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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale or delivery of salvia divinorum or Salvinorin A |
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to a child; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 48, Penal Code, is amended by adding |
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Section 48.03 to read as follows: |
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Sec. 48.03. PROHIBITION RELATING TO SALE OR DELIVERY OF |
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SALVIA DIVINORUM TO CHILD. (a) In this section, "child" means a |
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person younger than 18 years of age. |
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(b) A person commits an offense if the person, with criminal |
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negligence, sells, delivers, or causes to be sold or delivered |
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salvia divinorum, Salvinorin A, or a product containing salvia |
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divinorum or Salvinorin A to a child or to another person who |
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intends to deliver it to a child. |
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(c) An offense under this section is a Class C misdemeanor. |
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(d) It is not a defense to prosecution under this section |
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that, at the time of the offense, the actor was an employee of a |
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retail establishment that sold or offered for sale salvia |
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divinorum, Salvinorin A, or a product containing salvia divinorum |
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or Salvinorin A. |
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(e) It is a defense to prosecution under this section that |
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the child presented to the actor an apparently valid proof of |
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identification, including a driver's license issued by this state |
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or another state, a passport, or an identification certificate or |
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card issued by a state or the federal government. A proof of |
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identification satisfies the requirements of this subsection if the |
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identification: |
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(1) contains a physical description and photograph |
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consistent with the person's appearance; |
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(2) purports to establish that the person is 18 years |
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of age or older; and |
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(3) was issued by a governmental agency. |
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SECTION 2. This Act takes effect September 1, 2011. |