Bill Text: TX SB348 | 2011-2012 | 82nd Legislature | Engrossed

Texas Senate Bill 348 (Prior Session Legislation)

Bill Title: Relating to the sale or delivery of salvia divinorum or Salvinorin A; providing a penalty.

Sponsorship: Partisan Bill (Republican 3)

Status: (Engrossed - Dead) 2011-05-25 - Returned to Local & Consent Calendars Comm. [SB348 Detail]

Download: Texas-2011-SB348-Engrossed.html



	By: Estes, Shapiro	S.B. No. 348


	A BILL TO BE ENTITLED
	AN ACT
	relating to the sale or delivery of salvia divinorum or Salvinorin A
	to a child; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 48, Penal Code, is amended by adding
	Section 48.03 to read as follows:
	Sec. 48.03. PROHIBITION RELATING TO SALE OR DELIVERY OF
	SALVIA DIVINORUM TO CHILD. (a) In this section, "child" means a
	person younger than 18 years of age.
	(b) A person commits an offense if the person, with criminal
	negligence, sells, delivers, or causes to be sold or delivered
	salvia divinorum, Salvinorin A, or a product containing salvia
	divinorum or Salvinorin A to a child or to another person who
	intends to deliver it to a child.
	(c) An offense under this section is a Class C misdemeanor.
	(d) It is not a defense to prosecution under this section
	that, at the time of the offense, the actor was an employee of a
	retail establishment that sold or offered for sale salvia
	divinorum, Salvinorin A, or a product containing salvia divinorum
	or Salvinorin A.
	(e) It is a defense to prosecution under this section that
	the child presented to the actor an apparently valid proof of
	identification, including a driver's license issued by this state
	or another state, a passport, or an identification certificate or
	card issued by a state or the federal government. A proof of
	identification satisfies the requirements of this subsection if the
	identification:
	(1) contains a physical description and photograph
	consistent with the person's appearance;
	(2) purports to establish that the person is 18 years
	of age or older; and
	(3) was issued by a governmental agency.
	SECTION 2. This Act takes effect September 1, 2011.