reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 467.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 467 - Peer Assistance Programs|Section 467.005. Reports

Sec. 467.005.  REPORTS.  (a)  A person who knows or suspects that a professional is impaired by chemical dependency on alcohol or drugs or by mental illness may report the professional's name and any relevant information to an approved peer assistance program.(b)  A person who is required by law to report an impaired professional to a licensing or disciplinary authority satisfies that requirement if the person reports the professional to an approved peer assistance program.  The program shall notify the person making the report and the appropriate licensing or disciplinary authority if the person fails to participate in the program as required by the appropriate licensing or disciplinary authority.(c)  An approved peer assistance program may report in writing to the appropriate licensing or disciplinary authority the name of a professional who the program knows or suspects is impaired and any relevant information concerning that professional.(d)  A licensing or disciplinary authority that receives a report made under Subsection (c) shall treat the report in the same manner as it treats an initial allegation of misconduct against a professional.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1997.|
TX Health & Safety Code § 467.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 467 - Peer Assistance Programs|Section 467.006. Assistance to Impaired Professionals

Sec. 467.006.  ASSISTANCE TO IMPAIRED PROFESSIONALS.  (a)  A licensing or disciplinary authority that receives an initial complaint concerning an impaired professional may:(1)  refer the professional to an approved peer assistance program;  or(2)  require the professional to participate in or successfully complete a course of treatment or rehabilitation.(b)  A licensing or disciplinary authority that receives a second or subsequent complaint or a report from a peer assistance program concerning an impaired professional may take the action permitted by Subsection (a) in addition to any other action the authority is otherwise authorized to take in disposing of the complaint.(c)  An approved peer assistance program that receives a report or referral under Subsection (a) or (b) or a report under Section 467.005(a) may intervene to assist the impaired professional to obtain and successfully complete a course of treatment and rehabilitation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 467.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 467 - Peer Assistance Programs|Section 467.007. Confidentiality

Sec. 467.007.  CONFIDENTIALITY.  (a)  Any information, report, or record that an approved peer assistance program or a licensing or disciplinary authority receives, gathers, or maintains under this chapter is confidential.  Except as prescribed by Subsection (b) or by Section 467.005(c), a person may not disclose that information, report, or record without written approval of the impaired professional or other interested person. An order entered by a licensing or disciplinary authority may be confidential only if the licensee subject to the order agrees to the order and there is no previous or pending action, complaint, or investigation concerning the licensee involving malpractice, injury, or harm to any member of the public.  It is the intent of the legislature to encourage impaired professionals to seek treatment for their impairments.(b)  Information that is confidential under Subsection (a) may be disclosed:(1)  at a disciplinary hearing before a licensing or disciplinary authority in which the authority considers taking disciplinary action against an impaired professional whom the authority has referred to a peer assistance program under Section 467.006(a) or (b); (2)  at an appeal from a disciplinary action or order imposed by a licensing or disciplinary authority; (3)  to qualified personnel for bona fide research or educational purposes only after information that would identify a person is removed; (4)  to health care personnel to whom an approved peer assistance program or a licensing or disciplinary authority has referred the impaired professional;  or(5)  to other health care personnel to the extent necessary to meet a health care emergency.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 245, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 467.0075 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 467 - Peer Assistance Programs|Section 467.0075. Consent to Disclosure

Sec. 467.0075.  CONSENT TO DISCLOSURE.  An impaired professional who is reported to a peer assistance program by a third party shall, as a condition of participation in the program, give consent to the program that at a minimum authorizes the program to disclose the impaired professional's failure to successfully complete the program to the appropriate licensing or disciplinary authority.|Added by Acts 1997, 75th Leg., ch. 414, Sec. 2, eff. Sept. 1, 1997.|
TX Health & Safety Code § 467.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 467 - Peer Assistance Programs|Section 467.008. Civil Immunity

