CHAPTER 483. DANGEROUS DRUGS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-483-dangerous-drugs

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES

CHAPTER 483. DANGEROUS DRUGS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 483.0001. SHORT TITLE. This Act may be cited as the Texas

Dangerous Drug Act.

Added by Acts 1993, 73rd Leg., ch. 789, Sec. 18, eff. Sept. 1,

1993.

Sec. 483.001. DEFINITIONS. In this chapter:

(1) "Board" means the Texas State Board of Pharmacy.

(2) "Dangerous drug" means a device or a drug that is unsafe for

self-medication and that is not included in Schedules I through V

or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled

Substances Act). The term includes a device or a drug that bears

or is required to bear the legend:

(A) "Caution: federal law prohibits dispensing without

prescription" or "Rx only" or another legend that complies with

federal law; or

(B) "Caution: federal law restricts this drug to use by or on

the order of a licensed veterinarian."

(3) "Deliver" means to sell, dispense, give away, or supply in

any other manner.

(4) "Designated agent" means:

(A) a licensed nurse, physician assistant, pharmacist, or other

individual designated by a practitioner to communicate

prescription drug orders to a pharmacist;

(B) a licensed nurse, physician assistant, or pharmacist

employed in a health care facility to whom the practitioner

communicates a prescription drug order; or

practitioner to carry out a prescription drug order for dangerous

drugs under Subchapter B, Chapter 157, Occupations Code.

(5) "Dispense" means to prepare, package, compound, or label a

dangerous drug in the course of professional practice for

delivery under the lawful order of a practitioner to an ultimate

user or the user's agent.

(6) "Manufacturer" means a person, other than a pharmacist, who

manufactures dangerous drugs. The term includes a person who

prepares dangerous drugs in dosage form by mixing, compounding,

encapsulating, entableting, or any other process.

(7) "Patient" means:

(A) an individual for whom a dangerous drug is prescribed or to

whom a dangerous drug is administered; or

(B) an owner or the agent of an owner of an animal for which a

dangerous drug is prescribed or to which a dangerous drug is

administered.

(8) "Person" includes an individual, corporation, partnership,

and association.

(9) "Pharmacist" means a person licensed by the Texas State

Board of Pharmacy to practice pharmacy.

(10) "Pharmacy" means a facility where prescription drug or

medication orders are received, processed, dispensed, or

distributed under this chapter, Chapter 481 of this code, and

Subtitle J, Title 3, Occupations Code. The term does not include

a narcotic drug treatment program that is regulated by Chapter

466, Health and Safety Code.

(11) "Practice of pharmacy" means:

(A) provision of those acts or services necessary to provide

pharmaceutical care;

(B) interpretation and evaluation of prescription drug orders or

medication orders;

law, drug administration, drug regimen review, or drug or

drug-related research;

(D) provision of patient counseling;

(E) responsibility for:

(i) dispensing of prescription drug orders or distribution of

medication orders in the patient's best interest;

(ii) compounding and labeling of drugs and devices, except

labeling by a manufacturer, repackager, or distributor of

nonprescription drugs and commercially packaged prescription

drugs and devices;

(iii) proper and safe storage of drugs and devices; or

(iv) maintenance of proper records for drugs and devices. In

this subdivision, "device" has the meaning assigned by Subtitle

J, Title 3, Occupations Code; or

(F) performance of a specific act of drug therapy management for

a patient delegated to a pharmacist by a written protocol from a

physician licensed by the state under Subtitle B, Title 3,

Occupations Code.

(12) "Practitioner" means a person licensed:

(A) by the Texas State Board of Medical Examiners, State Board

of Dental Examiners, Texas State Board of Podiatric Medical

Examiners, Texas Optometry Board, or State Board of Veterinary

Medical Examiners to prescribe and administer dangerous drugs;

(B) by another state in a health field in which, under the laws

of this state, a licensee may legally prescribe dangerous drugs;

laws of this state, a licensee may legally prescribe dangerous

drugs; or

(D) an advanced practice nurse or physician assistant to whom a

physician has delegated the authority to carry out or sign

prescription drug orders under Section 157.0511, 157.052,

157.053, 157.054, 157.0541, or 157.0542, Occupations Code.

(13) "Prescription" means an order from a practitioner, or an

agent of the practitioner designated in writing as authorized to

communicate prescriptions, or an order made in accordance with

Subchapter B, Chapter 157, Occupations Code, or Section 203.353,

Occupations Code, to a pharmacist for a dangerous drug to be

dispensed that states:

(A) the date of the order's issue;

(B) the name and address of the patient;

animal;

(D) the name and quantity of the drug prescribed;

(E) the directions for the use of the drug;

(F) the intended use of the drug unless the practitioner

determines the furnishing of this information is not in the best

interest of the patient;

(G) the name, address, and telephone number of the practitioner

at the practitioner's usual place of business, legibly printed or

stamped; and

(H) the name, address, and telephone number of the licensed

midwife, registered nurse, or physician assistant, legibly

printed or stamped, if signed by a licensed midwife, registered

nurse, or physician assistant.

(14) "Warehouseman" means a person who stores dangerous drugs

for others and who has no control over the disposition of the

drugs except for the purpose of storage.

(15) "Wholesaler" means a person engaged in the business of

distributing dangerous drugs to a person listed in Sections

483.041(c)(1)-(6).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(h), 5.04(b),

eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 200, eff.

Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 237, Sec. 10, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., ch. 588, Sec. 26, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 351, Sec. 29, eff. Sept. 1, 1993;

Acts 1993, 73rd Leg., ch. 789, Sec. 18, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 965, Sec. 6, 82, eff. June 16, 1995; Acts

1997, 75th Leg., ch. 1095, Sec. 18, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1180, Sec. 22, eff. Sept. 1, 1997; Acts

2001, 77th Leg., ch. 112, Sec. 6, eff. May 11, 2001; Acts 2001,

77th Leg., ch. 1254, Sec. 11, eff. Sept. 1, 2001; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.795, eff. Sept. 1, 2001; Acts 2003, 78th

Leg., ch. 88, Sec. 10, eff. May 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1240, Sec. 54, eff. September 1, 2005.

Sec. 483.002. RULES. The board may adopt rules for the proper

administration and enforcement of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.003. BOARD OF HEALTH HEARINGS REGARDING CERTAIN

DANGEROUS DRUGS. (a) The Texas Board of Health may hold public

hearings in accordance with Chapter 2001, Government Code to

determine whether there is compelling evidence that a dangerous

drug has been abused, either by being prescribed for

nontherapeutic purposes or by the ultimate user.

(b) On making that finding, the Texas Board of Health may limit

the availability of the abused drug by permitting its dispensing

only on the prescription of a practitioner described by Section

483.001(12)(A), (B), or (D).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1180, Sec. 23, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 112, Sec. 7, eff. May

11, 2001.

Sec. 483.004. COMMISSIONER OF HEALTH EMERGENCY AUTHORITY

RELATING TO DANGEROUS DRUGS. If the commissioner of health has

compelling evidence that an immediate danger to the public health

exists as a result of the prescription of a dangerous drug by

practitioners described by Section 483.001(12)(C), the

commissioner may use the commissioner's existing emergency

authority to limit the availability of the drug by permitting its

prescription only by practitioners described by Section

483.001(12)(A), (B), or (D).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 112, Sec. 8, eff. May 11,

2001.

SUBCHAPTER B. DUTIES OF PHARMACISTS, PRACTITIONERS, AND OTHER

PERSONS

Sec. 483.021. DETERMINATION BY PHARMACIST ON REQUEST TO DISPENSE

DRUG. (a) A pharmacist who is requested to dispense a dangerous

drug under a prescription issued by a practitioner shall

determine, in the exercise of the pharmacist's professional

judgment, that the prescription is a valid prescription. A

pharmacist may not dispense a dangerous drug if the pharmacist

knows or should have known that the prescription was issued

without a valid patient-practitioner relationship.

