Tex.
Health & Safety Code 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.
Source:
Section 488.004 — Violation; Civil Penalty, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.488.htm#488.004 (accessed Jun. 5, 2024).
