Texas § HS.481.080 - CHEMICAL LABORATORY APPARATUS RECORD-KEEPING REQUIREMENTS

§ HS.481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING REQUIREMENTS

CHEMICAL LABORATORY APPARATUS RECORD-KEEPING REQUIREMENTS. (a) A manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes a chemical laboratory apparatus 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 may adopt rules to implement this section. (c) The director by rule may: (1) name an additional item of equipment as a chemical laboratory apparatus for purposes of Subsection (a) if the director determines that public health and welfare are jeopardized by evidenced proliferation or use of the item of equipment in the illicit manufacture of a controlled substance or controlled substance analogue; or (2) exempt a chemical laboratory apparatus from the requirement of Subsection (a) if the director determines that the apparatus does not jeopardize public health and welfare or is not used in the illicit manufacture of a controlled substance or a controlled substance analogue. (d) 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-1) This section does not apply to a chemical manufacturer engaged in commercial research and development: (1) whose primary business is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials; (2) that operates a secure, restricted location that contains a physical plant not open to the public, the ingress into which is constantly monitored by security personnel; and (3) that holds: (A) a Voluntary Protection Program Certification under Section (2)(b)(1), Occupational Safety and Health Act of 1970 (29 U.S.C. Section 651 et seq.); or (B) a Facility Operations Area authorization under the Texas Risk Reduction Program (30 T.A.C. Chapter 350). (e) Before selling, transferring, or otherwise furnishing to a person in this state a chemical laboratory apparatus 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 apparatus 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 apparatus 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. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(3), eff. September 1, 2019. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(3), eff. September 1, 2019. (h) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(3), eff. September 1, 2019. (i) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(3), eff. September 1, 2019. (j) A manufacturer, wholesaler, retailer, or other person who discovers a loss or theft of such an apparatus 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 number of the apparatus actually received and the number of the apparatus shipped according to the shipping statement or invoice; or (B) the number of the loss or theft. (k) A report under Subsection (j) 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 apparatus, include the name of the common carrier or person who transported the apparatus and the date that the apparatus was shipped. (l) This subsection applies to a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any chemical laboratory apparatus subject to Subsection (a) and to a commercial purchaser or other person who receives such an apparatus. A person covered by this subsection: (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. Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(l), eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 19, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 14, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 83 (S.B. 1666 ), Sec. 1, eff. May 22, 2015. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.002, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.003, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 4.011(3), eff. September 1, 2019. SUBCHAPTER D. OFFENSES AND PENALTIES