{"data":{"id":"us-tx/tex.-health-and-safety-code-488.004","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 488.004","heading":"VIOLATION; CIVIL PENALTY.","body":"(a) A county or district attorney shall issue a warning to a business establishment for a first violation of this chapter.\n(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:\n(1) $150 for the second violation; and\n(2) $250 for each subsequent violation.\n(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.\n(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.\n(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.\nAdded by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.","path":["HEALTH AND SAFETY CODE","TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES","SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES","CHAPTER 488. OVER-THE-COUNTER SALES OF DEXTROMETHORPHAN"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.488.htm#488.004","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"b829ebeb7cb42ae3f9c949e6f38942600d0edf498c3c51d23aee8fc14085f735","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-488.003","next":"us-tx/tex.-health-and-safety-code-488.005"},"notice":"GroundRules: Original legal text. Not legal advice."}