Continuing our analysis of the Texas Controlled Substances Act, we will explore some of the administrative agencies that are charged with implementing this act. The Act, which is codified in Chapter 481 of the Texas Controlled Substances Act, charges the commissioner to establish and modify Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. Texas Health and Safety Code section 481.032. The code then defines commissioner as the commisioner of public health. Texas Health and Safety Code section 481.002.
Each year, the commissioner must establish the schedules of controlled substances each year. Generally, the commissioner must hold a hearing if he or she plans on making a alteration in a schedule. The commissioner has several rules regarding his or rule making ability. The commissioner cannot
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- reschedule a substance if the substance has been placed in a schedule by the legislature;
- delete a substance if the substance has been added to the schedules by the legislature; and
- add a substance if the schedule has been deleted by the legislature.