(b) A pharmacist who is requested to dispense a dangerous drug

under a prescription issued by a therapeutic optometrist shall

determine, in the exercise of the pharmacist's professional

judgment, whether the prescription is for a dangerous drug that a

therapeutic optometrist is authorized to prescribe under Section

351.358, Occupations Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 588, Sec. 27, eff. Sept. 1,

1991; Acts 2001, 77th Leg., ch. 1254, Sec. 12, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.796, eff. Sept. 1,

2001.

Sec. 483.022. PRACTITIONER'S DESIGNATED AGENT; PRACTITIONER'S

RESPONSIBILITIES. (a) A practitioner shall provide in writing

the name of each designated agent as defined by Section

483.001(4)(A) and (C), and the name of each healthcare facility

which employs persons defined by Section 483.001(4)(B).

(b) The practitioner shall maintain at the practitioner's usual

place of business a list of the designated agents or healthcare

facilities as defined by Section 483.001(4).

the practitioner's written authorization for a designated agent

as defined by Section 483.001(4) on the pharmacist's request.

(d) This section does not relieve a practitioner or the

practitioner's designated agent from the requirements of

Subchapter A, Chapter 562, Occupations Code.

(e) A practitioner remains personally responsible for the

actions of a designated agent who communicates a prescription to

a pharmacist.

(f) A practitioner may designate a person who is a licensed

vocational nurse or has an education equivalent to or greater

than that required for a licensed vocational nurse to communicate

prescriptions of an advanced practice nurse or physician

assistant authorized by the practitioner to sign prescription

drug orders under Subchapter B, Chapter 157, Occupations Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 201, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 237, Sec. 11, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 789, Sec. 19, eff. Sept. 1, 1993; Acts

1999, 76th Leg., ch. 428, Sec. 4, eff. Sept. 1, 1999; Acts 2001,

77th Leg., ch. 1420, Sec. 14.797, eff. Sept. 1, 2001.

Sec. 483.023. RETENTION OF PRESCRIPTIONS. A pharmacy shall

retain a prescription for a dangerous drug dispensed by the

pharmacy for two years after the date of the initial dispensing

or the last refilling of the prescription, whichever date is

later.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.024. RECORDS OF ACQUISITION OR DISPOSAL. The following

persons shall maintain a record of each acquisition and each

disposal of a dangerous drug for two years after the date of the

acquisition or disposal:

(1) a pharmacy;

(2) a practitioner;

(3) a person who obtains a dangerous drug for lawful research,

teaching, or testing purposes, but not for resale;

(4) a hospital that obtains a dangerous drug for lawful

administration by a practitioner; and

(5) a manufacturer or wholesaler registered with the

commissioner of health under Chapter 431 (Texas Food, Drug, and

Cosmetic Act).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.025. INSPECTIONS; INVENTORIES. A person required to

keep records relating to dangerous drugs shall:

(1) make the records available for inspection and copying at all

reasonable hours by any public official or employee engaged in

enforcing this chapter; and

(2) allow the official or employee to inventory all stocks of

dangerous drugs on hand.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER C. CRIMINAL PENALTIES

Sec. 483.041. POSSESSION OF DANGEROUS DRUG. (a) A person

commits an offense if the person possesses a dangerous drug

unless the person obtains the drug from a pharmacist acting in

the manner described by Section 483.042(a)(1) or a practitioner

acting in the manner described by Section 483.042(a)(2).

(b) Except as permitted by this chapter, a person commits an

offense if the person possesses a dangerous drug for the purpose

of selling the drug.

Text of subsection effective until September 01, 2010

dangerous drug in the usual course of business or practice or in

the performance of official duties by the following persons or an

agent or employee of the person:

(1) a pharmacy licensed by the board;

(2) a practitioner;

(3) a person who obtains a dangerous drug for lawful research,

teaching, or testing, but not for resale;

(4) a hospital that obtains a dangerous drug for lawful

administration by a practitioner;

(5) an officer or employee of the federal, state, or local

government;

(6) a manufacturer or wholesaler licensed by the Department of

State Health Services under Chapter 431 (Texas Food, Drug, and

Cosmetic Act);

(7) a carrier or warehouseman;

(8) a home and community support services agency licensed under

and acting in accordance with Chapter 142;

(9) a licensed midwife who obtains oxygen for administration to

a mother or newborn or who obtains a dangerous drug for the

administration of prophylaxis to a newborn for the prevention of

ophthalmia neonatorum in accordance with Section 203.353,

Occupations Code; or

(10) a salvage broker or salvage operator licensed under Chapter

432.

