Senate Bill No. 1869 amends the Health and Safety Code regarding the procedures for modifying the schedules of controlled substances in Texas. The bill mandates that the commissioner establish the schedules at least annually, including a complete list of controlled substances and any modifications from federal schedules. It introduces new provisions that require the commissioner to hold public hearings and obtain executive approval for alterations to the schedules, while also clarifying that the commissioner's decisions are final unless altered by the legislature. Additionally, the bill specifies that the commissioner must consider various factors when determining the scheduling of substances and outlines the process for handling federal designations of controlled substances.
The bill also establishes that the commissioner has broad authority to manage the schedules and may adopt rules and guidelines for their administration. It explicitly states that actions taken by the commissioner under this subchapter are not subject to judicial review, reinforcing the finality of the commissioner's decisions. Furthermore, it repeals a previous provision in the Health and Safety Code and clarifies that the chapter does not apply to actions taken by certain state agencies regarding controlled substances. The bill is designed to enhance the efficiency and clarity of the scheduling process while ensuring public health and safety.
Statutes affected: Introduced: Health and Safety Code 481.034 (Health and Safety Code 481)
Senate Committee Report: Health and Safety Code 481.034 (Health and Safety Code 481)
Engrossed: Health and Safety Code 481.034 (Health and Safety Code 481)