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.