Sec. 467.008.  CIVIL IMMUNITY.  (a)  A person who in good faith reports information or takes action in connection with a peer assistance program is immune from civil liability for reporting the information or taking the action.(b)  The civil immunity provided by this section shall be liberally construed to accomplish the purposes of this chapter.(c)  The persons entitled to immunity under this section include:(1)  an approved peer assistance program; (2)  the professional association or licensing or disciplinary authority operating the peer assistance program; (3)  a member, employee, or agent of the program, association, or authority; (4)  a person who reports or provides information concerning an impaired professional; (5)  a professional who supervises or monitors the course of treatment or rehabilitation of an impaired professional;  and(6)  a person who employs an impaired professional in connection with the professional's rehabilitation, unless the person:(A)  knows or should have known that the professional is incapable of performing the job functions involved;  or(B)  fails to take reasonable precautions to monitor the professional's job performance.(d)  A professional association, licensing or disciplinary authority, program, or person acting under this chapter is presumed to have acted in good faith.  A person alleging a lack of good faith has the burden of proof on that issue.(e)  The immunity provided by this section is in addition to other immunity provided by law.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 482.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 482 - Simulated Controlled Substances|Section 482.001. Definitions

Sec. 482.001.  DEFINITIONS.  In this chapter:(1)  "Controlled substance" has the meaning assigned by Sec. 481.002 (Texas Controlled Substances Act).(2)  "Deliver" means to transfer, actually or constructively, from one person to another a simulated controlled substance, regardless of whether there is an agency relationship.  The term includes offering to sell a simulated controlled substance.(3)  "Manufacture" means to make a simulated controlled substance and includes the preparation of the substance in dosage form by mixing, compounding, encapsulating, tableting, or any other process.(4)  "Simulated controlled substance" means a substance that is purported to be a controlled substance, but is chemically different from the controlled substance it is purported to be.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 482.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 482 - Simulated Controlled Substances|Section 482.002. Unlawful Delivery or Manufacture With Intent to Deliver; Criminal Penalty

Sec. 482.002.  UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT TO DELIVER;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person:(1)  expressly represents the substance to be a controlled substance;(2)  represents the substance to be a controlled substance in a manner that would lead a reasonable person to believe that the substance is a controlled substance;  or(3)  states to the person receiving or intended to receive the simulated controlled substance that the person may successfully represent the substance to be a controlled substance to a third party.(b)  It is a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance was:(1)  acting in the discharge of the person's official duties as a peace officer;(2)  manufacturing the substance for or delivering the substance to a licensed medical practitioner for use as a placebo in the course of the practitioner's research or practice;  or(3)  a licensed medical practitioner, pharmacist, or other person authorized to dispense or administer a controlled substance, and the person was acting in the legitimate performance of the person's professional duties.(c)  It is not a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance believed the substance to be a controlled substance.(d)  An offense under this section is a state jail felony.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.03, eff. Sept. 1, 1994.|
TX Health & Safety Code § 482.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 482 - Simulated Controlled Substances|Section 482.003. Evidentiary Rules

Sec. 482.003.  EVIDENTIARY RULES.  (a)  In determining whether a person has represented a simulated controlled substance to be a controlled substance in a manner that would lead a reasonable person to believe the substance was a controlled substance, a court may consider, in addition to all other logically relevant factors, whether:(1)  the simulated controlled substance was packaged in a manner normally used for the delivery of a controlled substance; (2)  the delivery or intended delivery included an exchange of or demand for property as consideration for delivery of the substance and the amount of the consideration was substantially in excess of the reasonable value of the simulated controlled substance;  and(3)  the physical appearance of the finished product containing the substance was substantially identical to a controlled substance.(b)  Proof of an offer to sell a simulated controlled substance must be corroborated by a person other than the offeree or by evidence other than a statement of the offeree.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 482.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 482 - Simulated Controlled Substances|Section 482.004. Summary Forfeiture

