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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of certain abusable synthetic substances; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Health and Safety Code, is |
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amended by adding Chapter 484 to read as follows: |
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CHAPTER 484. ABUSABLE SYNTHETIC SUBSTANCES |
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Sec. 484.001. DEFINITIONS. In this chapter: |
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(1) "Abusable synthetic substance" means a substance |
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that: |
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(A) is not otherwise regulated under this title |
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or under federal law; and |
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(B) when inhaled, ingested, or otherwise |
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introduced into a person's body, produces an effect similar to that |
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of a controlled substance listed in a penalty group under |
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Subchapter D, Chapter 481. |
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(2) "Sell" and "sale" include offer for sale, |
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advertise for sale, expose for sale, keep for the purpose of sale, |
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deliver for or after sale, solicit and offer to buy, and every |
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disposition for value. |
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Sec. 484.002. PROHIBITED ACTS; CIVIL PENALTY. (a) A person |
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is liable to the state for a civil penalty if in the course of |
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business the person: |
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(1) sells or delivers an abusable synthetic substance; |
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and |
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(2) knows that the substance produces an effect |
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similar to that of a controlled substance listed in a penalty group |
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under Subchapter D, Chapter 481. |
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(b) The attorney general or a district, county, or city |
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attorney may institute an action in district court to collect a |
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civil penalty from a person who commits a violation under |
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Subsection (a). |
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(c) The civil penalty may not exceed $10,000 for each |
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violation. |
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(d) The court shall consider the following in determining |
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the amount of the penalty: |
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(1) the person's history of any previous violations of |
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this section; |
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(2) the seriousness of the violation; |
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(3) any hazard posed to the public health and safety by |
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the violation; and |
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(4) demonstrations of good faith by the person. |
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(e) Venue for a suit brought under this section is in the |
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city or county in which the violation occurred or in Travis County. |
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(f) A county represented by a county attorney or district |
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attorney or a municipality represented by a city attorney that |
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institutes a suit for a violation of this section and collects a |
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civil penalty may retain: |
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(1) actual costs of bringing the suit; and |
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(2) 10 percent as a collection fee. |
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(g) After the deduction described by Subsection (f), the |
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county or municipality, as appropriate, shall remit the remainder |
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of the penalty collected under this section to the comptroller. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect at the time the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |