| 1 | 1 | | 84R7175 JSC-F |
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| 2 | 2 | | By: Gutierrez H.B. No. 1323 |
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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 of certain abusable synthetic substances; |
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| 8 | 8 | | providing a civil 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. Subtitle C, Title 6, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 484 to read as follows: |
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| 12 | 12 | | CHAPTER 484. ABUSABLE SYNTHETIC SUBSTANCES |
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| 13 | 13 | | Sec. 484.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Abusable synthetic substance" means a substance |
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| 15 | 15 | | that: |
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| 16 | 16 | | (A) is not otherwise regulated under this title |
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| 17 | 17 | | or under federal law; and |
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| 18 | 18 | | (B) when inhaled, ingested, or otherwise |
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| 19 | 19 | | introduced into a person's body, produces an effect similar to that |
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| 20 | 20 | | of a controlled substance listed in a penalty group under |
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| 21 | 21 | | Subchapter D, Chapter 481. |
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| 22 | 22 | | (2) "Sell" and "sale" include offer for sale, |
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| 23 | 23 | | advertise for sale, expose for sale, keep for the purpose of sale, |
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| 24 | 24 | | deliver for or after sale, solicit and offer to buy, and every |
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| 25 | 25 | | disposition for value. |
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| 26 | 26 | | Sec. 484.002. PROHIBITED ACTS; CIVIL PENALTY. (a) A person |
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| 27 | 27 | | is liable to the state for a civil penalty if in the course of |
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| 28 | 28 | | business the person: |
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| 29 | 29 | | (1) sells or delivers an abusable synthetic substance; |
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| 30 | 30 | | and |
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| 31 | 31 | | (2) knows that the substance produces an effect |
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| 32 | 32 | | similar to that of a controlled substance listed in a penalty group |
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| 33 | 33 | | under Subchapter D, Chapter 481. |
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| 34 | 34 | | (b) The attorney general or a district, county, or city |
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| 35 | 35 | | attorney may institute an action in district court to collect a |
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| 36 | 36 | | civil penalty from a person who commits a violation under |
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| 37 | 37 | | Subsection (a). |
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| 38 | 38 | | (c) The civil penalty may not exceed $10,000 for each |
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| 39 | 39 | | violation. |
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| 40 | 40 | | (d) The court shall consider the following in determining |
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| 41 | 41 | | the amount of the penalty: |
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| 42 | 42 | | (1) the person's history of any previous violations of |
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| 43 | 43 | | this section; |
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| 44 | 44 | | (2) the seriousness of the violation; |
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| 45 | 45 | | (3) any hazard posed to the public health and safety by |
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| 46 | 46 | | the violation; and |
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| 47 | 47 | | (4) demonstrations of good faith by the person. |
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| 48 | 48 | | (e) Venue for a suit brought under this section is in the |
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| 49 | 49 | | city or county in which the violation occurred or in Travis County. |
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| 50 | 50 | | (f) A county represented by a county attorney or district |
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| 51 | 51 | | attorney or a municipality represented by a city attorney that |
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| 52 | 52 | | institutes a suit for a violation of this section and collects a |
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| 53 | 53 | | civil penalty may retain: |
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| 54 | 54 | | (1) actual costs of bringing the suit; and |
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| 55 | 55 | | (2) 10 percent as a collection fee. |
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| 56 | 56 | | (g) After the deduction described by Subsection (f), the |
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| 57 | 57 | | county or municipality, as appropriate, shall remit the remainder |
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| 58 | 58 | | of the penalty collected under this section to the comptroller. |
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| 59 | 59 | | SECTION 2. The change in law made by this Act applies only |
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| 60 | 60 | | to conduct that occurs on or after the effective date of this Act. |
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| 61 | 61 | | Conduct that occurs before the effective date of this Act is |
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| 62 | 62 | | governed by the law in effect at the time the conduct occurred, and |
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| 63 | 63 | | the former law is continued in effect for that purpose. |
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| 64 | 64 | | SECTION 3. This Act takes effect September 1, 2015. |
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