Final answer:
The Texas State Legislature has the authority to add, delete, or reschedule substances under the Texas Controlled Substances Act. Other entities like the Governor, Department of Public Safety, or Attorney General generally do not possess this power according to the separation of powers outlined in the Texas Constitution. Furthermore, state actions must align with federal law and cannot supersede it.
Step-by-step explanation:
Under the Texas Controlled Substances Act, the power to add, delete, or reschedule a substance is typically vested in the Texas State Legislature. The Constitution of Texas strictly adheres to the separation of powers among the three branches of government, which are the legislative, executive, and judicial departments. Because of this separation of powers, none of these departments can exercise powers that belong to another, unless explicitly authorized by the Texas Constitution. Therefore, the Governor of Texas, the Texas Department of Public Safety, and the Texas Attorney General do not generally have the authority to alter the scheduling of controlled substances. These adjustments are usually a legislative function, requiring an act by the Texas State Legislature to change the legal status of a substance.
It is also important to note that any state actions, such as adding, deleting, or rescheduling substances, can not contravene federal law. As the Controlled Substances Act (CSA) is federal law, states' individual policies and regulations must exist within the framework established by Congress. While some states have moved to legalize substances like marijuana for certain uses, this does not negate the CSA or the federal government's authority over controlled substances. The interaction between state and federal laws on controlled substances can be complex due to these legal considerations.