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