| 1 | 1 | | 85R2805 JSC-D |
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| 2 | 2 | | By: Coleman H.B. No. 1939 |
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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 regulation of the sale of dextromethorphan to |
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| 8 | 8 | | minors; providing civil penalties. |
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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 488 to read as follows: |
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| 12 | 12 | | CHAPTER 488. OVER-THE-COUNTER SALES OF DEXTROMETHORPHAN |
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| 13 | 13 | | Sec. 488.001. DEFINITIONS. (a) In this chapter: |
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| 14 | 14 | | (1) "Dextromethorphan" means any compound, mixture, |
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| 15 | 15 | | or preparation containing any detectable amount of that substance, |
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| 16 | 16 | | including its salts, optical isomers, and salts of optical isomers. |
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| 17 | 17 | | (2) "Sale" includes a conveyance, exchange, barter, or |
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| 18 | 18 | | trade. |
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| 19 | 19 | | (b) A term that is used in this chapter but is not defined by |
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| 20 | 20 | | Subsection (a) has the meaning assigned by Section 481.002 if the |
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| 21 | 21 | | term is defined in that section. |
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| 22 | 22 | | Sec. 488.002. NONAPPLICABILITY. (a) This chapter does not |
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| 23 | 23 | | apply to the sale of any product dispensed or delivered by a |
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| 24 | 24 | | pharmacist according to a prescription issued by a practitioner for |
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| 25 | 25 | | a valid medical purpose and in the course of professional practice. |
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| 26 | 26 | | (b) This chapter does not require a business establishment |
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| 27 | 27 | | to: |
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| 28 | 28 | | (1) keep specific records of transactions covered by |
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| 29 | 29 | | this chapter; or |
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| 30 | 30 | | (2) store dextromethorphan in a specific location in a |
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| 31 | 31 | | business establishment or otherwise restrict the availability of |
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| 32 | 32 | | dextromethorphan to customers. |
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| 33 | 33 | | Sec. 488.003. DISTRIBUTION TO MINORS PROHIBITED; |
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| 34 | 34 | | PREREQUISITE TO SALE. (a) A business establishment shall not |
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| 35 | 35 | | dispense, distribute, or sell dextromethorphan to a customer under |
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| 36 | 36 | | 18 years of age. |
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| 37 | 37 | | (b) Before dispensing, distributing, or selling |
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| 38 | 38 | | dextromethorphan over the counter, a business establishment must |
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| 39 | 39 | | require the customer obtaining the drug to display a driver's |
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| 40 | 40 | | license or other form of identification containing the customer's |
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| 41 | 41 | | photograph and indicating that the customer is 18 years of age or |
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| 42 | 42 | | older, unless from the customer's outward appearance the person |
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| 43 | 43 | | making the sale may reasonably presume the customer to be 27 years |
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| 44 | 44 | | of age or older. |
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| 45 | 45 | | Sec. 488.004. VIOLATION; CIVIL PENALTY. (a) A county or |
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| 46 | 46 | | district attorney shall issue a warning to a business establishment |
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| 47 | 47 | | for a first violation of this chapter. |
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| 48 | 48 | | (b) After receiving a warning for the first violation under |
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| 49 | 49 | | Subsection (a), a business establishment is liable to the state for |
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| 50 | 50 | | a civil penalty of: |
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| 51 | 51 | | (1) $150 for the second violation; and |
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| 52 | 52 | | (2) $250 for each subsequent violation. |
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| 53 | 53 | | (c) It is a defense in an action brought under this section |
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| 54 | 54 | | that the person to whom the dextromethorphan was dispensed, |
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| 55 | 55 | | distributed, or sold presented to the business establishment |
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| 56 | 56 | | apparently valid proof of identification. |
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| 57 | 57 | | (d) A proof of identification satisfies the requirements of |
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| 58 | 58 | | Subsection (c) if it contains a physical description and photograph |
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| 59 | 59 | | consistent with the person's appearance, purports to establish that |
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| 60 | 60 | | the person is 18 years of age or older, and was issued by a |
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| 61 | 61 | | governmental agency. The proof of identification may include a |
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| 62 | 62 | | driver's license issued by this state or another state, a passport, |
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| 63 | 63 | | or an identification card issued by a state or the federal |
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| 64 | 64 | | government. |
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| 65 | 65 | | SECTION 2. The change in law made by this Act applies only |
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| 66 | 66 | | to a transaction at a business establishment that occurs on or after |
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| 67 | 67 | | the effective date of this Act. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2017. |
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