Texas 2019 - 86th Regular

Texas House Bill HB1518 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1518
	1	+	By: Coleman (Senate Sponsor - Seliger) H.B. No. 1518
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; April 24, 2019, reported favorably by the
	5	+	following vote: Yeas 9, Nays 0; April 24, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the regulation of the sale of dextromethorphan to
6	12		minors; providing civil penalties.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subtitle C, Title 6, Health and Safety Code, is
9	15		amended by adding Chapter 488 to read as follows:
10	16		CHAPTER 488. OVER-THE-COUNTER SALES OF DEXTROMETHORPHAN
11	17		Sec. 488.001. DEFINITIONS. (a) In this chapter:
12	18		(1) "Dextromethorphan" means any compound, mixture,
13	19		or preparation containing any detectable amount of that substance,
14	20		including its salts, optical isomers, and salts of optical isomers.
15	21		(2) "Sale" includes a conveyance, exchange, barter, or
16	22		trade.
17	23		(b) A term that is used in this chapter but is not defined by
18	24		Subsection (a) has the meaning assigned by Section 481.002 if the
19	25		term is defined in that section.
20	26		Sec. 488.002. NONAPPLICABILITY. (a) This chapter does not
21	27		apply to the sale of any product dispensed or delivered by a
22	28		pharmacist according to a prescription issued by a practitioner for
23	29		a valid medical purpose within the scope of the practitioner's
24	30		practice as authorized by the practitioner's license issued under
25	31		Title 3, Occupations Code.
26	32		(b) This chapter does not require a business establishment
27	33		to:
28	34		(1) keep specific records of transactions covered by
29	35		this chapter; or
30	36		(2) store dextromethorphan in a specific location in a
31	37		business establishment or otherwise restrict the availability of
32	38		dextromethorphan to customers.
33	39		Sec. 488.003. DISTRIBUTION TO MINORS PROHIBITED;
34	40		PREREQUISITE TO SALE. (a) A business establishment may not
35	41		dispense, distribute, or sell dextromethorphan to a customer under
36	42		18 years of age.
37	43		(b) Before dispensing, distributing, or selling
38	44		dextromethorphan over the counter, a business establishment must
39	45		require the customer obtaining the drug to display a driver's
40	46		license or other form of identification containing the customer's
41	47		photograph and indicating that the customer is 18 years of age or
42	48		older, unless from the customer's outward appearance the person
43	49		making the sale may reasonably presume the customer to be 27 years
44	50		of age or older.
45	51		Sec. 488.004. VIOLATION; CIVIL PENALTY. (a) A county or
46	52		district attorney shall issue a warning to a business establishment
47	53		for a first violation of this chapter.
48	54		(b) After receiving a warning for the first violation under
49	55		Subsection (a), a business establishment is liable to the state for
50	56		a civil penalty of:
51	57		(1) $150 for the second violation; and
52	58		(2) $250 for each subsequent violation.
53	59		(c) It is a defense in an action brought under this section
54	60		that the person to whom the dextromethorphan was dispensed,
55	61		distributed, or sold presented to the business establishment
56	62		apparently valid proof of identification.
57	63		(d) A proof of identification satisfies the requirements of
58	64		Subsection (c) if it contains a physical description and photograph
59	65		consistent with the person's appearance, purports to establish that
60	66		the person is 18 years of age or older, and was issued by a
61	67		governmental agency. The proof of identification may include a
62	68		driver's license issued by this state or another state, a passport,
63	69		or an identification card issued by a state or the federal
64	70		government.
65	71		(e) It is a defense in an action brought under this section
66	72		that the business establishment made a good faith effort to comply
67	73		with this section.
68	74		Sec. 488.005. PROHIBITED LOCAL REGULATION. (a) A
69	75		political subdivision of this state may not adopt or enforce an
70	76		ordinance, order, rule, regulation, or policy that governs the
71	77		sale, distribution, or possession of dextromethorphan.
72	78		(b) An ordinance, order, rule, regulation, or policy
73	79		described by Subsection (a) is void and unenforceable.
74	80		SECTION 2. (a) Sections 488.003 and 488.004, Health and
75	81		Safety Code, as added by this Act, apply only to a transaction at a
76	82		business establishment that occurs on or after the effective date
77	83		of this Act.
78	84		(b) Section 488.005, Health and Safety Code, as added by
79	85		this Act, applies to an ordinance, order, rule, regulation, or
80	86		policy adopted before, on, or after the effective date of this Act.
81	87		SECTION 3. This Act takes effect September 1, 2019.
82		-	______________________________ ______________________________
83		-	President of the Senate Speaker of the House
84		-	I certify that H.B. No. 1518 was passed by the House on April
85		-	12, 2019, by the following vote: Yeas 138, Nays 5, 2 present, not
86		-	voting.
87		-	______________________________
88		-	Chief Clerk of the House
89		-	I certify that H.B. No. 1518 was passed by the Senate on May
90		-	3, 2019, by the following vote: Yeas 31, Nays 0.
91		-	______________________________
92		-	Secretary of the Senate
93		-	APPROVED: _____________________
94		-	Date
95		-	_____________________
96		-	Governor
	88	+	* * * * *