S.B. No. 461

	AN ACT
	relating to false or misleading packaging, labeling, or advertising
	of certain abusable synthetic substances; providing civil
	penalties; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle C, Title 6, Health and Safety Code, is
	amended by adding Chapter 484 to read as follows:
	CHAPTER 484. ABUSABLE SYNTHETIC SUBSTANCES
	Sec. 484.001.  DEFINITIONS. In this chapter:
	(1)  "Abusable synthetic substance" means a substance
	that:
	(A)  is not otherwise regulated under this title
	or under federal law;
	(B)  is intended to mimic a controlled substance
	or controlled substance analogue; and
	(C)  when inhaled, ingested, or otherwise
	introduced into a person's body:
	(i)  produces an effect on the central
	nervous system similar to the effect produced by a controlled
	substance or controlled substance analogue;
	(ii)  creates a condition of intoxication,
	hallucination, or elation similar to a condition produced by a
	controlled substance or controlled substance analogue; or
	(iii)  changes, distorts, or disturbs the
	person's eyesight, thinking process, balance, or coordination in a
	manner similar to a controlled substance or controlled substance
	analogue.
	(2)  "Business" includes trade and commerce and
	advertising, selling, and buying service or property.
	(3)  "Mislabeled" means varying from the standard of
	truth or disclosure in labeling prescribed by law or set by
	established commercial usage.
	(4)  "Sell" and "sale" include offer for sale,
	advertise for sale, expose for sale, keep for the purpose of sale,
	deliver for or after sale, solicit and offer to buy, and every
	disposition for value.
	Sec. 484.002.  PROHIBITED ACTS. (a)  A person commits an
	offense if in the course of business the person knowingly produces,
	distributes, sells, or offers for sale a mislabeled abusable
	synthetic substance.
	(b)  An offense under this section is a Class C misdemeanor,
	except that the offense is a Class A misdemeanor if it is shown on
	the trial of the offense that the actor has previously been
	convicted of an offense under this section or of an offense under
	Section 32.42(b)(4), Penal Code, and the adulterated or mislabeled
	commodity was an abusable synthetic substance.
	(c)  If conduct constituting an offense under this section
	also constitutes an offense under another provision of law, the
	person may be prosecuted under either this section or the other
	provision.
	Sec. 484.003.  CIVIL PENALTY.  (a)  The attorney general or
	a district, county, or city attorney may institute an action in
	district court to collect a civil penalty from a person who in the
	course of business produces, distributes, sells, or offers for sale
	a mislabeled abusable synthetic substance.
	(b)  The civil penalty may not exceed $25,000 a day for each
	offense.  Each day an offense is committed constitutes a separate
	violation for purposes of the penalty assessment.
	(c)  The court shall consider the following in determining
	the amount of the penalty:
	(1)  the person's history of any previous offenses
	under Section 484.002 or under Section 32.42(b)(4), Penal Code,
	relating to the sale of a mislabeled abusable synthetic substance;
	(2)  the seriousness of the offense;
	(3)  any hazard posed to the public health and safety by
	the offense; and
	(4)  demonstrations of good faith by the person
	charged.
	(d)  Venue for a suit brought under this section is in the
	city or county in which the offense occurred or in Travis County.
	(e)  A civil penalty recovered in a suit instituted by a
	local government under this section shall be paid to that local
	government.
	Sec. 484.004.  AFFIRMATIVE DEFENSE. It is an affirmative
	defense to prosecution or liability under this chapter that:
	(1)  the abusable synthetic substance was approved for
	use, sale, or distribution by the United States Food and Drug
	Administration or other state or federal regulatory agency with
	authority to approve the substance's use, sale, or distribution;
	and
	(2)  the abusable synthetic substance was lawfully
	produced, distributed, sold, or offered for sale by the person who
	is the subject of the criminal or civil action.
	Sec. 484.005.  NO DEFENSE.  In a prosecution or civil action
	under this chapter, the fact that the abusable synthetic substance
	was in packaging labeled with "Not for Human Consumption," or other
	wording indicating the substance is not intended to be ingested, is
	not a defense.
	SECTION 2.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 461 passed the Senate on
	March 24, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 461 passed the House on
	May 19, 2015, by the following vote:  Yeas 145, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor