SB 1869 Texas Senate · 89th Legislature (2025)

Relating to the procedures for modifying the schedules of controlled substances.

SB 1869 would change Texas law to require the Health and Safety Commissioner to hold a public hearing in Austin and obtain executive commissioner approval before modifying the state's schedules of controlled substances, except for annual updates aligning with federal changes. The bill clarifies that legislative actions on penalty groups (e.g., sentencing levels) do not affect the schedule, and the legislature must directly pass a bill to add, remove, or reschedule a substance. It also mandates that the commissioner annually update schedules to reflect federal modifications and consider factors like abuse potential, public health risks, and scientific evidence when making changes. This procedural bill affects how Texas manages controlled substances schedules, ensuring transparency and aligning with federal processes.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Governor
Introduced Mar 4, 2025 Last action Apr 22, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 5 edits · Apr 15, 2025
MODERATE
This bill amends the Texas Health and Safety Code to update procedures for modifying controlled substance schedules, aligning state actions with federal designations and clarifying the commissioner's authority. It adds new sections to interpret the subchapter, limit judicial review of scheduling decisions, and exclude these actions from certain government code provisions. The changes strengthen the commissioner's power to manage schedules independently while ensuring alignment with federal law.
Scope change
The bill expands the commissioner's authority to manage controlled substance schedules and limits judicial review of those decisions, while also clarifying that these actions are exempt from certain government code provisions.
REQUIREMENT

Added new sections 481.038 and 481.039 to establish interpretation rules and limit judicial review of scheduling decisions

Added Section 2001.228 to the Government Code to exclude controlled substance scheduling actions from certain administrative procedures

Repealed Section 481.034(e) which is no longer needed after the amendments

ENFORCEMENT

Modified Section 481.034 to clarify that federal designations of controlled substances must be adopted by the commissioner unless objected to within a 90-day period

TIMELINE

Changed the objection period for federal designations from 30 days to 90 days

Floor votes · Senate Apr 15, 2025

How they voted

246
Passed
Total votes 30
Apr 15, 2025
D Democratic10
4 Yea 6 Nay
60% Nay
R Republican20
20 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
5
Committee
6
Apr 22, 2025
Committee
Referred to Public Health
lower
Apr 22, 2025
Introduced
Read first time
lower
Apr 16, 2025
Introduced
Received from the Senate
lower
Apr 15, 2025
Upper · Passed
Passed
upper
Apr 7, 2025
Upper · Passed
Committee report printed and distributed
upper
Apr 7, 2025
Upper · Passed
Reported favorably as substituted
upper
Apr 2, 2025
Upper · Passed
Vote taken in committee
upper
Apr 1, 2025
Upper · Passed
Left pending in committee
upper
Mar 17, 2025
Committee
Referred to Health & Human Services
upper
Mar 17, 2025
Introduced
Read first time
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Charles Perry
Charles Perry
RRepublican
TX
28