Health and Safety Code
CHAPTER 483. DANGEROUS DRUGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 483.0001. Short Title.
This Act may be cited as the Texas Dangerous Drug Act.
Added by Acts 1993, 73rd Leg., ch. 789, Sec. 18, eff. Sept. 1,
1993.
Sec. 483.001. Definitions.
In this chapter:
(1) "Board" means the Texas State Board of Pharmacy.
(2) "Dangerous drug" means a device or a drug that is unsafe
for self-medication and that is not included in Schedules I
through V or Penalty Groups 1 through 4 of Chapter 481 (Texas
Controlled Substances Act). The term includes a device or a
drug that bears or is required to bear the legend:
(A) Caution: federal law prohibits dispensing without
prescription; or
(B) Caution: federal law restricts this drug to use by
or on the order of a licensed veterinarian.
(3) "Deliver" means to sell, dispense, give away, or supply
in any other manner.
(4) "Designated agent" means:
(A) a licensed nurse, physician assistant, pharmacist,
or other individual designated by a practitioner to
communicate prescription drug orders to a pharmacist;
(B) a licensed nurse, physician assistant, or pharmacist
employed in a health care facility to whom the practitioner
communicates a prescription drug order; or
(C) a registered nurse or physician assistant authorized
by a practitioner to carry out a prescription drug order for
dangerous drugs under Section 3.06(d)(5) or (6), Medical
Practice Act (Article 4495b, Vernon's Texas Civil Statutes).
(5) "Dispense" means to prepare, package, compound, or label
a dangerous drug in the course of professional practice for
delivery under the lawful order of a practitioner to an
ultimate user or the user's agent.
(6) "Manufacturer" means a person, other than a pharmacist,
who manufactures dangerous drugs. The term includes a person
who prepares dangerous drugs in dosage form by mixing,
compounding, encapsulating, entableting, or any other process.
(7) "Patient" means:
(A) an individual for whom a dangerous drug is
prescribed or to whom a dangerous drug is administered; or
(B) an owner or the agent of an owner of an animal for
which a dangerous drug is prescribed or to which a dangerous
drug is administered.
(8) "Person" includes an individual, corporation,
partnership, and association.
(9) "Pharmacist" means a person licensed by the Texas State
Board of Pharmacy to practice pharmacy.
(10) "Pharmacy" means a facility where prescription drug or
medication orders are received, processed, dispensed, or
distributed under this chapter, Chapter 481, and the Texas
Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes).
The term does not include a narcotic drug treatment program
that is regulated by Chapter 466, Health and Safety Code .
(11) "Practice of pharmacy" means:
(A) provision of those acts or services necessary to
provide pharmaceutical care;
(B) interpretation and evaluation of prescription drug
orders or medication orders;
(C) participation in drug and device selection as
authorized by law, drug administration, drug regimen review,
or drug or drug-related research;
(D) provision of patient counseling;
(E) responsibility for:
(i) dispensing of prescription drug orders or
distribution of medication orders in the patient's best interest;
(ii) compounding and labeling of drugs and
devices, except labeling by a manufacturer, repackager, or
distributor of nonprescription drugs and commercially packaged
prescription drugs and devices;
(iii) proper and safe storage of drugs and
devices; or
(iv) maintenance of proper records for drugs
and devices. In this subdivision, "device" has the meaning
assigned by the Texas Pharmacy Act (Article 4542a-1, Vernon's
Texas Civil Statutes); or
(F) performance of a specific act of drug therapy
management for a patient delegated to a pharmacist by a
written protocol from a physician licensed by the state
under the Medical Practice Act (Article 4495b, Vernon's
Texas Civil Statutes).
(12) "Practitioner" means a person licensed:
(A) by the Texas State Board of Medical Examiners, State
Board of Dental Examiners, Texas State Board of Podiatric
Medical Examiners, Texas Optometry Board, or State Board of
Veterinary Medical Examiners to prescribe and administer
dangerous drugs;
(B) by another state in a health field in which, under
the laws of this state, a licensee may legally prescribe
dangerous drugs; or
(C) in Canada or Mexico in a health field in which,
under the laws of this state, a licensee may legally
prescribe dangerous drugs.