Text of subsection effective on September 01, 2010

dangerous drug in the usual course of business or practice or in

the performance of official duties by the following persons or an

agent or employee of the person:

(1) a pharmacy licensed by the board;

(2) a practitioner;

(3) a person who obtains a dangerous drug for lawful research,

teaching, or testing, but not for resale;

(4) a hospital that obtains a dangerous drug for lawful

administration by a practitioner;

(5) an officer or employee of the federal, state, or local

government;

(6) a manufacturer or wholesaler licensed by the Department of

State Health Services under Chapter 431 (Texas Food, Drug, and

Cosmetic Act);

(7) a carrier or warehouseman;

(8) a home and community support services agency licensed under

and acting in accordance with Chapter 142;

(9) a licensed midwife who obtains oxygen for administration to

a mother or newborn or who obtains a dangerous drug for the

administration of prophylaxis to a newborn for the prevention of

ophthalmia neonatorum in accordance with Section 203.353,

Occupations Code;

(10) a salvage broker or salvage operator licensed under Chapter

432; or

(11) a certified laser hair removal professional under

Subchapter M, Chapter 401, who possesses and uses a laser or

pulsed light device approved by and registered with the

department and in compliance with department rules for the sole

purpose of cosmetic nonablative hair removal.

(d) An offense under this section is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(f), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 16, Sec. 2, eff. April

2, 1993; Acts 1993, 73rd Leg., ch. 789, Sec. 20, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 307, Sec. 2, eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 318, Sec. 41, eff. Sept. 1, 1995; Acts

1997, 75th Leg., ch. 1095, Sec. 19, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1129, Sec. 2, eff. Sept. 1, 1997; Acts 2001,

77th Leg., ch. 265, Sec. 9, eff. May 22, 2001; Acts 2001, 77th

Leg., ch. 1420, Sec. 14.798, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1240, Sec. 55, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

303, Sec. 2, eff. September 1, 2010.

Sec. 483.042. DELIVERY OR OFFER OF DELIVERY OF DANGEROUS DRUG.

(a) A person commits an offense if the person delivers or offers

to deliver a dangerous drug:

(1) unless:

(A) the dangerous drug is delivered or offered for delivery by a

pharmacist under:

(i) a prescription issued by a practitioner described by Section

483.001(12)(A) or (B);

(ii) a prescription signed by a registered nurse or physician

assistant in accordance with Subchapter B, Chapter 157,

Occupations Code; or

(iii) an original written prescription issued by a practitioner

described by Section 483.001(12)(C); and

(B) a label is attached to the immediate container in which the

drug is delivered or offered to be delivered and the label

contains the following information:

(i) the name and address of the pharmacy from which the drug is

delivered or offered for delivery;

(ii) the date the prescription for the drug is dispensed;

(iii) the number of the prescription as filed in the

prescription files of the pharmacy from which the prescription is

dispensed;

(iv) the name of the practitioner who prescribed the drug and,

if applicable, the name of the registered nurse or physician

assistant who signed the prescription;

(v) the name of the patient and, if the drug is prescribed for

an animal, a statement of the species of the animal; and

(vi) directions for the use of the drug as contained in the

prescription; or

(2) unless:

(A) the dangerous drug is delivered or offered for delivery by:

(i) a practitioner in the course of practice; or

(ii) a registered nurse or physician assistant in the course of

practice in accordance with Subchapter B, Chapter 157,

Occupations Code; and

(B) a label is attached to the immediate container in which the

drug is delivered or offered to be delivered and the label

contains the following information:

(i) the name and address of the practitioner who prescribed the

drug, and if applicable, the name and address of the registered

nurse or physician assistant;

(ii) the date the drug is delivered;

(iii) the name of the patient and, if the drug is prescribed for

an animal, a statement of the species of the animal; and

(iv) the name of the drug, the strength of the drug, and

directions for the use of the drug.

