TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

Chapter 13. CONTROLLED SUBSTANCES

Subchapter C. PEYOTE

37 TAC §§13.41, 13.42, 13.44, 13.45, 13.47, 13.48, 13.50, 13.52, 13.54, 13.58

The Texas Department of Public Safety adopts amendments to §§13.41, 13.42, 13.44, 13.45, 13.47, 13.48, 13.50, 13.52, 13.54, and 13.58, concerning Controlled Substances, without changes to the proposed text as published in the March 22, 2002, issue of the Texas Register (27 TexReg 2202).

The amendments are necessary to clarify the definition of an Indian to conform to requirements the Federal American Indian Religious Freedom Act (AIRFA) places upon Texas; to clarify the identification requirements for individuals purchasing peyote; and to revise or eliminate requirements for documentation of the source of peyote.

No comments were received regarding adoption of the amendments.

The amendments are proposed pursuant to Texas Government Code, §411.006(4), which provides that the director of the department shall adopt rules, subject to commission approval, considered necessary for the control of the department; and Health and Safety Code, §481.003(a), which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 14, 2002.

TRD-200202985

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: June 3, 2002

Proposal publication date: March 22, 2002

For further information, please call: (512) 424-2135


Subchapter M. DENIAL, REVOCATION AND RELATED DISCIPLINARY ACTION

37 TAC §13.273, §13.276

The Texas Department of Public Safety adopts amendments to §13.273 and §13.276, concerning Controlled Substances - Denial, Revocation, and Related Disciplinary Action, without changes to the proposed text as published in the March 22, 2002, issue of the Texas Register (27 TexReg 2204).

Amendment to §13.273 clarifies grounds for denial and corrects cross-reference that was in error. Amendment to §13.276 also corrects cross-reference that was in error due to renumbering of a previous version of the rules.

No comments were received regarding adoption of the amendments.

The amendments are adopted pursuant to Texas Government Code, §411.006(4), which provides that the director of the department shall adopt rules, subject to commission approval, considered necessary for the control of the department; and Health and Safety Code, §481.003(a), which authorizes the director to adopt rules to administer and enforce the Texas Controlled Substances Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 14, 2002.

TRD-200202984

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: June 3, 2002

Proposal publication date: March 22, 2002

For further information, please call: (512) 424-2135