Texas § HS.481.077 - CHEMICAL PRECURSOR RECORDS AND REPORTS

§ HS.481.077. CHEMICAL PRECURSOR RECORDS AND REPORTS

CHEMICAL PRECURSOR RECORDS AND REPORTS. (a) Except as provided by Subsection (l), a person who sells, transfers, or otherwise furnishes a chemical precursor to another person shall make an accurate and legible record of the transaction and maintain the record for at least two years after the date of the transaction. (b) The director by rule may: (1) name an additional chemical substance as a chemical precursor for purposes of Subsection (a) if the director determines that public health and welfare are jeopardized by evidenced proliferation or use of the chemical substance in the illicit manufacture of a controlled substance or controlled substance analogue; or (2) exempt a chemical precursor from the requirements of Subsection (a) if the director determines that the chemical precursor does not jeopardize public health and welfare or is not used in the illicit manufacture of a controlled substance or a controlled substance analogue. (b-1) If the director names a chemical substance as a chemical precursor for purposes of Subsection (a) or designates a substance as an immediate precursor, a substance that is a precursor of the chemical precursor or the immediate precursor is not subject to control solely because it is a precursor of the chemical precursor or the immediate precursor. (c) This section does not apply to a person to whom a registration has been issued by the Federal Drug Enforcement Agency or who is exempt from such registration. (d) Before selling, transferring, or otherwise furnishing to a person in this state a chemical precursor subject to Subsection (a), a manufacturer, wholesaler, retailer, or other person shall: (1) if the recipient does not represent a business, obtain from the recipient: (A) the recipient's driver's license number or other personal identification certificate number, date of birth, and residential or mailing address, other than a post office box number, from a driver's license or personal identification certificate issued by the department that contains a photograph of the recipient; (B) the year, state, and number of the motor vehicle license of the motor vehicle owned or operated by the recipient; (C) a complete description of how the chemical precursor is to be used; and (D) the recipient's signature; or (2) if the recipient represents a business, obtain from the recipient: (A) a letter of authorization from the business that includes the business license or comptroller tax identification number, address, area code, and telephone number and a complete description of how the chemical precursor is to be used; and (B) the recipient's signature; and (3) for any recipient, sign as a witness to the signature and identification of the recipient. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(1), eff. September 1, 2019. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(1), eff. September 1, 2019. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(1), eff. September 1, 2019. (h) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(1), eff. September 1, 2019. (i) A manufacturer, wholesaler, retailer, or other person who discovers a loss or theft of a chemical precursor subject to Subsection (a) shall: (1) submit a report of the transaction to the director in accordance with department rule; and (2) include in the report: (A) any difference between the amount of the chemical precursor actually received and the amount of the chemical precursor shipped according to the shipping statement or invoice; or (B) the amount of the loss or theft. (j) A report under Subsection (i) must: (1) be made not later than the third day after the date that the manufacturer, wholesaler, retailer, or other person learns of the discrepancy, loss, or theft; and (2) if the discrepancy, loss, or theft occurred during a shipment of the chemical precursor, include the name of the common carrier or person who transported the chemical precursor and the date that the chemical precursor was shipped. (k) A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any chemical precursor subject to Subsection (a), or a commercial purchaser or other person who receives a chemical precursor subject to Subsection (a): (1) shall maintain records and inventories in accordance with rules established by the director; (2) shall allow a member of the department or a peace officer to conduct audits and inspect records of purchases and sales and all other records made in accordance with this section at any reasonable time; and (3) may not interfere with the audit or with the full and complete inspection or copying of those records. (l) This section does not apply to the sale or transfer of any compound, mixture, or preparation containing ephedrine, pseudoephedrine, or norpseudoephedrine that is in liquid, liquid capsule, or liquid gel capsule form. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(k), eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 745, Sec. 17, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 12, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 570, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1099, Sec. 6, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 282 (H.B. 164 ), Sec. 4, eff. August 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195 ), Sec. 14, eff. September 1, 2016. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.001, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(1), eff. September 1, 2019.