Sec. 482.004.  SUMMARY FORFEITURE.  A simulated controlled substance seized as a result of an offense under this chapter is subject to summary forfeiture and to destruction or disposition in the same manner as is a controlled substance property under Subchapter E, Chapter 481. |Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 141, Sec. 3, eff. Sept. 1, 1991.|
TX Health & Safety Code § 482.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 482 - Simulated Controlled Substances|Section 482.005. Preparatory Offenses

Sec. 482.005.  PREPARATORY OFFENSES.  Title 4, Penal Code, applies to an offense under this chapter.|Added by Acts 1995, 74th Leg., ch. 318, Sec. 39, eff. Sept. 1, 1995.|
TX Health & Safety Code § 484.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 484 - Abusable Synthetic Substances|Section 484.001. Definitions

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.|Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.|
TX Health & Safety Code § 484.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 484 - Abusable Synthetic Substances|Section 484.002. Prohibited Acts

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.|Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.|
TX Health & Safety Code § 484.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 484 - Abusable Synthetic Substances|Section 484.003. Civil Penalty

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.|Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.|
TX Health & Safety Code § 484.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 484 - Abusable Synthetic Substances|Section 484.004. Affirmative Defense

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.|Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.|
TX Health & Safety Code § 484.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 484 - Abusable Synthetic Substances|Section 484.005. No Defense

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.|Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.|
TX Health & Safety Code § 488.001 (2021)
2021 Texas Statutes|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|Section 488.001. Definitions

Sec. 488.001.  DEFINITIONS.  (a)  In this chapter:(1)  "Dextromethorphan" means any compound, mixture, or preparation containing any detectable amount of that substance, including its salts, optical isomers, and salts of optical isomers.(2)  "Sale" includes a conveyance, exchange, barter, or trade.(b)  A term that is used in this chapter but is not defined by Subsection (a) has the meaning assigned by Section 481.002 if the term is defined in that section.|Added by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 488.002 (2021)
2021 Texas Statutes|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|Section 488.002. Nonapplicability

Sec. 488.002.  NONAPPLICABILITY.  (a)  This chapter does not apply to the sale of any product dispensed or delivered by a pharmacist according to a prescription issued by a practitioner for a valid medical purpose within the scope of the practitioner's practice as authorized by the practitioner's license issued under Title 3, Occupations Code.(b)  This chapter does not require a business establishment to: (1)  keep specific records of transactions covered by this chapter; or(2)  store dextromethorphan in a specific location in a business establishment or otherwise restrict the availability of dextromethorphan to customers.|Added by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 488.003 (2021)
2021 Texas Statutes|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|Section 488.003. Distribution to Minors Prohibited; Prerequisite to Sale

Sec. 488.003.  DISTRIBUTION TO MINORS PROHIBITED; PREREQUISITE TO SALE. (a) A business establishment may not dispense, distribute, or sell dextromethorphan to a customer under 18 years of age.(b)  Before dispensing, distributing, or selling dextromethorphan over the counter, a business establishment must require the customer obtaining the drug to display a driver's license or other form of identification containing the customer's photograph and indicating that the customer is 18 years of age or older, unless from the customer's outward appearance the person making the sale may reasonably presume the customer to be 27 years of age or older.|Added by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 488.004 (2021)
2021 Texas Statutes|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|Section 488.004. Violation; Civil Penalty

Sec. 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.|Added by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 488.005 (2021)
2021 Texas Statutes|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|Section 488.005. Prohibited Local Regulation

Sec. 488.005.  PROHIBITED LOCAL REGULATION.  (a)  A political subdivision of this state may not adopt or enforce an ordinance, order, rule, regulation, or policy that governs the sale, distribution, or possession of dextromethorphan.(b)  An ordinance, order, rule, regulation, or policy described by Subsection (a) is void and unenforceable.|Added by Acts 2019, 86th Leg., R.S., Ch. 46 (H.B. 1518), Sec. 1, eff. September 1, 2019.|