relating to the designation of fentanyl poisoning or fentanyl
toxicity for purposes of the death certificate and to the criminal
penalties for certain controlled substance offenses; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 193.005, Health and Safety Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1)The medical certification on a death certificate must
include either the term "Fentanyl Poisoning" or the term "Fentanyl
Toxicity" if:
(1)a toxicology examination reveals a controlled
substance listed in Penalty Group 1-B present in the body of the
decedent in an amount or concentration that is considered to be
lethal by generally accepted scientific standards; and
(2)the results of an autopsy performed on the
decedent are consistent with an opioid overdose as the cause of
death.
SECTION 2. Section 481.102, Health and Safety Code, is
amended to read as follows:
Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists
of:
(1) the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted, if the existence of these isomers,
esters, ethers, and salts is possible within the specific chemical
designation:
[Alfentanil;]
Allylprodine;
Alphacetylmethadol;
Benzethidine;
Betaprodine;
Clonitazene;
Diampromide;
Diethylthiambutene;
Difenoxin not listed in Penalty Group 3 or 4;
Dimenoxadol;
Dimethylthiambutene;
Dioxaphetyl butyrate;
Dipipanone;
Ethylmethylthiambutene;
Etonitazene;
Etoxeridine;
Furethidine;
Hydroxypethidine;
Ketobemidone;
Levophenacylmorphan;
Meprodine;
Methadol;
Moramide;
Morpheridine;
Noracymethadol;
Norlevorphanol;
Normethadone;
Norpipanone;
Phenadoxone;
Phenampromide;
Phenomorphan;
Phenoperidine;
Piritramide;
Proheptazine;
Properidine;
Propiram;
[Sufentanil;]
Tilidine; and
Trimeperidine;
(2) the following opium derivatives, their salts,
Statutes affected: Introduced: Health and Safety Code 481.112, Health and Safety Code 481.1121, Health and Safety Code 481.1123, Health and Safety Code 481.113, Health and Safety Code 481.114, Health and Safety Code 481.115, Health and Safety Code 481.1151, Health and Safety Code 481.116, Health and Safety Code 481.1161, Health and Safety Code 481.117, Health and Safety Code 481.118, Health and Safety Code 481.120, Health and Safety Code 481.121, Health and Safety Code 481.126, Penal Code 71.02 (Health and Safety Code 481, Penal Code 71) House Committee Report: Health and Safety Code 193.005, Health and Safety Code 481.102, Health and Safety Code 481.1022, Health and Safety Code 481.112, Health and Safety Code 481.1121, Health and Safety Code 481.1123, Health and Safety Code 481.113, Health and Safety Code 481.114, Health and Safety Code 481.115, Health and Safety Code 481.1151, Health and Safety Code 481.116, Health and Safety Code 481.1161, Health and Safety Code 481.117, Health and Safety Code 481.118, Health and Safety Code 481.120, Health and Safety Code 481.121, Health and Safety Code 481.126, Health and Safety Code 481.141, Penal Code 19.02, Penal Code 19.04, Penal Code 19.05, Penal Code 71.02 (Health and Safety Code 481, Penal Code 71, Health and Safety Code 193, Penal Code 19) Engrossed: Health and Safety Code 193.005, Health and Safety Code 481.102, Health and Safety Code 481.1022, Health and Safety Code 481.112, Health and Safety Code 481.1121, Health and Safety Code 481.1123, Health and Safety Code 481.113, Health and Safety Code 481.114, Health and Safety Code 481.115, Health and Safety Code 481.1151, Health and Safety Code 481.116, Health and Safety Code 481.1161, Health and Safety Code 481.117, Health and Safety Code 481.118, Health and Safety Code 481.120, Health and Safety Code 481.121, Health and Safety Code 481.126, Health and Safety Code 481.141, Penal Code 19.02, Penal Code 19.04, Penal Code 19.05, Penal Code 71.02 (Heal