Relating to the scheduling of certain controlled substances in response to certain actions by the United States Food and Drug Administration with respect to those substances.

89(R) HB 4813 - Engrossed version - Bill Text

89R25398 LHC-D

By: Oliverson, Garcia of Bexar, et al.

H.B. No. 4813

A BILL TO BE ENTITLED

AN ACT

relating to the scheduling of certain controlled substances in

response to certain actions by the United States Food and Drug

Administration with respect to those substances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 481.034, Health and Safety Code, is

amended by amending Subsections (a), (b), and (g) and adding

Subsection (g-1) to read as follows:

(a) The commissioner shall annually establish the schedules

of controlled substances. These annual schedules shall include the

complete list of all controlled substances from the previous

schedules and modifications in the federal schedules of controlled

substances as required by Subsection (g)
or (g-1)
. Any further

additions to and deletions from these schedules, any rescheduling

of substances
,
and any other modifications made by the commissioner

to these schedules of controlled substances shall be made:

(1) in accordance with Section 481.035;

(2) in a manner consistent with this subchapter; and

(3) with approval of the executive commissioner.

(b) Except for alterations in schedules required by

Subsection (g)
or (g-1)
, the commissioner may not make an

alteration in a schedule unless the commissioner holds a public

hearing on the matter in Austin and obtains approval from the

executive commissioner.

(g) Except as otherwise provided by this subsection
or

Subsection (g-1)
, if a substance is designated, rescheduled, or

deleted as a controlled substance under federal law and notice of

that fact is given to the commissioner, the commissioner similarly

shall control the substance under this chapter. After the

expiration of a 30-day period beginning on the day after the date of

publication in the Federal Register of a final order designating a

substance as a controlled substance or rescheduling or deleting a

substance, the commissioner similarly shall designate, reschedule,

or delete the substance, unless the commissioner objects during the

period. If the commissioner objects, the commissioner shall

publish the reasons for the objection and give all interested

parties an opportunity to be heard. At the conclusion of the

hearing, the commissioner shall publish a decision, which is final

unless altered by statute. On publication of an objection by the

commissioner, control as to that particular substance under this

chapter is stayed until the commissioner publishes the

commissioner's decision.

(g-1)

If a controlled substance is approved for medical use

by the United States Food and Drug Administration under Section

505, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355),

the substance is subsequently deleted as a controlled substance or

rescheduled and placed on a lower schedule under federal law, and

notice of those facts is given to the commissioner, as soon as

practicable the commissioner similarly shall delete or reschedule

the substance under this chapter.

SECTION 2. The changes in law made by this Act apply only to

a controlled substance deleted as a controlled substance or

rescheduled and placed on a lower schedule under federal law on or

after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.