Senate Bill No. 1869 proposes amendments to the Health and Safety Code regarding the procedures for modifying the schedules of controlled substances. Key changes include the requirement for the commissioner to establish schedules at least annually, which will now include a complete list of controlled substances and any modifications made at the federal level. The bill introduces new subsections that clarify the finality of the commissioner's decisions regarding schedule modifications unless altered by the legislature. Additionally, it specifies that the commissioner must hold public hearings and obtain executive approval for alterations, while also detailing the factors the commissioner must consider when making determinations about substances.

The bill also establishes that the commissioner's actions regarding scheduling are not subject to judicial review, emphasizing the authority granted to the commissioner to manage these schedules for public health and safety. It includes provisions for the recovery of court costs and attorney's fees in cases where claims are dismissed or the state prevails. Furthermore, it repeals a previous section of the Health and Safety Code and clarifies that actions taken under this bill are not considered rules under the Government Code. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

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)