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HEALTH & SAFETY CODE CHAPTER 483.
DANGEROUS DRUGS
SUBCHAPTER A. GENERAL PROVISIONS
§ 483.0001. SHORT TITLE. This Act may be cited as the
Texas Dangerous Drug Act.
Added by Acts 1993, 73rd Leg., ch. 789, § 18, eff. Sept. 1, 1993.
§ 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
(C) a registered nurse or physician assistant
authorized by a 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;
(C) participation in drug and device selection as
authorized by 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;
(C) in Canada or Mexico in a health field in
which, under the 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;
(C) if the drug is prescribed for an animal, the
species of the 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 documented midwife, registered nurse, or physician assistant,
legibly printed or stamped, if signed by a documented 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.03(h), 5.04(b), eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 14, § 200, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 237, § 10, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 588, § 26, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 351, § 29, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 789, § 18, eff. Sept. 1, 1993; Acts 1995, 74th Leg.,
ch. 965, § 6, 82, eff. June 16, 1995; Acts 1997, 75th Leg., ch.
1095, § 18, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1180,
§ 22, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 112, § 6,
eff. May 11, 2001; Acts 2001, 77th Leg., ch. 1254, § 11, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, § 14.795, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 88, § 10, eff. May 20,
2003.
§ 483.002. RULES. The board may adopt rules for the
proper administration and enforcement of this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1180, § 23, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 112, § 7, eff. May 11, 2001.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 112, § 8, eff. May 11, 2001.
SUBCHAPTER B. DUTIES OF PHARMACISTS, PRACTITIONERS, AND OTHER PERSONS
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 588, § 27, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1254, § 12, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1420, § 14.796, eff. Sept. 1, 2001.
§ 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).
(c) The practitioner shall provide a pharmacist with a copy
of 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 201, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 237, § 11, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 789, § 19, eff. Sept. 1, 1993; Acts 1999, 76th
Leg., ch. 428, § 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
1420, § 14.797, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
SUBCHAPTER C. CRIMINAL PENALTIES
§ 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.
(c) Subsection (a) does not apply to the possession of a
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
commissioner of health 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 documented 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.
(d) An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.03(f), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 16, § 2, eff. April 2, 1993; Acts 1993,
73rd Leg., ch. 789, § 20, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 307, § 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch.
318, § 41, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1095,
§ 19, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1129, § 2,
eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 265, § 9, eff. May
22, 2001; Acts 2001, 77th Leg., ch. 1420, § 14.798, eff. Sept.
1, 2001.
§ 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.
(c) Proof of an offer to sell a dangerous drug must be
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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.03(g), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 287, § 34, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 789, § 21, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 900, § 2.04, eff. Sept. 1, 1994; Acts 1995, 74th
Leg., ch. 965, § 7, eff. June 16, 1995; Acts 1997, 75th Leg., ch.
1180, § 24, eff. Sept; 1, 1997; Acts 1999, 76th Leg., ch. 1404,
§ 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, §
14.799, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 900, § 2.05, eff. Sept. 1, 1994.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) 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 under this chapter, in which event
the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 789, § 22, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 483.053. PREPARATORY OFFENSES. Title 4, Penal Code,
applies to an offense under this subchapter.
Added by Acts 1995, 74th Leg., ch. 318, § 40, eff. Sept. 1, 1995.
SUBCHAPTER D. CRIMINAL AND CIVIL PROCEDURE
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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.
(c) Before the dangerous drug is destroyed, an inventory of
the 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 237, § 12, eff. Sept. 1, 1991.
§ 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, § 1, eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1989.
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