The Texas Department of Public Safety proposes new Chapter 13, Subchapters A-M, §§13.1-13.11, 13.21-13.33, 13.41-13.58, 13.71-13.86, 13.101-13.115, 13.131-13.137, 13.151-13.165, 13.181-13.187, 13.201-13.209, 13.221-13.224, 13.231-13.237, 13.251-13.254, and 13.271-13.278, concerning Controlled Substances. These new sections are proposed simultaneously with the repeal of current Chapter 13, Subchapters A-H, §§13.1, 13.2, 13.11-13.29, 13.41-13.47, 13.61-13.67, 13.81-13.87, 13.101-13.113, 13.131-13.149, and 13.161-13.174.

The drug rules as they exist were written in the 1970's and have been amended many times since, usually issue by issue. Since that time there have been many changes to related federal law, federal rules, and Texas law, including House Bill 1070, 75th Texas Legislature, 1997. Amendments to these rules are necessary to integrate those changes.

The previous Chapter 13 is proposed to be repealed in its entirety and to be replaced (in its entirety) with a new Chapter 13. The new Chapter 13 is organized to simplify and shorten it and place its material in a more logical order. Changes include standardization of descriptions of time periods and adoption of federal regulations and other state rules by cross reference. Using this technique, the person (physician, pharmacist, chemical distributor) will only have to comply with one set of rules regarding any issue, for example, record keeping and security.

Subchapter A: General Provisions. This subchapter collects all of the definitions of general relevance to the entire chapter as a drafting convenience. It contains several miscellaneous provisions, including cross-references to other state or other federal laws, rules or regulations, alternative schedule nomenclature, the forms for transmitting or communicating information and the telephone numbers and addresses of the various Department of Public Safety (DPS) units involved in the administration of this chapter.

Subchapter B: Registration. This subchapter clarifies the activities and the schedules for which controlled substance registration must be obtained. It reorganizes Subchapter B in the old Chapter 13 and repeats much of it without substantive change. The new subchapter explains in more detail the status of "expiration" versus "termination" of a registration.

Subchapter C: Peyote. This subchapter collects issues from subchapters throughout old Chapter 13, primarily in Subchapter E, and repeats them without substantive change. There is a new §13.47 governing the possession and display of identification and access information, when a person is hunting, harvesting, cutting, collecting, transporting, or in possession of peyote. Also, there is a new §13.48 governing source information describing where the peyote came from.

Subchapter D: Official Prescriptions. This subchapter repeats much of the old Subchapter F, and parts of the old Subchapters C and D, regarding triplicate prescriptions without substantive change except to track the statutory change from the "Triplicate Prescription Program" to the "Official Prescription Program." There are new provisions governing electronic and non-electronic reporting and the deletion or return of a particular Schedule II substance with regard to the Official Prescription Program.

Subchapter E: Precursors And Apparatus. This subchapter repeats much of the old Subchapter G regarding precursors and apparatus without substantive change. §13.115 adds red phosphorus and hypophosphoric acid to the list of chemical precursors regulated under the section. This addition is based on the fact that these chemicals do jeopardize public health and welfare, and that they are proliferating and being used in clandestine laboratories in the illicit manufacture of controlled substances, particularly methamphetamine.

Subchapter F: Applications. This subchapter collects many of the provisions regarding applications that were contained in various subchapters, primarily B (Controlled Substances Registrations), E (Peyote Distributors) and G (Precursor Permits) in the old rules and repeats them without substantive change. This subchapter does clarify that incomplete, insufficient, or otherwise less than fully effective signatures may be rejected on an application.

Subchapter G: Forfeiture And Destruction. This subchapter repeats much of the old Subchapter E regarding forfeiture and destruction without substantive change.

Subchapter H: Security. This subchapter collects many of the assorted security provisions that were found throughout the old Chapter 13, primarily Subchapter C, and repeats them without substantive change.

Subchapter I: Record Keeping. This subchapter collects many of the assorted record keeping provisions that were found throughout the old Chapter 13 and repeats them without substantive change.

Subchapter J: Inventory. This subchapter collects many of the assorted inventory provisions that were found throughout the old Chapter 13, primarily Subchapters D (Record Keeping), E (Peyote) and G (Precursor and Laboratory Apparatus), and repeats them without substantive change.

Subchapter K: Inspection. This subchapter collects many of the assorted inspection provisions that were found throughout the old Chapter 13 and repeats them without substantive change.

Subchapter L: Reporting Discrepancy, Loss, Theft or Diversion. This subchapter collects many of the assorted reporting discrepancy, loss, theft and diversion provisions that were found throughout the old Chapter 13 and repeats them without substantive change.

Subchapter M: Denial, Revocation And Related Disciplinary Action. This subchapter collects many of the assorted denial, revocation, and related disciplinary action provisions that were found throughout the old Chapter 13 and repeats them without substantive change. This subchapter clarifies the applicability of the APA (The Administrative Procedure Act, Texas Government Code, Chapter 2001) to certain disciplinary action proceedings and not to others. The subchapter governs the denial, revocation, suspension, probation, reprimand, voluntary surrender, or cancellation of a controlled substance registration or a chemical precursor and apparatus permit.

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 public benefit anticipated as a result of enforcing the rules will be to provide improved reorganization of the Controlled Substances and Precursor/Apparatus Rules and Regulations sections that will create an easier access of certain sections that are needed for reference or referral of specific subjects. There is no anticipated adverse economic effect on individuals, small businesses or micro-businesses.

Comments on the proposal may be submitted to David Boatright, Attorney - Criminal Law Enforcement Division, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0400, (512) 424-2646.

Subchapter A. GENERAL PROVISIONS