Bill Text: TX HB1323 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the sale of certain abusable synthetic substances; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-05 - Referred to Public Health [HB1323 Detail]
Download: Texas-2015-HB1323-Introduced.html
84R7175 JSC-F | ||
By: Gutierrez | H.B. No. 1323 |
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relating to the sale of certain abusable synthetic substances; | ||
providing a civil penalty. | ||
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 similar to that | ||
of a controlled substance listed in a penalty group under | ||
Subchapter D, Chapter 481. | ||
(2) "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; CIVIL PENALTY. (a) A person | ||
is liable to the state for a civil penalty if in the course of | ||
business the person: | ||
(1) sells or delivers an abusable synthetic substance; | ||
and | ||
(2) knows that the substance produces an effect | ||
similar to that of a controlled substance listed in a penalty group | ||
under Subchapter D, Chapter 481. | ||
(b) 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 a violation under | ||
Subsection (a). | ||
(c) The civil penalty may not exceed $10,000 for each | ||
violation. | ||
(d) The court shall consider the following in determining | ||
the amount of the penalty: | ||
(1) the person's history of any previous violations of | ||
this section; | ||
(2) the seriousness of the violation; | ||
(3) any hazard posed to the public health and safety by | ||
the violation; and | ||
(4) demonstrations of good faith by the person. | ||
(e) Venue for a suit brought under this section is in the | ||
city or county in which the violation occurred or in Travis County. | ||
(f) A county represented by a county attorney or district | ||
attorney or a municipality represented by a city attorney that | ||
institutes a suit for a violation of this section and collects a | ||
civil penalty may retain: | ||
(1) actual costs of bringing the suit; and | ||
(2) 10 percent as a collection fee. | ||
(g) After the deduction described by Subsection (f), the | ||
county or municipality, as appropriate, shall remit the remainder | ||
of the penalty collected under this section to the comptroller. | ||
SECTION 2. The change in law made by this Act applies only | ||
to conduct that occurs on or after the effective date of this Act. | ||
Conduct that occurs before the effective date of this Act is | ||
governed by the law in effect at the time the conduct occurred, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |