H.B. No. 1518
 
 
 
 
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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1518 was passed by the House on April
  12, 2019, by the following vote:  Yeas 138, Nays 5, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1518 was passed by the Senate on May
  3, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor