By: Wentworth S.B. No. 656
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of certain products containing ephedrine
1-2 to a person 17 years of age or younger; creating an offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 431, Health and Safety
1-5 Code, is amended by adding Section 431.022 to read as follows:
1-6 Sec. 431.022. OFFENSE: TRANSFER OF PRODUCT CONTAINING
1-7 EPHEDRINE. (a) A person commits an offense if the person
1-8 knowingly sells, transfers, or otherwise furnishes a product
1-9 containing ephedrine to a person 17 years of age or younger,
1-10 unless:
1-11 (1) the actor is:
1-12 (A) a practitioner or other health care provider
1-13 licensed by this state who has obtained, as required by law,
1-14 consent to the treatment of the person to whom the product is
1-15 furnished; or
1-16 (B) the parent, guardian, or managing
1-17 conservator of the person to whom the product is furnished;
1-18 (2) the person to whom the product is furnished has
1-19 had the disabilities of minority removed for general purposes under
1-20 Chapter 31, Family Code; or
1-21 (3) the product is a drug.
1-22 (b) An offense under this section is a Class C misdemeanor
1-23 unless it is shown on the trial of the offense that the defendant
1-24 has been previously convicted of an offense under this section, in
2-1 which event the offense is a Class B misdemeanor.
2-2 (c) A product containing ephedrine that is not described in
2-3 Subsection (a)(3) must be labeled in accordance with rules adopted
2-4 by the Texas Department of Health to indicate that sale to persons
2-5 17 years of age or younger is prohibited.
2-6 SECTION 2. This Act takes effect September 1, 1999.