Relating to the addition of Benzimidazole-opioids to Penalty Group 1-B of the Texas Controlled Substances Act.

The text as introduced · 391 words

90R3813 CJD-D

By: Money
H.B. No. 616

A BILL TO BE ENTITLED

AN ACT

relating to the addition of Benzimidazole-opioids to Penalty Group

1-B of the Texas Controlled Substances Act.

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

SECTION 1. Section 481.1022, Health and Safety Code, is

amended to read as follows:

Sec. 481.1022. PENALTY GROUP 1-B. Penalty Group 1-B

consists of the following opiates, including their isomers, esters,

ethers, salts, and salts of isomers, esters, and ethers, if the

existence of these isomers, esters, ethers, and salts is possible

within the specific chemical designation:

Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-

phenethyl)-4-piperidinyl]-N-phenylacetamide);

Alfentanil;

Alpha-methylthiofentanyl (N-[1-methyl-2-(2-

thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

Benzimidazole-opioids (Also known as Nitazenes);

Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-

phenethyl)-4-piperidinyl] -N-phenylpropanamide);

Beta-hydroxy-3-methylfentanyl;

Carfentanil;

Fentanyl, alpha-methylfentanyl, and any other

derivative of fentanyl;

3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-

4-piperidyl]-N-phenylpropanamide);

3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)

ethyl-4-piperidinyl]-N-phenylpropanamide);

Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-

phenylethyl)-4-piperidinylpropanamide);

Remifentanil;

Sufentanil; and

Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-

piperidinyl]-propanamide).

SECTION 2. Section 193.005(e-1), Health and Safety Code, is

amended to read as follows:

(e-1) The medical certification on a death certificate must

include either the term " Opioid [ Fentanyl ] Poisoning" or the term

" Opioid [ Fentanyl ] Toxicity" if:

(1) a toxicology examination reveals a controlled

substance listed in Penalty Group 1-B present in the body of the

decedent in an amount or concentration that is considered to be

lethal by generally accepted scientific standards; and

(2) the results of an autopsy performed on the

decedent are consistent with an opioid overdose as the cause of

death.

SECTION 3. The change in law made by this Act to Section

481.1022, Health and Safety Code, applies only to an offense

committed on or after the effective date of this Act. An offense

committed before the effective date of this Act is governed by the

law in effect at the time the offense was committed, and the former

law is continued in effect for that purpose. For purposes of this

section, an offense was committed before the effective date of this

Act if any element of the offense occurred before that date.

SECTION 4. The change in law made by this Act to Section

193.005, Health and Safety Code, applies only to a death that occurs

on or after the effective date of this Act, or a death that occurs

before that date but is discovered on or after the effective date of

this Act.

SECTION 5. This Act takes effect September 1, 2027.