85R12319 GCB-F     By: Taylor of Collin S.B. No. 2232       A BILL TO BE ENTITLED   AN ACT   relating to the emergency scheduling of certain controlled   substances for the purpose of the prosecution and punishment of   certain offenses under the Texas Controlled Substances Act;   expanding the application of certain criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 481.0355, Health and   Safety Code, is amended to read as follows:          Sec. 481.0355.  EMERGENCY SCHEDULING; LEGISLATIVE REPORT.          SECTION 2.  Section 481.0355, Health and Safety Code, is   amended by amending Subsections (c), (d), (f), and (g) and adding   Subsections (f-1) and (h) to read as follows:          (c)  Before emergency scheduling a substance as a controlled   substance under this section, the commissioner shall consult with   the Department of Public Safety [regarding the chemical structure   of compounds contained in that substance,] and may emergency   schedule the substance only in accordance with any recommendations   provided by the department.          (d)  In determining whether a substance poses an imminent   hazard to the public safety, the commissioner shall consider[, in   addition to the factors provided by Section 481.034(d)]:                (1)  the scope, duration, [and] symptoms, or   significance of abuse;                (2)  the degree of detriment that abuse of the   substance may cause;                (3)  whether the substance has been temporarily   scheduled under federal law; and                (4)  whether the substance has been temporarily or   permanently scheduled under the law of another state.          (f)  Except as otherwise provided by Subsection (f-1), an    [An] emergency scheduling under this section expires on September 1   of each odd-numbered year for any scheduling that occurs before   January 1 of that year.          (f-1)  The commissioner may extend the emergency scheduling   of a substance under this section not more than once and for a   period not to exceed one year by publishing the extension in the   Texas Register. If the commissioner extends the emergency   scheduling of a substance, an emergency exists for purposes of   Section 481.036(c) and the action takes effect on the date the   extension is published in the Texas Register.          (g)  The commissioner shall post notice about each emergency   scheduling of a substance or each extension of an emergency   scheduling of a substance under this section on the Internet   website of the Department of State Health Services.          (h)  Not later than December 1 of each even-numbered year,   the commissioner shall submit a report about each emergency   scheduling action taken under this section during the preceding   two-year period to the governor, the lieutenant governor, the   speaker of the house of representatives, and each legislative   standing committee with primary jurisdiction over the department   and each legislative standing committee with primary jurisdiction   over criminal justice matters.          SECTION 3.  (a)  Sections 481.0355(c) and (d), Health and   Safety Code, as amended by this Act, apply only to a controlled   substance emergency scheduled under that section on or after the   effective date of this Act.          (b)  Section 481.0355(f-1), Health and Safety Code, as added   by this Act, applies to an extension that occurs on or after the   effective date of this Act, regardless of whether the controlled   substance was emergency scheduled under Section 481.0355, Health   and Safety Code, before, on, or after that date.          SECTION 4.  This Act takes effect September 1, 2017.