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S.B. No. 66
AN ACT
relating to the establishment of certain programs and initiatives
designed to prevent the manufacture and use of methamphetamine;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
amended by adding Chapter 468 to read as follows:
CHAPTER 468. PROGRAMS AND INITIATIVES TO PREVENT
THE MANUFACTURE AND USE OF METHAMPHETAMINE
SUBCHAPTER A. METHAMPHETAMINE WATCH PROGRAM
Sec. 468.001. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of State Health
Services.
(2) "Program" means the methamphetamine watch program
established under this subchapter.
Sec. 468.002. METHAMPHETAMINE WATCH PROGRAM. (a) The
department shall implement a methamphetamine watch program to:
(1) inform retailers of the problems associated with
the illicit manufacture and use of methamphetamine in this state;
and
(2) encourage retailers to limit patron access to
products used in the illicit manufacture of methamphetamine,
including products containing pseudoephedrine.
(b) The department shall implement the program in
consultation with the Department of Public Safety of the State of
Texas and other state agencies as necessary. The department shall
involve retailers, state and local law enforcement agencies, local
governments, and community-based organizations in determining the
manner in which to implement the program.
Sec. 468.003. RETAILER PARTICIPATION. (a) Retailer
participation in the program is voluntary.
(b) A retailer participating in the program shall make
reasonable efforts to deter the theft or improper sale of products
used in the illicit manufacture of methamphetamine, including
products containing pseudoephedrine, by:
(1) implementing product management practices that
deter theft or suspicious purchases of the products, including
limiting the quantity of the products on display for purchase,
limiting the quantity of the products that may be purchased, and
placing the products in high-traffic areas;
(2) placing signs adjacent to the products and at
checkout counters to inform patrons of the retailer's participation
in the program; and
(3) providing annual personnel training on:
(A) items commonly purchased for use in the
illicit manufacture of methamphetamine;
(B) product management practices that deter
theft or suspicious purchases of products used in the illicit
manufacture of methamphetamine; and
(C) proper responses to observations of theft or
suspicious purchases of products used in the illicit manufacture of
methamphetamine.
Sec. 468.004. GOOD FAITH REPORTING; LIMITATION ON
LIABILITY. (a) In consultation with the Department of Public
Safety of the State of Texas and local law enforcement agencies, the
department shall establish guidelines for retailers and retail
personnel to follow in making good faith reports of thefts,
suspicious purchases, or other transactions involving products
used in the illicit manufacture of methamphetamine. The guidelines
must be designed to ensure that:
(1) reports are made to law enforcement agencies only
under circumstances that are believed to reasonably justify a
criminal investigation; and
(2) a person is not encouraged to maintain any record
of purchases that are made or other transactions that occur for
apparently legitimate purposes.
(b) The department shall involve retailers in determining
the manner in which to implement the guidelines established under
Subsection (a).
(c) A person is not liable for damages, other than economic
damages, from an act relating to the reporting of information made
in good faith and in accordance with the guidelines established
under this section.
Sec. 468.005. FALSE REPORT; PENALTY. (a) A person commits
an offense if the person knowingly makes a report or causes a report
to be made to a law enforcement agency of a theft, suspicious
purchase, or other transaction involving a product used in the
manufacture of methamphetamine and the person knows the report is
false.
(b) An offense under this section is a Class C misdemeanor.
[Sections 468.006–468.050 reserved for expansion]
SUBCHAPTER B. PREVENTION AND EDUCATION PROGRAMS
Sec. 468.051. PROGRAMS DESIGNED TO HELP STUDENTS. In
administering human services programs as required by Section
1001.073, the Department of State Health Services shall:
(1) administer, coordinate, and contract for the
delivery of programs designed to prevent the use of methamphetamine
among students enrolled in a public or private school in this state;
and
(2) provide education to appropriate school personnel
and parents of school-age children on identifying and helping
children who use methamphetamine or who are exposed to chemicals
and other hazardous materials used in the manufacture of
methamphetamine.
Sec. 468.052. EDUCATION REGARDING ANHYDROUS AMMONIA.
(a) In cooperation with other state agencies, the Office of the
Texas State Chemist of the Texas Agricultural Experiment Station
shall distribute materials used to educate distributors, farmers,
retail dealers, cooperatives, and other appropriate persons
regarding:
(1) the use of anhydrous ammonia in the illicit
manufacture of methamphetamine; and
(2) practices and equipment that can be used to deter
the theft of anhydrous ammonia.
(b) In the materials distributed under this section, the
Office of the Texas State Chemist shall encourage local law
enforcement and community groups to cooperate in deterring the
theft of anhydrous ammonia.
[Sections 468.053-468.100 reserved for expansion]
SUBCHAPTER C. DRUG-ENDANGERED
CHILD INITIATIVE
Sec. 468.101. DEFINITIONS. In this subchapter:
(1) "Child" means a person under 18 years of age.
(2) "Department" means the Department of Family and
Protective Services.
Sec. 468.102. DRUG-ENDANGERED CHILD INITIATIVE. The
department shall establish a drug-endangered child initiative
aimed at protecting children who are exposed to methamphetamine or
to chemicals and other hazardous materials used in the illicit
manufacture of methamphetamine.
Sec. 468.103. DUTY TO REPORT; DEPARTMENT RECORDS. (a) To
the extent that reporting does not interfere with an ongoing
criminal investigation, the Department of Public Safety of the
State of Texas and each local law enforcement agency shall report to
the department on discovering the presence of a child in a location
where methamphetamine is manufactured.
(b) The department shall maintain a record of reports
received under this section and shall include in the record
information regarding actions taken by the department to ensure the
child's safety and well-being.
SECTION 2. (a) The Department of State Health Services
shall take all action necessary to provide for the implementation
of the programs required by Subchapter A, Chapter 468, Health and
Safety Code, as added by this Act, and Section 468.051, Health and
Safety Code, as added by this Act, not later than September 1, 2006.
(b) The Office of the Texas State Chemist of the Texas
Agricultural Experiment Station shall take all action necessary to
provide for the distribution of materials required by Section
468.052, Health and Safety Code, as added by this Act, not later
than September 1, 2006.
(c) The Department of Family and Protective Services shall
take all action necessary to provide for the implementation of the
initiative required by Subchapter C, Chapter 468, Health and Safety
Code, as added by this Act, not later than September 1, 2006.
(d) Section 468.004, Health and Safety Code, as added by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act. An action that accrued before the
effective date of this Act is governed by the law applicable to the
action immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
(e) Section 468.004, Health and Safety Code, as added by
this Act, is an exercise of authority under Subsection (c), Section
66, Article III, Texas Constitution, and takes effect only if this
Act receives a vote of three-fifths of all the members elected to
each house, as provided by Subsection (e), Section 66 of that
article.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 66 passed the Senate on
April 26, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 66 passed the House on
May 25, 2005, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor