Tex. Health & Safety Code § 488.004 · Chapter 488. OVER-THE-COUNTER SALES OF DEXTROMETHORPHAN
VIOLATION; CIVIL PENALTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
(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.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.488.htm
- Text hash
- sha256 34c3de87cef1333c5cc7a729839691777a5f446d4aa7aca713d8ad310644a702
- 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
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.