Monitoring the Session

HB 3078

Darby Bill Lets A Private Operator Set Its Own Fee

Did not pass

Verdict: Smells

SmellsInitial review
Rep. Drew DarbyRHouse 72
Why it's charged
New fee, fund, board or appointees

THE TEXT

…“norpseudoephedrine sold in this state shall pay a monthly fee to the”…

Bill text, House committee report version (H)

The bill creates a new mandatory monthly fee on manufacturers, paid to a private system administrator that sets the amount itself with no cap beyond 'fair and reasonable.' The caption openly says it imposes a fee, so the pitch is not defeated.

New fee, fund, board or appointees

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to manufacturer fees for operation of a real-time electronic logging system to track over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; authorizing an administrative penalty.

Caption from analyzed text · version H.

Summary

Cold medicine makers pay monthly. The operator sets the amount. Cap: fair and reasonable.

The bill makes every company that makes cold medicine with ephedrine or pseudoephedrine sold in Texas pay a monthly fee to the private operator of the electronic system that stores logs of over-the-counter sales. It touches drug manufacturers, the system operator that sets the fee, and the state health department, which can check payment records and fine manufacturers who do not pay. On the ground, the cost of running the sales-tracking log shifts from stores toward manufacturers, at an amount the operator itself decides is fair and reasonable.

Labels

Labels: FEE INCLUDED. The caption of the graded version (House committee report) reads: “relating to manufacturer fees for operation of a real-time electronic logging system to track over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; authorizing an administrative penalty.”STALLED AFTER COMMITTEE. Voted out of the House Public Health committee 8-3 on Apr 17, 2025. Never placed on a calendar. The bill died.

Receipt

The receipt

89R-HB3078 · 2025-02-20

SOLD BY

Rep. Drew DarbyRHouse 72

ITEM

relating to manufacturer fees for operation of a real-time electronic logging system to track over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee; authorizing an administrative penalty.

WHAT IT DOES

Cold medicine makers pay monthly. The operator sets the amount. Cap: fair and reasonable.

The bill makes every company that makes cold medicine with ephedrine or pseudoephedrine sold in Texas pay a monthly fee to the private operator of the electronic system that stores logs of over-the-counter sales. It touches drug manufacturers, the system operator that sets the fee, and the state health department, which can check payment records and fine manufacturers who do not pay. On the ground, the cost of running the sales-tracking log shifts from stores toward manufacturers, at an amount the operator itself decides is fair and reasonable.

CHARGES

[x] NEW FEE, FUND, BOARD OR APPOINTEESanalysis confidence 60%

THE TEXT

…“norpseudoephedrine sold in this state shall pay a monthly fee to the”…

Bill text, House committee report version (H)

The bill creates a new mandatory monthly fee on manufacturers, paid to a private system administrator that sets the amount itself with no cap beyond 'fair and reasonable.' The caption openly says it imposes a fee, so the pitch is not defeated.

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 12, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Health
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in formal meeting
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
FILED UNDER

SURVEILLANCE STATE

THE TEXT

…“business establishment uses to transmit information on the”…

Bill text, House committee report version (H)

The bill requires manufacturers to fund the private electronic system that logs over-the-counter cold medicine purchases sent in by stores.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Drew Darby

Donors

Texans for Truth and Liberty PAC$50KGideon Powell$30,000Dustin Burrows Campaign$28K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 9, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Truth and Liberty PAC$50,000.00

Texans for Truth and Liberty PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 8, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007659, 101072052.

Gideon Powell$30,000.00
Dustin Burrows Campaign$27,600.00

Dustin Burrows Campaign

$27,600.00

Cash
$0.00
Paid by others
$27,600.00
Total
$27,600.00
polling $27,600.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · on Aug 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068080.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Truth and Liberty PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 8, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007659, 101072052.

×

Dustin Burrows Campaign

$27,600.00

Cash
$0.00
Paid by others
$27,600.00
Total
$27,600.00
polling $27,600.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · on Aug 5, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068080.

Votes

No floor vote loaded for this bill.

Witnesses3
For
1
Against
1
On
1
Names

For

  • Consumer Healthcare Products Association1 registration

Against

  • Self1 registration

On

  • Department of State Health Services1 registration
Sources

3 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · April 12, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Feb 20, 2025

04/25/2025 H Committee report sent to Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Public Health · Committee vote 8 aye, 3 nay, 2 absent · Out of committee

Subjects

Crimes--Drugs

Electronic Information Systems

Fees & Other Nontax Revenue--State

Health--General

Occupational Regulation--Health Occupations

MEDICINE & PRESCRIPTION DRUGS

STATE HEALTH SERVICES, DEPARTMENT OF

Text

The text as introduced · 310 words

89R9248 JTZ-F

By: Darby
H.B. No. 3078

A BILL TO BE ENTITLED

AN ACT

relating to manufacturer fees for operation of a real-time

electronic logging system to track over-the-counter sales of

ephedrine, pseudoephedrine, or norpseudoephedrine; imposing a fee;

authorizing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 486.001(a), Health and Safety Code, is

amended by adding Subdivision (7) to read as follows:

(7) "System administrator" means an entity

responsible for developing, implementing, and maintaining a

real-time electronic logging system.

SECTION 2. Subchapter B, Chapter 486, Health and Safety

Code, is amended by adding Section 486.016 to read as follows:

Sec. 486.016. MANUFACTURER FEES. (a) A manufacturer of a

product containing ephedrine, pseudoephedrine, or

norpseudoephedrine sold in this state shall pay a monthly fee to the

system administrator of each real-time electronic logging system a

business establishment uses to transmit information on the

establishment's sales of the manufacturer's products to support the

establishment's use of the system.

(b) Each system administrator shall set a fair and

reasonable amount for the fee required under Subsection (a).

(c) At the department's request, a manufacturer shall

provide written documentation demonstrating the manufacturer paid

all fees required under Subsection (a).

(d) The department may impose an administrative penalty

under Subchapter C on a manufacturer that fails to pay the fee

required by Subsection (a).

SECTION 3. Section 486.016, Health and Safety Code, as

added by this Act, applies only to a fee imposed on or after the 30th

day after the effective date of this Act.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.