Bill Text: TX SB348 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the sale or delivery of salvia divinorum or Salvinorin A; providing a penalty.
Spectrum: Partisan Bill (Republican 3-0)
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 |
|
||
|
||
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. |