- (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.
Added by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.