2005 Texas Tax Code CHAPTER 159. CONTROLLED SUBSTANCES TAX

TAX CODE

CHAPTER 159. CONTROLLED SUBSTANCES TAX

SUBCHAPTER A. GENERAL PROVISIONS


	§ 159.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Controlled substance" has the meaning assigned by 
Section 481.002, Health and Safety Code.
		(2)  "Counterfeit substance" has the meaning assigned 
by Section 481.002, Health and Safety Code.
		(3)  "Dealer" means a person who in violation of the law 
of this state imports into this state or manufactures, produces, 
acquires, or possesses in this state:
			(A)  seven grams or more of a taxable substance 
consisting of or containing a controlled substance, counterfeit 
substance, or simulated controlled substance;  
			(B)  fifty dosage units or more of a taxable 
substance not commonly sold by weight, consisting of or containing 
a controlled substance, counterfeit substance, or simulated 
controlled substance;  or
			(C)  more than four ounces of a taxable substance 
consisting of or containing marihuana.
		(4)  "Marihuana" has the meaning assigned by Section 
481.002, Health and Safety Code.
		(5)  "Simulated controlled substance" has the meaning 
assigned by Section 482.001, Health and Safety Code.
		(6)  "Tax payment certificate" means a stamp or other 
device provided by the comptroller under Section 159.003 of this 
code for use under this chapter.
		(7)  "Taxable substance" means a controlled substance, 
a counterfeit substance, a simulated controlled substance, or 
marihuana, or a mixture of any materials that contains a controlled 
substance, counterfeit substance, simulated controlled substance, 
or marihuana.
		(8)  "Dosage unit" means a tablet, pill, capsule, vial, 
ampule, or other identifiable or separated unit designed or 
packaged to be used, taken, or ingested at one time.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(45), (65), eff. 
Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 705, § 20, eff. Sept. 1, 
1991;  Acts 1993, 73rd Leg., ch. 1031, § 23, eff. Sept. 1, 1993.


	§ 159.002. MEASUREMENTS.  For purposes of this chapter, 
the weight of a taxable substance is its weight in the possession of 
the dealer.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.          


	§ 159.003. TAX PAYMENT CERTIFICATES.  (a) The comptroller 
shall adopt a uniform system for providing, affixing, and 
displaying official tax payment certificates to be attached to a 
taxable substance as evidence that the tax imposed by this chapter 
has been paid.
	(b)  A tax payment certificate may not be used more than 
once.               

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.          


	§ 159.004. NO DEFENSE OR IMMUNITY.  Nothing in this 
chapter provides a defense or affirmative defense to, exception to, 
or immunity from prosecution under the penal laws of this state 
relating to controlled substances, counterfeit substances, 
simulated controlled substances, or marihuana.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.          


	§ 159.005. CONFIDENTIAL INFORMATION.  (a) Information 
provided by a person in a report or return made for purposes of 
paying a tax imposed by this chapter is confidential.
	(b)  The comptroller or any other public official or employee 
commits an offense if he reveals information made confidential by 
this section to any person other than:
		(1)  to the comptroller or a public official or 
employee whose duties involve the administration or collection of 
the taxes imposed by this chapter;  or
		(2)  in a judicial proceeding involving a tax imposed 
by this chapter.      
	(c)  An offense under Subsection (b) of this section is a 
Class A misdemeanor.
	(d)  Except in a prosecution directly related to a tax 
imposed by this chapter, information made confidential by this 
section may not be used in any way in a prosecution of the dealer for 
whom the report or return is made unless the information is obtained 
independently of the report or return.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.          

SUBCHAPTER B. IMPOSITION, RATE, AND PAYMENT OF TAX


	§ 159.101. TAX IMPOSED;  RATE OF TAX.  (a) A tax is 
imposed on the possession, purchase, acquisition, importation, 
manufacture, or production by a dealer of a taxable substance on 
which a tax has not previously been paid under this chapter.
	(b)  The rate of the tax is:                                                   
		(1)  $200 for each gram of a taxable substance 
consisting of or containing a controlled substance, counterfeit 
substance, or simulated controlled substance;
		(2)  $3.50 for each gram of a taxable substance 
consisting of or containing marihuana;  and
		(3)  $2,000 on each 50 dosage units, or portion of 50 
dosage units, if the total amount is less than 50 dosage units, of a 
controlled substance that is not sold by weight.
	(c)  The tax becomes due immediately when a dealer possesses, 
purchases, acquires, manufactures, or produces in this state or 
imports into this state the taxable substance on which the tax has 
not previously been paid.
	(d)  In determining the total weight of taxable substance, a 
part of a gram remaining after the measurement of whole grams is 
considered as one gram.
	(e)  For purposes of this section, if a taxable substance 
consists of a mixture containing both marihuana and another 
substance listed in the definition of taxable substance provided by 
Section 159.001 of this code, the taxable substance is taxable 
under Subsection (b)(1) of this section and not under Subsection 
(b)(2) of this section.
	(f)  If a determination made under this chapter becomes final 
without payment of the amount of the determination being made, the 
comptroller shall add to the amount a penalty of 10 percent of the 
amount of the tax and interest.
	(g)  In a redetermination proceeding held or a judicial 
proceeding brought under this chapter, a certificate from the 
comptroller that shows the issued determination is prima facie 
evidence of:
		(1)  the determination of the stated tax or amount of 
the tax;              
		(2)  the stated amount of the penalties and interest;  
and                  
		(3)  the compliance of the comptroller with this 
chapter in computing and determining the amount due.
	(h)  The suppression of evidence on any ground in a criminal 
case that arises out of facts on which a determination is made under 
this chapter or the dismissal of criminal charges in such a case 
does not affect a determination made under this chapter.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1991, 72nd Leg., ch. 484, § 1, eff. Sept. 1, 
1991;  Acts 1991, 72nd Leg., ch. 705, § 21, eff. Sept. 1, 1991;  
Acts 1995, 74th Leg., ch. 1000, § 57, eff. Oct. 1, 1995.


	§ 159.102. TAX PAYMENT CERTIFICATE REQUIRED.  (a) A 
dealer who pays a tax imposed by this chapter shall securely affix 
in the manner required by the comptroller to the taxable substance 
the appropriate tax payment certificate to show payment of the tax.
	(b)  A dealer shall obtain the necessary tax payment 
certificates before the tax becomes due as provided by Section 
159.101 of this code.  The possession of a taxable substance without 
the possession of the requisite amount or number of certificates is 
prima facie evidence that and is notice that the tax has not been 
paid as required by this chapter.
	(c)  The comptroller's rules shall provide for the return of 
unused certificates and for the refund of money for returned 
certificates.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.          


	§ 159.103. EXEMPTION.  The possession, purchase, 
acquisition, importation, manufacture, or production of a taxable 
substance is exempt from the tax imposed by this chapter if the 
activity is authorized by law.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1995, 74th Leg., ch. 1000, § 58, eff. Oct. 1, 
1995.

SUBCHAPTER C. CRIMINAL PROVISIONS


	§ 159.201. POSSESSION OF ITEM IF TAX UNPAID.  (a) A dealer 
commits an offense if the dealer possesses a taxable substance on 
which the tax imposed by this chapter has not been paid.
	(b)  An offense under this section is a felony of the third 
degree.  In addition to the fine provided by law for a felony of the 
third degree, a person convicted of an offense under this section 
shall be fined an amount equal to the amount of tax due and unpaid on 
the taxable substance that is the subject of the offense.
	(c)  An indictment for an offense under this section may be 
presented within six years from the date of the offense and not 
afterward.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.          


	§ 159.202. COUNTERFEIT TAX PAYMENT CERTIFICATES.  (a) A 
person commits an offense if the person:
		(1)  prints, engraves, makes, issues, sells, or 
circulates a counterfeit tax payment certificate;
		(2)  possesses with intent to use, sell, circulate, or 
pass a counterfeit tax payment certificate;  or
		(3)  places or causes to be placed a counterfeit tax 
payment certificate on a taxable substance.
	(b)  An offense under this section is a felony of the third 
degree.          
	(c)  Venue of a prosecution under this section is in Travis 
County.          

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.          


	§ 159.203. PREVIOUSLY USED CERTIFICATES.  (a) A person 
commits an offense if the person:
		(1)  uses, sells, offers for sale, or possesses for use 
or sale previously used tax payment certificates;  or
		(2)  attaches or causes to be attached a previously 
used tax payment certificate to a taxable substance.
	(b)  An offense under this section is a felony of the third 
degree.          
	(c)  Venue of a prosecution under this section is in Travis 
County.          

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1995, 74th Leg., ch. 1000, § 60, eff. Oct. 1, 
1995.


	§ 159.205. RIGHT TO COLLECT SUBORDINATE TO OTHER 
LAWS.  (a) The right of the comptroller to collect the tax imposed 
by this chapter, including applicable penalty and interest, is 
subordinate to the right of a federal, state, or local law 
enforcement authority to seize, forfeit, and retain property under 
Chapter 481, Health and Safety Code;  Chapter 59, Code of Criminal 
Procedure;  or any other criminal forfeiture law of this state or of 
the United States.  A lien filed by the comptroller as a result of 
the failure of a dealer to pay the tax, penalty, or interest due 
under this chapter is also subordinate to those rights.
	(b)  This section does not affect the validity of a lien or a 
collection action relating to the tax imposed by this chapter under 
any other circumstance.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(54), eff. Sept. 1, 
1991;  Acts 1991, 72nd Leg., ch. 705, § 22, eff. Sept. 1, 1991;  
Acts 1995, 74th Leg., ch. 1000, § 61, eff. Oct. 1, 1995.


	§ 159.206. SETTLEMENT OR COMPROMISE OF TAX.  The 
comptroller may settle or compromise a tax, penalty, or interest 
imposed under this chapter only if:
		(1)  the prosecutor of a criminal offense under this 
chapter or of another offense arising out of the same incident or 
transaction requests in writing that the comptroller settle or 
compromise and specifies the reasons for the request;  and
		(2)  the comptroller determines that the settlement or 
compromise is in the best interest of the state.

Added by Acts 1991, 72nd Leg., ch. 705, § 23, eff. Sept. 1, 1991.  
Amended by Acts 1995, 74th Leg., ch. 1000, § 62, eff. Oct. 1, 
1995.

SUBCHAPTER D. DISPOSITION OF PROCEEDS


	§ 159.301. DISPOSITION OF PROCEEDS.  All proceeds from 
the collection of the tax, penalty, and interest imposed by this 
chapter shall be deposited to the credit of the general revenue 
fund. The fine imposed by Section 159.201(b) of this code and the 
fine provided by law for a felony shall be deposited to the credit 
of the county treasury of the county in which the offense occurred.

Added by Acts 1989, 71st Leg., ch. 1152, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1991, 72nd Leg., ch. 705, § 24, eff. Sept. 1, 
1991.