CHAPTER 468. PROGRAMS AND INITIATIVES TO PREVENT THE MANUFACTURE AND USE OF METHAMPHETAMINE
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
283, Sec. 1, eff. June 15, 2005.