89R25398 LHC-D     By: Oliverson, Garcia of Bexar, et al. H.B. No. 4813       A BILL TO BE ENTITLED   AN ACT   relating to the scheduling of certain controlled substances in   response to certain actions by the United States Food and Drug   Administration with respect to those substances.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.034, Health and Safety Code, is   amended by amending Subsections (a), (b), and (g) and adding   Subsection (g-1) to read as follows:          (a)  The commissioner shall annually establish the schedules   of controlled substances. These annual schedules shall include the   complete list of all controlled substances from the previous   schedules and modifications in the federal schedules of controlled   substances as required by Subsection (g) or (g-1). Any further   additions to and deletions from these schedules, any rescheduling   of substances, and any other modifications made by the commissioner   to these schedules of controlled substances shall be made:                (1)  in accordance with Section 481.035;                (2)  in a manner consistent with this subchapter; and                (3)  with approval of the executive commissioner.          (b)  Except for alterations in schedules required by   Subsection (g) or (g-1), the commissioner may not make an   alteration in a schedule unless the commissioner holds a public   hearing on the matter in Austin and obtains approval from the   executive commissioner.          (g)  Except as otherwise provided by this subsection or   Subsection (g-1), if a substance is designated, rescheduled, or   deleted as a controlled substance under federal law and notice of   that fact is given to the commissioner, the commissioner similarly   shall control the substance under this chapter. After the   expiration of a 30-day period beginning on the day after the date of   publication in the Federal Register of a final order designating a   substance as a controlled substance or rescheduling or deleting a   substance, the commissioner similarly shall designate, reschedule,   or delete the substance, unless the commissioner objects during the   period. If the commissioner objects, the commissioner shall   publish the reasons for the objection and give all interested   parties an opportunity to be heard. At the conclusion of the   hearing, the commissioner shall publish a decision, which is final   unless altered by statute. On publication of an objection by the   commissioner, control as to that particular substance under this   chapter is stayed until the commissioner publishes the   commissioner's decision.          (g-1)  If a controlled substance is approved for medical use   by the United States Food and Drug Administration under Section   505, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 355),   the substance is subsequently deleted as a controlled substance or   rescheduled and placed on a lower schedule under federal law, and   notice of those facts is given to the commissioner, as soon as   practicable the commissioner similarly shall delete or reschedule   the substance under this chapter.          SECTION 2.  The changes in law made by this Act apply only to   a controlled substance deleted as a controlled substance or   rescheduled and placed on a lower schedule under federal law on or   after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.