Texas Senate Bill SB1026

Texas 2015 - 84th Regular

Caption

Relating to the regulation of the sale of dextromethorphan to minors; providing civil penalties.

Impact

If enacted, SB1026 will impact Texas state laws by amending the Health and Safety Code to include specific provisions related to the over-the-counter sales of dextromethorphan. The introduction of civil penalties for violations means that the state will now hold business establishments accountable for not adhering to age verification requirements. The law allows for a warning on the first violation, but subsequent violations can incur financial penalties, thereby enforcing compliance and promoting responsible sales practices within the pharmacy sector.

Summary

SB1026 is a legislative bill aimed at regulating the sale of dextromethorphan, a common ingredient found in over-the-counter cough medications, to minors. The bill stipulates that no business establishment is permitted to sell or distribute dextromethorphan to individuals under the age of 18. In addition, retailers are required to verify the age of customers by requesting a valid form of identification that confirms the customer is at least 18 years old, unless they can visibly assume the customer is 25 or older. This regulation aims to limit the accessibility of such medications to younger individuals to prevent misuse.

Conclusion

Overall, SB1026 reflects a growing concern about the need to regulate substances that can be misused among youth. By setting age restrictions and imposing penalties on violators, the bill is designed to protect minors while ensuring that responsible selling practices are upheld in Texas.

Contention

Notably, the bill aims to strike a balance between preventing underage access to potentially harmful substances and maintaining the rights of responsible retailers. There could be points of contention regarding the enforcement of age verification, where some voices may express concerns about the adequacy of identification processes. Retailers may also raise issues about the additional regulatory burden this legislation places on them, particularly smaller establishments that may struggle with the administrative demands of ensuring compliance.