Laws and Regulations

By statute and rule, the DPS Precursor Chemical Laboratory Apparatus (PCLA) Program is responsible for regulating some precursor chemical laboratory apparatus.

Chemical precursor means:

 

Methylamine
Ethylamine
D-lysergic acid
Ergotamine tartrate
Diethyl malonate
Malonic acid
Ethyl malonate
Barbituric acid
Piperdine

N-acetylanthranilic acid
Pyrrolidine
Phenylacetic acid
Anthrancilic acid
Ephedrine
Pseudoephedrine
Norpseudoephendrine
Phenylpropanolamine
Hypophosphorous acid (by rule, TAC)
Red phosphorus (by rule, TAC)

 

Chemical laboratory apparatus means any item of equipment designed, made or adapted to manufacture a controlled substance or a controlled substance analogue, including:

 

a condenser
a distilling apparatus
a vacuum dryer
a three-neck or distilling flask
a tableting machine
an encapsulating machine
a filter, Buchner or separatory funnel

an Erlenmeyer, two-neck or single-neck flask
a round-bottom, Florence, thermometer or filtering flask
a Soxhlet extractor
a transformer
a flask heater
a heating mantel
an adapter tube

 

Texas Health and Safety Code, Chapter 481

Texas Administrative Code (TAC), Title 37, Part I, Chapter 13, Subchapter E, Precursors and Apparatus

Texas Higher Education Coordinating Board (MOU with DPS)

Texas Health and Safety Code, 481.0621(c)
Memorandum of Understanding, regarding PCLA

“DPS and the Texas Education Agency (TEA) shall adopt a memorandum of understanding that establishes the responsibilities of the agency, the department  and school districts in implementing and maintaining a program for reporting information concerning controlled substances, controlled substances analogues, chemical precursors and chemical laboratory apparatus used in educational or research activities of those schools and school districts.”

Inspections
Texas Health and Safety Code, Chapter 481, Subchapter F, Inspections, Evidence and Miscellaneous Law Enforcement Provisions

Texas Administrative Code, Chapter 13 Controlled Substances

Requirement to update information: Texas Administrative Code, Subchapter I, Record Keeping. 13.208

“Must notify DPS before the seventh day after any change … on the application, registration or permit.”

Criminal Offenses and Penalties
Texas Health and Safety Code to include: