| 1 | 1 | | 81R1364 PEP-F |
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| 2 | 2 | | By: Martinez H.B. No. 839 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sale or delivery of salvia divinorum to a child; |
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| 8 | 8 | | providing a penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 48, Penal Code, is amended by adding |
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| 11 | 11 | | Section 48.03 to read as follows: |
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| 12 | 12 | | Sec. 48.03. PROHIBITION RELATING TO SALE OR DELIVERY OF |
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| 13 | 13 | | SALVIA DIVINORUM TO CHILD. (a) In this section, "child" means a |
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| 14 | 14 | | person younger than 18 years of age. |
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| 15 | 15 | | (b) A person commits an offense if the person, with criminal |
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| 16 | 16 | | negligence, sells, delivers, or causes to be sold or delivered |
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| 17 | 17 | | salvia divinorum or a product containing salvia divinorum to a |
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| 18 | 18 | | child or to another person who intends to deliver it to a child. |
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| 19 | 19 | | (c) An offense under this section is a Class C misdemeanor. |
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| 20 | 20 | | (d) It is not a defense to prosecution under this section |
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| 21 | 21 | | that, at the time of the offense, the actor was an employee of a |
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| 22 | 22 | | retail establishment that sold or offered for sale salvia divinorum |
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| 23 | 23 | | or a product containing salvia divinorum. |
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| 24 | 24 | | (e) It is a defense to prosecution under this section that |
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| 25 | 25 | | the child presented to the actor an apparently valid proof of |
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| 26 | 26 | | identification, including a driver's license issued by this state |
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| 27 | 27 | | or another state, a passport, or an identification certificate or |
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| 28 | 28 | | card issued by a state or the federal government. A proof of |
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| 29 | 29 | | identification satisfies the requirements of this subsection if the |
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| 30 | 30 | | identification: |
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| 31 | 31 | | (1) contains a physical description and photograph |
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| 32 | 32 | | consistent with the person's appearance; |
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| 33 | 33 | | (2) purports to establish that the person is 18 years |
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| 34 | 34 | | of age or older; and |
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| 35 | 35 | | (3) was issued by a governmental agency. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2009. |
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