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A BILL TO BE ENTITLED
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AN ACT
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relating to misrepresentations in connection with certain drug |
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testing devices or equipment; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 17, Business & Commerce |
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Code, is amended by adding Section 17.463 to read as follows: |
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Sec. 17.463. CERTAIN DRUG TESTING DEVICES OR EQUIPMENT. |
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(a) A manufacturer or seller of a drug testing device or equipment |
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may not represent to a consumer that the device or equipment is |
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capable of or certified for returning quantitative drug test |
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results if the device or equipment has not been approved by the |
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United States Food and Drug Administration to perform quantitative |
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drug tests. |
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(b) A person who violates this section commits an offense. |
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Each violation constitutes a separate offense. |
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(c) An offense under Subsection (b) is a Class C |
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misdemeanor. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or of |
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any other law, including the Penal Code, the actor may be prosecuted |
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under either section or under both sections. |
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(e) A violation of this section is a false, misleading, or |
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deceptive act or practice under this subchapter, and any public or |
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private right or remedy prescribed by this subchapter may be used to |
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enforce this section. |
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SECTION 2. This Act takes effect September 1, 2013. |