| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of the sale of dextromethorphan to |
|
|
minors; providing civil penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle C, Title 6, Health and Safety Code, is |
|
|
amended by adding Chapter 488 to read as follows: |
|
|
CHAPTER 488. OVER-THE-COUNTER SALES OF DEXTROMETHORPHAN |
|
|
Sec. 488.001. DEFINITIONS. (a) In this chapter: |
|
|
(1) "Dextromethorphan" means any compound, mixture, |
|
|
or preparation containing any detectable amount of that substance, |
|
|
including its salts, optical isomers, and salts of optical isomers. |
|
|
(2) "Sale" includes a conveyance, exchange, barter, or |
|
|
trade. |
|
|
(b) A term that is used in this chapter but is not defined by |
|
|
Subsection (a) has the meaning assigned by Section 481.002 if the |
|
|
term is defined in that section. |
|
|
Sec. 488.002. NONAPPLICABILITY. (a) This chapter does not |
|
|
apply to the sale of any product dispensed or delivered by a |
|
|
pharmacist according to a prescription issued by a practitioner for |
|
|
a valid medical purpose within the scope of the practitioner's |
|
|
practice as authorized by the practitioner's license issued under |
|
|
Title 3, Occupations Code. |
|
|
(b) This chapter does not require a business establishment |
|
|
to: |
|
|
(1) keep specific records of transactions covered by |
|
|
this chapter; or |
|
|
(2) store dextromethorphan in a specific location in a |
|
|
business establishment or otherwise restrict the availability of |
|
|
dextromethorphan to customers. |
|
|
Sec. 488.003. DISTRIBUTION TO MINORS PROHIBITED; |
|
|
PREREQUISITE TO SALE. (a) A business establishment may not |
|
|
dispense, distribute, or sell dextromethorphan to a customer under |
|
|
18 years of age. |
|
|
(b) Before dispensing, distributing, or selling |
|
|
dextromethorphan over the counter, a business establishment must |
|
|
require the customer obtaining the drug to display a driver's |
|
|
license or other form of identification containing the customer's |
|
|
photograph and indicating that the customer is 18 years of age or |
|
|
older, unless from the customer's outward appearance the person |
|
|
making the sale may reasonably presume the customer to be 27 years |
|
|
of age or older. |
|
|
Sec. 488.004. VIOLATION; CIVIL PENALTY. (a) A county or |
|
|
district attorney shall issue a warning to a business establishment |
|
|
for a first violation of this chapter. |
|
|
(b) After receiving a warning for the first violation under |
|
|
Subsection (a), a business establishment is liable to the state for |
|
|
a civil penalty of: |
|
|
(1) $150 for the second violation; and |
|
|
(2) $250 for each subsequent violation. |
|
|
(c) It is a defense in an action brought under this section |
|
|
that the person to whom the dextromethorphan was dispensed, |
|
|
distributed, or sold presented to the business establishment |
|
|
apparently valid proof of identification. |
|
|
(d) A proof of identification satisfies the requirements of |
|
|
Subsection (c) 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. |
|
|
(e) It is a defense in an action brought under this section |
|
|
that the business establishment made a good faith effort to comply |
|
|
with this section. |
|
|
Sec. 488.005. PROHIBITED LOCAL REGULATION. (a) A |
|
|
political subdivision of this state may not adopt or enforce an |
|
|
ordinance, order, rule, regulation, or policy that governs the |
|
|
sale, distribution, or possession of dextromethorphan. |
|
|
(b) An ordinance, order, rule, regulation, or policy |
|
|
described by Subsection (a) is void and unenforceable. |
|
|
SECTION 2. (a) Sections 488.003 and 488.004, Health and |
|
|
Safety Code, as added by this Act, apply only to a transaction at a |
|
|
business establishment that occurs on or after the effective date |
|
|
of this Act. |
|
|
(b) Section 488.005, Health and Safety Code, as added by |
|
|
this Act, applies to an ordinance, order, rule, regulation, or |
|
|
policy adopted before, on, or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |