Texas 2013 - 83rd Regular

Texas Senate Bill SB992 Compare Versions

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1	1	By: Taylor S.B. No. 992
2	2	(In the Senate - Filed March 1, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Business and Commerce;
4	4	April 8, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 1; April 8, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 992 By: Taylor
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to misrepresentations in connection with certain drug
13	13	testing devices or equipment; providing penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 32.42, Penal Code, is amended by
16	16	amending Subsection (b) and adding Subsection (e) to read as
17	17	follows:
18	18	(b) A person commits an offense if in the course of business
19	19	he intentionally, knowingly, recklessly, or with criminal
20	20	negligence commits one or more of the following deceptive business
21	21	practices:
22	22	(1) using, selling, or possessing for use or sale a
23	23	false weight or measure, or any other device for falsely
24	24	determining or recording any quality or quantity;
25	25	(2) selling less than the represented quantity of a
26	26	property or service;
27	27	(3) taking more than the represented quantity of
28	28	property or service when as a buyer the actor furnishes the weight
29	29	or measure;
30	30	(4) selling an adulterated or mislabeled commodity;
31	31	(5) passing off property or service as that of
32	32	another;
33	33	(6) representing that a commodity is original or new
34	34	if it is deteriorated, altered, rebuilt, reconditioned, reclaimed,
35	35	used, or secondhand;
36	36	(7) representing that a commodity or service is of a
37	37	particular style, grade, or model if it is of another;
38	38	(8) advertising property or service with intent:
39	39	(A) not to sell it as advertised, or
40	40	(B) not to supply reasonably expectable public
41	41	demand, unless the advertising adequately discloses a time or
42	42	quantity limit;
43	43	(9) representing the price of property or service
44	44	falsely or in a way tending to mislead;
45	45	(10) making a materially false or misleading statement
46	46	of fact concerning the reason for, existence of, or amount of a
47	47	price or price reduction;
48	48	(11) conducting a deceptive sales contest; [or]
49	49	(12) making a materially false or misleading
50	50	statement:
51	51	(A) in an advertisement for the purchase or sale
52	52	of property or service; or
53	53	(B) otherwise in connection with the purchase or
54	54	sale of property or service; or
55	55	(13) manufacturing, selling, or attempting to sell a
56	56	drug testing device or equipment and representing that the device
57	57	or equipment is capable of or certified for returning quantitative
58	58	drug test results if the device or equipment has not been approved
59	59	by the United States Food and Drug Administration to perform
60	60	quantitative drug tests.
61	61	(e) An offense under Subsection (b)(13) is a Class C
62	62	misdemeanor. Each violation of Subsection (b)(13) constitutes a
63	63	separate offense.
64	64	SECTION 2. This Act takes effect September 1, 2013.
65	65	* * * * *