Section 488.004 - Violation; Civil Penalty(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.Tex. Health and Safety Code § 488.004
Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 46,Sec. 1, eff. 9/1/2019.