Texas Health and Safety Code 488.004 – Violation; Civil Penalty
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(a) A county or district attorney shall issue a warning to a business establishment for a first violation of this chapter.
(b) After receiving a warning for the first violation under Subsection (a), a business establishment is liable to the state for a civil penalty of:
(1) $150 for the second violation; and
(2) $250 for each subsequent violation.
Terms Used In Texas Health and Safety Code 488.004
- Dextromethorphan: means any compound, mixture, or preparation containing any detectable amount of that substance, including its salts, optical isomers, and salts of optical isomers. See Texas Health and Safety Code 488.001
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) It is a defense in an action brought under this section that the person to whom the dextromethorphan was dispensed, distributed, or sold presented to the business establishment apparently valid proof of identification.
(d) A proof of identification satisfies the requirements of Subsection (c) if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 18 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport, or an identification card issued by a state or the federal government.
(e) It is a defense in an action brought under this section that the business establishment made a good faith effort to comply with this section.