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.