By: Taylor S.B. No. 992
(In the Senate - Filed March 1, 2013; March 12, 2013, read
first time and referred to Committee on Business and Commerce;
April 8, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 1; April 8, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 992 By: Taylor
A BILL TO BE ENTITLED
AN ACT
relating to misrepresentations in connection with certain drug
testing devices or equipment; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.42, Penal Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A person commits an offense if in the course of business
he intentionally, knowingly, recklessly, or with criminal
negligence commits one or more of the following deceptive business
practices:
(1) using, selling, or possessing for use or sale a
false weight or measure, or any other device for falsely
determining or recording any quality or quantity;
(2) selling less than the represented quantity of a
property or service;
(3) taking more than the represented quantity of
property or service when as a buyer the actor furnishes the weight
or measure;
(4) selling an adulterated or mislabeled commodity;
(5) passing off property or service as that of
another;
(6) representing that a commodity is original or new
if it is deteriorated, altered, rebuilt, reconditioned, reclaimed,
used, or secondhand;
(7) representing that a commodity or service is of a
particular style, grade, or model if it is of another;
(8) advertising property or service with intent:
(A) not to sell it as advertised, or
(B) not to supply reasonably expectable public
demand, unless the advertising adequately discloses a time or
quantity limit;
(9) representing the price of property or service
falsely or in a way tending to mislead;
(10) making a materially false or misleading statement
of fact concerning the reason for, existence of, or amount of a
price or price reduction;
(11) conducting a deceptive sales contest; [or]
(12) making a materially false or misleading
statement:
(A) in an advertisement for the purchase or sale
of property or service; or
(B) otherwise in connection with the purchase or
sale of property or service; or
(13) manufacturing, selling, or attempting to sell a
drug testing device or equipment and representing that the device
or equipment is capable of or certified for returning quantitative
drug test results if the device or equipment has not been approved
by the United States Food and Drug Administration to perform
quantitative drug tests.
(e) An offense under Subsection (b)(13) is a Class C
misdemeanor. Each violation of Subsection (b)(13) constitutes a
separate offense.
SECTION 2. This Act takes effect September 1, 2013.
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