By: Taylor S.B. No. 992

(In the Senate - Filed March 1, 2013; March 12, 2013, read first time and referred to Committee on Business and Commerce; April 8, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 1; April 8, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 992 By: Taylor

A BILL TO BE ENTITLED

AN ACT

relating to misrepresentations in connection with certain drug testing devices or equipment; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.42, Penal Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows:

(b) A person commits an offense if in the course of business he intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices:

(1) using, selling, or possessing for use or sale a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(2) selling less than the represented quantity of a property or service;

(3) taking more than the represented quantity of property or service when as a buyer the actor furnishes the weight or measure;

(4) selling an adulterated or mislabeled commodity;

(5) passing off property or service as that of another;

(6) representing that a commodity is original or new if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, used, or secondhand;

(7) representing that a commodity or service is of a particular style, grade, or model if it is of another;

(8) advertising property or service with intent:

(A) not to sell it as advertised, or

(B) not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit;

(9) representing the price of property or service falsely or in a way tending to mislead;

(10) making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction;

(11) conducting a deceptive sales contest; [or]

(12) making a materially false or misleading statement:

(A) in an advertisement for the purchase or sale of property or service; or

(B) otherwise in connection with the purchase or sale of property or service; or

(13) manufacturing, selling, or attempting to sell a drug testing device or equipment and representing that the device or equipment is capable of or certified for returning quantitative drug test results if the device or equipment has not been approved by the United States Food and Drug Administration to perform quantitative drug tests.

(e) An offense under Subsection (b)(13) is a Class C misdemeanor. Each violation of Subsection (b)(13) constitutes a separate offense.

SECTION 2. This Act takes effect September 1, 2013.

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