(b) Subsection (a) does not apply to the delivery or offer for

delivery of a dangerous drug to a person listed in Section

483.041(c) for use in the usual course of business or practice or

in the performance of official duties by the person.

corroborated by a person other than the offeree or by evidence

other than a statement by the offeree.

(d) An offense under this section is a state jail felony.

(e) The labeling provisions of Subsection (a) do not apply to a

dangerous drug prescribed or dispensed for administration to a

patient who is institutionalized. The board shall adopt rules for

the labeling of such a drug.

(f) Provided all federal requirements are met, the labeling

provisions of Subsection (a) do not apply to a dangerous drug

prescribed or dispensed for administration to food production

animals in an agricultural operation under a written medical

directive or treatment guideline from a veterinarian licensed

under Chapter 801, Occupations Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(g), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 287, Sec. 34, eff. Sept.

1, 1993; Acts 1993, 73rd Leg., ch. 789, Sec. 21, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 900, Sec. 2.04, eff. Sept. 1,

1994; Acts 1995, 74th Leg., ch. 965, Sec. 7, eff. June 16, 1995;

Acts 1997, 75th Leg., ch. 1180, Sec. 24, eff. Sept; 1, 1997; Acts

1999, 76th Leg., ch. 1404, Sec. 1, eff. Sept. 1, 1999; Acts 2001,

77th Leg., ch. 1420, Sec. 14.799, eff. Sept. 1, 2001.

Sec. 483.043. MANUFACTURE OF DANGEROUS DRUG. (a) A person

commits an offense if the person manufactures a dangerous drug

and the person is not authorized by law to manufacture the drug.

(b) An offense under this section is a state jail felony.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.05, eff. Sept.

1, 1994.

Sec. 483.045. FORGING OR ALTERING PRESCRIPTION. (a) A person

commits an offense if the person:

(1) forges a prescription or increases the prescribed quantity

of a dangerous drug in a prescription;

(2) issues a prescription bearing a forged or fictitious

signature;

(3) obtains or attempts to obtain a dangerous drug by using a

forged, fictitious, or altered prescription;

(4) obtains or attempts to obtain a dangerous drug by means of a

fictitious or fraudulent telephone call; or

(5) possesses a dangerous drug obtained by a forged, fictitious,

or altered prescription or by means of a fictitious or fraudulent

telephone call.

(b) An offense under this section is a Class B misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

chapter, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.046. FAILURE TO RETAIN PRESCRIPTION. (a) A pharmacist

commits an offense if the pharmacist:

(1) delivers a dangerous drug under a prescription; and

(2) fails to retain the prescription as required by Section

483.023.

(b) An offense under this section is a Class B misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

chapter, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.047. REFILLING PRESCRIPTION WITHOUT AUTHORIZATION. (a)

Except as authorized by Subsection (b), a pharmacist commits an

offense if the pharmacist refills a prescription unless:

(1) the prescription contains an authorization by the

practitioner for the refilling of the prescription, and the

pharmacist refills the prescription in the manner provided by the

authorization; or

(2) at the time of refilling the prescription, the pharmacist is

authorized to do so by the practitioner who issued the

prescription.

(b) A pharmacist may exercise his professional judgment in

refilling a prescription for a dangerous drug without the

authorization of the prescribing practitioner provided:

(1) failure to refill the prescription might result in an

interruption of a therapeutic regimen or create patient

suffering;

(2) either:

(A) a natural or manmade disaster has occurred which prohibits

the pharmacist from being able to contact the practitioner; or

(B) the pharmacist is unable to contact the practitioner after

reasonable effort;

(3) the quantity of drug dispensed does not exceed a 72-hour

supply;

(4) the pharmacist informs the patient or the patient's agent at

the time of dispensing that the refill is being provided without

such authorization and that authorization of the practitioner is

required for future refills; and

(5) the pharmacist informs the practitioner of the emergency

refill at the earliest reasonable time.

unless it is shown on the trial of the defendant that the

defendant has previously been convicted under this chapter, in

which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 22, eff. Sept. 1,

1993.

