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.