(13) "Prescription" means an order from a practitioner, or
an agent of the practitioner designated in writing as
authorized to communicate prescriptions, or an order made in
accordance with Section 3.06(d)(5) or (6), Medical Practice Act
(Article 4495b, Vernon's Texas Civil Statutes), or Section 16A,
Texas Midwifery Act (Article 4512i, Vernon's Texas Civil
Statutes), to a pharmacist for a dangerous drug to be dispensed
that states:
(A) the date of the order's issue;
(B) the name and address of the patient;
(C) if the drug is prescribed for an animal, the species
of the animal;
(D) the name and quantity of the drug prescribed;
(E) the directions for the use of the drug;
(F) the intended use of the drug unless the practitioner
determines the furnishing of this information is not in the
best interest of the patient;
(G) the name, address, and telephone number of the
practitioner at the practitioner's usual place of business,
legibly printed or stamped; and
(H) the name, address, and telephone number of the
documented midwife, registered nurse, or physician
assistant, legibly printed or stamped, if signed by a
documented midwife, registered nurse, or physician
assistant.
(14) "Warehouseman" means a person who stores dangerous
drugs for others and who has no control over the disposition of
the drugs except for the purpose of storage.
(15) "Wholesaler" means a person engaged in the business of
distributing dangerous drugs to a person listed in Sections
483.041(c)(1)-(6).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Secs. 5.03(h),
5.04(b), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec.
200, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 237, Sec. 10,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 588, Sec. 26, eff.
Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 351, Sec. 29, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 789, Sec. 18, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 965, Secs. 6, 82, eff. June 16, 1995;
Acts 1997, 75th Leg., ch. 1095, Sec. 18, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1180, Sec. 22, eff. Sept. 1, 1997.
Sec. 483.002. Rules.
The board may adopt rules for the proper administration and
enforcement of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.003. Board of Health Hearings Regarding Certain Dangerous Drugs.
(a) The Texas Board of Health may hold public hearings in
accordance with Chapter 2001, Government Code to determine
whether there is compelling evidence that a dangerous drug has
been abused, either by being prescribed for nontherapeutic
purposes or by the ultimate user.
(b) On making that finding, the Texas Board of Health may limit
the availability of the abused drug by permitting its dispensing
only on the prescription of a practitioner described by Section
483.001(12)(A) or (B).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1180, Sec. 23, eff.
Sept. 1, 1997.
Sec. 483.004. Commissioner of Health Emergency Authority Relating to
Dangerous Drugs.
If the commissioner of health has compelling evidence that an
immediate danger to the public health exists as a result of the
prescription of a dangerous drug by practitioners described by
Section 483.001(12)(C), the commissioner may use the
commissioner's existing emergency authority to limit the
availability of the drug by permitting its prescription only by
practitioners described by Section 483.001(12)(A) or (B).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. DUTIES OF PHARMACISTS, PRACTITIONERS, AND OTHER
PERSONS
Sec. 483.021. Determination by Pharmacist on Request to Dispense Drug.
(a) A pharmacist who is requested to dispense a dangerous drug
under a prescription issued by a practitioner described by
Section 483.001(12)(C) shall determine, in the exercise of the
pharmacist's professional judgment, that:
(1) the prescription is authentic;
(2) the prescription was issued under a valid patient-physician
relationship; and
(3) the prescribed drug is considered necessary for the treatment
of illness.
(b) A pharmacist who is requested to dispense a dangerous drug
under a prescription issued by a therapeutic optometrist shall
determine, in the exercise of the pharmacist's professional
judgment, whether the prescription is for a dangerous drug that a
therapeutic optometrist is authorized to prescribe under Section
1.03, Texas Optometry Act (Article 4552-1.01 et seq., Vernon's
Texas Civil Statutes).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 588, Sec. 27, eff. Sept. 1,
1991.
Sec. 483.022. Practitioner's Designated Agent; Practitioner's
Responsibilities.
(a) A practitioner shall provide in writing the name of each
designated agent as defined by Section 483.001(4)(A) and (C), and
the name of each healthcare facility which employs persons
defined by Section 483.001(4)(B).
(b) The practitioner shall maintain at the practitioner's usual
place of business a list of the designated agents or healthcare
facilities as defined by Section 483.001(4).
(c) The practitioner shall provide a pharmacist with a copy of
the practitioner's written authorization for a designated agent
as defined by Section 483.001(4) on the pharmacist's request.
(d) This section does not relieve a practitioner or the
practitioner's designated agent from the requirements of Section
40, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
Statutes).
(e) A practitioner remains personally responsible for the
actions of a designated agent who communicates a prescription to
a pharmacist.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 201, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 237, Sec. 11, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 19, eff. Sept. 1,
1993.
Sec. 483.023. Retention of Prescriptions.
A pharmacy shall retain a prescription for a dangerous drug
dispensed by the pharmacy for two years after the date of the
initial dispensing or the last refilling of the prescription,
whichever date is later.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.024. Records of Acquisition or Disposal.
The following persons shall maintain a record of each
acquisition and each disposal of a dangerous drug for two years
after the date of the acquisition or disposal:
(1) a pharmacy;
(2) a practitioner;
(3) a person who obtains a dangerous drug for lawful
research, teaching, or testing purposes, but not for resale;
(4) a hospital that obtains a dangerous drug for lawful
administration by a practitioner; and
(5) a manufacturer or wholesaler registered with the
commissioner of health under Chapter 431 (Texas Food, Drug, and
Cosmetic Act).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.025. Inspections; Inventories.
A person required to keep records relating to dangerous drugs
shall:
(1) make the records available for inspection and copying at
all reasonable hours by any public official or employee engaged
in enforcing this chapter; and
(2) allow the official or employee to inventory all stocks
of dangerous drugs on hand.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. CRIMINAL PENALTIES
Sec. 483.041. Possession of Dangerous Drug.
(a) A person commits an offense if the person possesses a
dangerous drug unless the person obtains the drug from a
pharmacist acting in the manner described by Section
483.042(a)(1) or a practitioner acting in the manner described by
Section 483.042(a)(2).
(b) Except as permitted by this chapter, a person commits an
offense if the person possesses a dangerous drug for the purpose
of selling the drug.
(c) Subsection (a) does not apply to the possession of a
dangerous drug in the usual course of business or practice or in
the performance of official duties by the following persons or an
agent or employee of the person:
(1) a pharmacy licensed by the board;
(2) a practitioner;
(3) a person who obtains a dangerous drug for lawful research,
teaching, or testing, but not for resale;
(4) a hospital that obtains a dangerous drug for lawful
administration by a practitioner;
(5) an officer or employee of the federal, state, or local
government;
(6) a manufacturer or wholesaler licensed by the commissioner of
health under Chapter 431 (Texas Food, Drug, and Cosmetic Act);
(7) a carrier or warehouseman;
(8) a home and community support services agency licensed under
and acting in accordance with Chapter 142; or
(9) a documented midwife who obtains oxygen for administration to
a mother or newborn or who obtains a dangerous drug for the
administration of prophylaxis to a newborn for the prevention of
ophthalmia neonatorum in accordance with Section 16A, Texas
Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes).
(d) An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(f), eff.
Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 16, Sec. 2, eff. April 2,
1993; Acts 1993, 73rd Leg., ch. 789, Sec. 20, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 307, Sec. 2, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 318, Sec. 41, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 1095, Sec. 19, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1129, Sec. 2, eff. Sept. 1, 1997.
Sec. 483.042. Delivery or Offer of Delivery of Dangerous Drug.
(a) A person commits an offense if the person delivers or
offers to deliver a dangerous drug:
(1) unless:
(A) the dangerous drug is delivered or offered for
delivery by a pharmacist under:
(i) a prescription issued by a practitioner
described by Section 483.001(12)(A) or (B);
(ii) a prescription signed by a registered
nurse or physician assistant in accordance with Section
3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's
Texas Civil Statutes); or
(iii) an original written prescription issued
by a practitioner described by Section 483.001(12)(C); and
(B) a label is attached to the immediate container in
which the drug is delivered or offered to be delivered and
the label contains the following information:
(i) the name and address of the pharmacy from
which the drug is delivered or offered for delivery;
(ii) the date the prescription for the drug
is dispensed;
(iii) the number of the prescription as filed
in the prescription files of the pharmacy from which the
prescription is dispensed;
(iv) the name of the practitioner who
prescribed the drug and, if applicable, the name of the
registered nurse or physician assistant who signed the
prescription;
(v) the name of the patient and, if the drug
is prescribed for an animal, a statement of the species of the
animal; and
(vi) directions for the use of the drug as
contained in the prescription; or
(2) unless:
(A) the dangerous drug is delivered or offered for
delivery by:
(i) a practitioner in the course of practice;
or
(ii) a registered nurse or physician
assistant in the course of practice in accordance with Section
3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's
Texas Civil Statutes); and
(B) a label is attached to the immediate container in
which the drug is delivered or offered to be delivered and
the label contains the following information:
(i) the name and address of the practitioner
who prescribed the drug, and if applicable, the name and address
of the registered nurse or physician assistant;
(ii) the date the drug is delivered;
(iii) the name of the patient and, if the
drug is prescribed for an animal, a statement of the species of
the animal; and
(iv) the name of the drug, the strength of
the drug, and directions for the use of the drug.
(b) Subsection (a) does not apply to the delivery or offer for
delivery of a dangerous drug to a person listed in Section
483.041(c) for use in the usual course of business or practice or
in the performance of official duties by the person.
(c) Proof of an offer to sell a dangerous drug must be
corroborated by a person other than the offeree or by evidence
other than a statement by the offeree.
(d) An offense under this section is a state jail felony.
(e) The labeling provisions of Subsection (a) do not apply to a
dangerous drug prescribed or dispensed for administration to a
patient who is institutionalized. The board shall adopt rules
for the labeling of such a drug.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(g), eff.
Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 287, Sec. 34, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 789, Sec. 21, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 900, Sec. 2.04, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 965, Sec. 7, eff. June 16, 1995; Acts
1997, 75th Leg., ch. 1180, Sec. 24, eff. Sept. 1, 1997.
Sec. 483.043. Manufacture of Dangerous Drug.
(a) A person commits an offense if the person manufactures a
dangerous drug and the person is not authorized by law to
manufacture the drug.
(b) An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.05, eff. Sept.
1, 1994.
Sec. 483.045. Forging or Altering Prescription.
(a) A person commits an offense if the person:
(1) forges a prescription or increases the prescribed
quantity of a dangerous drug in a prescription;
(2) issues a prescription bearing a forged or fictitious
signature;
(3) obtains or attempts to obtain a dangerous drug by using
a forged, fictitious, or altered prescription;
(4) obtains or attempts to obtain a dangerous drug by means
of a fictitious or fraudulent telephone call; or
(5) possesses a dangerous drug obtained by a forged,
fictitious, or altered prescription or by means of a fictitious
or fraudulent telephone call.
(b) An offense under this section is a Class B misdemeanor
unless it is shown on the trial of the defendant that the
defendant has previously been convicted of an offense under this
chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.046. Failure to Retain Prescription.
(a) A pharmacist commits an offense if the pharmacist:
(1) delivers a dangerous drug under a prescription; and
(2) fails to retain the prescription as required by Section
483.023.
(b) An offense under this section is a Class B misdemeanor
unless it is shown on the trial of the defendant that the
defendant has previously been convicted of an offense under this
chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.047. Refilling Prescription Without Authorization.
(a) Except as authorized by Subsection (b), a pharmacist
commits an offense if the pharmacist refills a prescription
unless:
(1) the prescription contains an authorization by the
practitioner for the refilling of the prescription, and the
pharmacist refills the prescription in the manner provided by the
authorization; or
(2) at the time of refilling the prescription, the pharmacist
is authorized to do so by the practitioner who issued the
prescription.
(b) A pharmacist may exercise his professional judgment in
refilling a prescription for a dangerous drug without the
authorization of the prescribing practitioner provided:
(1) failure to refill the prescription might result in an
interruption of a therapeutic regimen or create patient
suffering;
(2) either:
(A) a natural or manmade disaster has occurred which
prohibits the pharmacist from being able to contact the
practitioner; or
(B) the pharmacist is unable to contact the practitioner
after reasonable effort;
(3) the quantity of drug dispensed does not exceed a 72-hour
supply;
(4) the pharmacist informs the patient or the patient's
agent at the time of dispensing that the refill is being
provided without such authorization and that authorization of
the practitioner is required for future refills; and
(5) the pharmacist informs the practitioner of the emergency
refill at the earliest reasonable time.
(c) An offense under this section is a Class B misdemeanor
unless it is shown on the trial of the defendant that the
defendant has previously been convicted under this chapter, in
which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 22, eff. Sept. 1,
1993.
