Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 13.
CONTROLLED SUBSTANCES
Subchapter E. PRECURSORS AND APPARATUS
37 TAC §13.101, §13.116
The Texas Department of Public Safety proposes amendments
to §13.101 and new §13.116, concerning Precursors and Apparatus.
Amendment to §13.101 paragraph (12) is necessary in order to clarify
the use of the terms "precursor" and "chemical precursor." The addition of
new paragraph (15) to §13.101 is necessary in order to explain that the
term "immediate precursor" as used in the subchapter means a chemical substance
item as listed in new §13.116 of this title (relating to Immediate Precursor
List).
New §13.116 is necessary because the 78th Texas Legislature (2003)
amended the Health and Safety Code, §481.002(22) to authorize the director
of the Texas Department of Public Safety to establish an "immediate precursor"
list. Previously, this function was held by the Commissioner of Health. New §13.116
identifies the substances that are designated by the director to be "immediate
precursors."
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the anticipated public benefit resulting from
adoption of the sections will be notice to the public of those chemical substances
which meet the scientific definition of precursor drug. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to William Ginn, Jr., Manager,
Headquarters Laboratory, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0460, (512) 424-7151.
The amendments and new section are proposed pursuant to the Health
and Safety Code, Chapter 481, including §481.003, which authorizes the
director to adopt rules to administer the chapter, and §481.002(22) which
authorizes the director to designate a substance to be an immediate precursor
by rule.
Health and Safety Code, Chapter 481, §481.003 and §481.002 are
affected by this proposal.
§13.101.Subchapter Definitions.
The following words and terms, when used in this subchapter, have the
following meanings, unless the context clearly indicates otherwise.
(1) - (11)
(No change.)
(12)
Precursor
or chemical precursor
--A chemical
substance item covered by this subchapter and commonly used in the illicit
manufacture of a controlled substance or a controlled substance analogue.
[
(A)
The term includes:
[
(i)
a chemical precursor listed
under the Act, §481.002(51); and
(ii)
any additional items expressly
named to the list in §13.115 of this title (relating to Additions or
Deletions) after being determined by the director to jeopardize public health
and welfare by evidenced proliferation or use in clandestine laboratories
or other illicit manufacturer of a controlled substance or controlled substance
analogue.
(B)
The term does not include:
[
(i)
any item
expressly deleted from the list of precursors
in §13.115 of this title (relating to Additions and Deletions) after
being determined by the director to no longer jeopardize public health and
welfare by evidenced proliferation or use in clandestine laboratories or other
illicit manufacturer of a controlled substance or controlled substance analogue;
or
[
(ii)
an immediate precursor under §13.116 of this
title (relating to Immediate Precursor List
[
(13) - (14)
(No change.)
(15)
Immediate precursor--A chemical
substance item listed in §13.116 of this title (relating to Immediate
Precursor List).
§13.116.Immediate Precursor List.
The following substances 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-2propanone;
(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; and
(8)
Safrole.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 3, 2004.
TRD-200402960
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 13, 2004
For further information, please call: (512) 424-2135
Chapter 87.
TREATMENT
Subchapter A. PROGRAM PLANNING
37 TAC §87.15
The Texas Youth Commission (TYC) proposes an amendment to §87.15,
concerning Title IV-E Foster Care Youth. The amendment to the section will
reflect new agency name of the Texas Department of Family and Protective Services.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be the availability of accurate and current
policy. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§87.15.Title IV-E Foster Care Youth.
(a)
Texas Youth Commission (TYC) staff shall ensure that the
agency participates in the Federal Title IV-E foster care funding program
in compliance with all federal and state regulations set by the
Texas
Department of Family and Protective Services (DFPS)
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 29, 2004.
TRD-200402866
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 13, 2004
For further information, please call: (512) 424-6014
Subchapter C. MISCELLANEOUS
The term:
]
does not include any
item expressly deleted from the list of precursors in §13.115 of this
title (relating to Additions or Deletions) after being determined by the director
to no longer jeopardize public health and welfare by evidenced proliferation
or use in clandestine laboratories or other illicit manufacturer of a controlled
substance or controlled substance analogue; and
]
includes, except
as provided by subparagraph (A) of this paragraph:
]
listed under the Act, §481.077(a); and
]
any additional items
expressly named to the list in §13.115 of this title (relating to Additions
or Deletions) after being determined by the director to jeopardize public
health and welfare by evidenced proliferation or use in clandestine laboratories
or other illicit manufacturer of a controlled substance or controlled substance
analogue
].
Part 3.
TEXAS YOUTH COMMISSION
Texas Department
of Protective and Regulatory Services
], the agency administering the
program.
Chapter 99.
GENERAL PROVISIONS