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