Sec. 483.048. Unauthorized Communication of Prescription.
(a) An agent of a practitioner commits an offense if the agent
communicates by telephone a prescription unless the agent is
designated in writing under Section 483.022 as authorized by the
practitioner to communicate prescriptions by telephone.
(b) An offense under this section is a Class B misdemeanor
unless it is shown on the trial of the defendant that the
defendant has previously been convicted of an offense under this
chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.049. Failure to Maintain Records.
(a) A person commits an offense if the person is required to
maintain a record under Section 483.023 or 483.024 and the person
fails to maintain the record in the manner required by those
sections.
(b) An offense under this section is a Class B misdemeanor
unless it is shown on the trial of the defendant that the
defendant has previously been convicted of an offense under this
chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.050. Refusal to Permit Inspection.
(a) A person commits an offense if the person is required to
permit an inspection authorized by Section 483.025 and fails to
permit the inspection in the manner required by that section.
(b) An offense under this section is a Class B misdemeanor
unless it is shown on the trial of the defendant that the
defendant has previously been convicted of an offense under this
chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.051. Using or Revealing Trade Secret.
(a) A person commits an offense if the person uses for the
person's advantage or reveals to another person, other than to an
officer or employee of the board or to a court in a judicial
proceeding relevant to this chapter, information relating to
dangerous drugs required to be kept under this chapter, if that
information concerns a method or process subject to protection as
a trade secret.
(b) An offense under this section is a Class B misdemeanor
unless it is shown on the trial of the defendant that the
defendant has previously been convicted of an offense under this
chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.052. Violation of Other Provision.
(a) A person commits an offense if the person violates a
provision of this chapter other than a provision for which a
specific offense is otherwise described by this chapter.
(b) An offense under this section is a Class B misdemeanor,
unless it is shown on the trial of the defendant that the
defendant has previously been convicted of an offense under this
chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.053. Preparatory Offenses.
Title 4, Penal Code, applies to an offense under this
subchapter.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 40, eff. Sept. 1,
1995.
SUBCHAPTER D. CRIMINAL AND CIVIL PROCEDURE
Sec. 483.071. Exceptions; Burden of Proof.
(a) In a complaint, information, indictment, or other action or
proceeding brought for the enforcement of this chapter, the state
is not required to negate an exception, excuse, proviso, or
exemption contained in this chapter.
(b) The defendant has the burden of proving the exception,
excuse, proviso, or exemption.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.072. Uncorroborated Testimony.
A conviction under this chapter may be obtained on the
uncorroborated testimony of a party to the offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.073. Search Warrant.
A peace officer may apply for a search warrant to search for
dangerous drugs possessed in violation of this chapter. The
peace officer must apply for and execute the search warrant in
the manner prescribed by the Code of Criminal Procedure.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.074. Seizure and Destruction.
(a) A dangerous drug that is manufactured, sold, or possessed
in violation of this chapter is contraband and may be seized by
an employee of the board or by a peace officer authorized to
enforce this chapter and charged with that duty.
(b) If a dangerous drug is seized under Subsection (a), the
board may direct an employee of the board or an authorized peace
officer to destroy the drug. The employee or authorized peace
officer directed to destroy the drug must act in the presence of
another employee of the board or authorized peace officer and
shall destroy the drug in any manner designated as appropriate by
the board.
(c) Before the dangerous drug is destroyed, an inventory of the
drug must be prepared. The inventory must be accompanied by a
statement that the dangerous drug is being destroyed at the
direction of the board, by an employee of the board or an
authorized peace officer, and in the presence of another employee
of the board or authorized peace officer. The statement must
also contain the names of the persons in attendance at the time
of destruction, state the capacity in which each of those persons
acts, be signed by those persons, and be sworn to by those
persons that the statement is correct. The statement shall be
filed with the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 237, Sec. 12, eff. Sept. 1,
1991.
Sec. 483.075. Injunction.
The board may institute an action in its own name to enjoin a
violation of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 483.076. Legal Representation of Board.
(a) If the board institutes a legal proceeding under this
chapter, the board may be represented only by a county attorney,
a district attorney, or the attorney general.
(b) The board may not employ private counsel in any legal
proceeding instituted by or against the board under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989