84R3964 JSC-D
By: Parker H.B. No. 1955
A BILL TO BE ENTITLED
AN ACT
relating to false or misleading packaging, labeling, or advertising
of certain abusable synthetic substances; providing criminal and
civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
amended by adding Chapter 484 to read as follows:
CHAPTER 484. ABUSABLE SYNTHETIC SUBSTANCES
Sec. 484.001. DEFINITIONS. In this chapter:
(1) "Abusable synthetic substance" means a substance
that:
(A) is not otherwise regulated under this title
or under federal law; and
(B) when inhaled, ingested, or otherwise
introduced into a person's body, produces an effect on the central
nervous system, creates a condition of intoxication,
hallucination, or elation, or changes, distorts, or disturbs the
person's eyesight, thinking process, balance, or coordination.
(2) "Business" includes trade and commerce and
advertising, selling, and buying service or property.
(3) "Mislabeled" means varying from the standard of
truth or disclosure in labeling prescribed by law or set by
established commercial usage.
(4) "Sell" and "sale" include offer for sale,
advertise for sale, expose for sale, keep for the purpose of sale,
deliver for or after sale, solicit and offer to buy, and every
disposition for value.
Sec. 484.002. PROHIBITED ACTS. (a) A person commits an
offense if in the course of business the person sells a mislabeled
abusable synthetic substance.
(b) An offense under this section is a Class C misdemeanor,
except that the offense is a Class A misdemeanor if it is shown on
the trial of the offense that the actor has previously been
convicted of an offense under this section or of an offense under
Section 32.42(b)(4), Penal Code, and the adulterated or mislabeled
commodity was an abusable synthetic substance.
(c) If conduct constituting an offense under this section
also constitutes an offense under another provision of law, the
person may be prosecuted under either this section or the other
provision.
Sec. 484.003. CIVIL PENALTY. (a) The attorney general or a
district, county, or city attorney may institute an action in
district court to collect a civil penalty from a person who commits
an offense under Section 484.002.
(b) The civil penalty may not exceed $25,000 a day for each
offense. Each day an offense is committed constitutes a separate
violation for purposes of the penalty assessment.
(c) The court shall consider the following in determining
the amount of the penalty:
(1) the person's history of any previous offenses
under Section 484.002 or under Section 32.42(b)(4), Penal Code,
relating to the sale of a mislabeled abusable synthetic substance;
(2) the seriousness of the offense;
(3) any hazard posed to the public health and safety by
the offense; and
(4) demonstrations of good faith by the person
charged.
(d) Venue for a suit brought under this section is in the
city or county in which the offense occurred or in Travis County.
(e) A civil penalty recovered in a suit instituted by a
local government under this section shall be paid to that local
government.
Sec. 484.004. NO DEFENSE. In a prosecution or civil action
under this chapter, the fact that the abusable synthetic substance
was in packaging labeled with "Not for Human Consumption," or other
wording indicating the substance is not intended to be ingested, is
not a defense.
SECTION 2. This Act takes effect September 1, 2015.