Tex. Health & Safety Code § 445.005 · Chapter 445. MANUFACTURE, DISTRIBUTION, AND SALE OF KRATOM PRODUCTS
CIVIL PENALTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person who violates this chapter is subject to a civil penalty in the amount of:
(1) $250 for the first violation;
(2) $500 for the second violation; and
(3) $1,000 for each subsequent violation.
(b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.
(c) A kratom retailer is not liable for a civil penalty under this section for a violation of Section 445.002 or 445.003 if the kratom retailer proves by a preponderance of the evidence that the violation was unintentional and due to the kratom retailer's good faith reliance on the representation of another kratom processor.
(d) The attorney general or the district or county attorney for the county or municipal attorney for the municipality in which the violation is alleged to have occurred may bring an action to recover a civil penalty under this section.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 2 (S.B. 497), Sec. 2, eff. September 1, 2023.
Redesignated from Health and Safety Code, Chapter 444 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 22.001(22), eff. September 1, 2025.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 22.002(5), eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.445.htm
- Text hash
- sha256 ca5ed42dfafbaf29025c42ded7d6b3c06fa42616f69308215f9761dc9ba2dcfd
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.