an out of state practitioner who meets
certain conditions is an exception to the prohibition of a person from
dispensing or administering a Schedule II controlled substance without the
written prescription of a practitioner on an official prescription program
form.  The bill extends the time, from 72 hours to not later than the
seventh day, by which the prescribing practitioner who orally or
telephonically communicated an emergency prescription is required to
deliver a written prescription to the dispensing pharmacist where the
prescription was dispensed.  The bill also extends the time, from 30 days
to 60 days after the issue date, for which a Schedule II prescription for a
patient in a long- term care facility or with a documented terminal illness
is valid (Sec. 481.074).   
The bill provides that each official prescription form used to prescribe a
Schedule II controlled substance must contain the practitioner's
registration number issued by the Department of Public Safety.  The bill
requires a dispensing pharmacist to send information required by the
director not later than the 15th day after the last day of the month in
which the prescription is completely filled rather than the 30th day after
the date the prescription is filled or after the completion of a
prescription.  The bill removes the provision permitting a dispensing
pharmacist to send information required by the director by a universal
claim form customarily used by pharmaceutical service providers (Sec.

The bill includes Remifentanil as an opiate in Penalty Group 1; Ketamine as
a hallucinogenic in Penalty Group 2;  Zaleplon, Sibutramine, and Modafinil
in Penalty Group 3; and Butorphanol in Penalty Group 4 (Sec.

The bill removes the provision providing that a person commits a second
degree felony if the person knowingly delivers a Penalty Group 1, 1-A, 2,
or 3 controlled substance or marihuana and the person delivers the
controlled substance or marihuana to a person who the actor knows or
believes intends to deliver the controlled substance or marihuana to a
person 17 years of age or younger.  The bill provides that it is an
affirmative defense to prosecution under delivery of a controlled substance
or marihuana to a child that the actor was younger than 21 years of age,
delivered only marihuana in an amount equal to or less than, rather than
only less than, one-fourth of an ounce, and did not receive remuneration
for the delivery (Sec. 481.122). 

The bill removes the qualification that a person must knowingly or
intentionally commit the first degree felony of expending funds the person
knows are derived from or finances or invests funds the person knows or
believes are intended to further the commission of an offense punishable by
life imprisonment under the Texas Controlled Substances Act (Sec. 481.126).
The bill provides that a person commits an offense if the person knowingly
issues a prescription bearing a forged or fictitious signature or obtains
or attempts to obtain a controlled substance or an increased quantity of a
controlled substance by certain means (Sec. 481.129).   
C.S.H.B.1707 amends the Government Code to provide that information is
excepted from the requirements of availability of public information if it
is information collected under the official prescription program (Sec.


September 1, 2001.


C.S.H.B. 1707 modifies the original by removing the section that repealed
provisions regarding multiple prosecutions.