Sec. 483.048. UNAUTHORIZED COMMUNICATION OF PRESCRIPTION. (a)

An agent of a practitioner commits an offense if the agent

communicates by telephone a prescription unless the agent is

designated in writing under Section 483.022 as authorized by the

practitioner to communicate prescriptions by telephone.

(b) An offense under this section is a Class B misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

chapter, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.049. FAILURE TO MAINTAIN RECORDS. (a) A person

commits an offense if the person is required to maintain a record

under Section 483.023 or 483.024 and the person fails to maintain

the record in the manner required by those sections.

(b) An offense under this section is a Class B misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

chapter, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.050. REFUSAL TO PERMIT INSPECTION. (a) A person

commits an offense if the person is required to permit an

inspection authorized by Section 483.025 and fails to permit the

inspection in the manner required by that section.

(b) An offense under this section is a Class B misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

chapter, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.051. USING OR REVEALING TRADE SECRET. (a) A person

commits an offense if the person uses for the person's advantage

or reveals to another person, other than to an officer or

employee of the board or to a court in a judicial proceeding

relevant to this chapter, information relating to dangerous drugs

required to be kept under this chapter, if that information

concerns a method or process subject to protection as a trade

secret.

(b) An offense under this section is a Class B misdemeanor

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

chapter, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.052. VIOLATION OF OTHER PROVISION. (a) A person

commits an offense if the person violates a provision of this

chapter other than a provision for which a specific offense is

otherwise described by this chapter.

(b) An offense under this section is a Class B misdemeanor,

unless it is shown on the trial of the defendant that the

defendant has previously been convicted of an offense under this

chapter, in which event the offense is a Class A misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.053. PREPARATORY OFFENSES. Title 4, Penal Code,

applies to an offense under this subchapter.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 40, eff. Sept. 1,

1995.

SUBCHAPTER D. CRIMINAL AND CIVIL PROCEDURE

Sec. 483.071. EXCEPTIONS; BURDEN OF PROOF. (a) In a complaint,

information, indictment, or other action or proceeding brought

for the enforcement of this chapter, the state is not required to

negate an exception, excuse, proviso, or exemption contained in

this chapter.

(b) The defendant has the burden of proving the exception,

excuse, proviso, or exemption.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.072. UNCORROBORATED TESTIMONY. A conviction under this

chapter may be obtained on the uncorroborated testimony of a

party to the offense.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.073. SEARCH WARRANT. A peace officer may apply for a

search warrant to search for dangerous drugs possessed in

violation of this chapter. The peace officer must apply for and

execute the search warrant in the manner prescribed by the Code

of Criminal Procedure.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.074. SEIZURE AND DESTRUCTION. (a) A dangerous drug

that is manufactured, sold, or possessed in violation of this

chapter is contraband and may be seized by an employee of the

board or by a peace officer authorized to enforce this chapter

and charged with that duty.

(b) If a dangerous drug is seized under Subsection (a), the

board may direct an employee of the board or an authorized peace

officer to destroy the drug. The employee or authorized peace

officer directed to destroy the drug must act in the presence of

another employee of the board or authorized peace officer and

shall destroy the drug in any manner designated as appropriate by

the board.

drug must be prepared. The inventory must be accompanied by a

statement that the dangerous drug is being destroyed at the

direction of the board, by an employee of the board or an

authorized peace officer, and in the presence of another employee

of the board or authorized peace officer. The statement must also

contain the names of the persons in attendance at the time of

destruction, state the capacity in which each of those persons

acts, be signed by those persons, and be sworn to by those

persons that the statement is correct. The statement shall be

filed with the board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 237, Sec. 12, eff. Sept. 1,

1991.

Sec. 483.075. INJUNCTION. The board may institute an action in

its own name to enjoin a violation of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 483.076. LEGAL REPRESENTATION OF BOARD. (a) If the board

institutes a legal proceeding under this chapter, the board may

be represented only by a county attorney, a district attorney, or

the attorney general.

(b) The board may not employ private counsel in any legal

proceeding instituted by or against the board under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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