HB 2804

85(R) - 2017
House Public Health
Senate Criminal Justice
House Public Health
Senate Criminal Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Four Price


Van Taylor

Bill Caption

Relating to the emergency scheduling of certain controlled substances for the purpose of the prosecution and punishment of certain offenses under the Texas Controlled Substances Act; expanding the application of certain criminal offenses. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

This bill would slightly modify the current process for the emergency scheduling of an illicit substance and would require the commissioner of state health services to submit a bi-annual report. If this bill passes, the commissioner may extend the emergency scheduling of a substance for up to a year, and they would not be allowed to renew the emergency scheduling more than once. The commissioner would be required to post a notice of each emergency scheduling or each extension on the Department of State Health Services’ website. This bill would also require the commissioner to submit a report about each emergency scheduling action taken during the preceding two years. The report would be due no later than December 1st of each odd numbered year. 

Vote Recommendation Notes

This bill is somewhat procedural, however it does allow needed flexibility while imposing appropriate limits on the power of the commissioner to extend emergency scheduling. We also support the increased reporting and transparency that would become law as a result of this bill. This bill satisfies our commitment to limited government. 

Organizations Supporting

Assoc. of Substance Abuse Programs
Texas Association of Business
Texas Association of Counties
Texas Municipal Police Association