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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the sale of salvia divinorum; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. SALE OF SALVIA DIVINORUM |
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Sec. 161.091. SALE OF SALVIA DIVINORUM TO PERSONS YOUNGER |
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THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED. (a) A |
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person commits an offense if the person, with criminal negligence: |
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(1) sells, gives, or causes to be sold or given salvia |
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divinorum to someone who is younger than 18 years of age; or |
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(2) sells, gives, or causes to be sold or given salvia |
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divinorum to another person who intends to deliver it to someone who |
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is younger than 18 years of age. |
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(b) If an offense under this section occurs in connection |
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with a sale by an employee of the owner of a store in which salvia |
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divinorum is sold at retail, the employee is criminally responsible |
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for the offense and is subject to prosecution. |
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(c) An offense under this section is a Class C misdemeanor. |
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(d) It is a defense to prosecution under Subsection (a)(1) |
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that the person to whom the salvia divinorum was sold or given |
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presented to the defendant apparently valid proof of |
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identification. |
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(e) A proof of identification satisfies the requirements of |
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Subsection (d) if it contains a physical description and photograph |
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consistent with the person's appearance, purports to establish that |
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the person is 18 years of age or older, and was issued by a |
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governmental agency. The proof of identification may include a |
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driver's license issued by this state or another state, a passport, |
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or an identification card issued by a state or the federal |
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government. |
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SECTION 2. This Act takes effect September 1, 2007. |