2005 Texas Health & Safety Code CHAPTER 468. PROGRAMS AND INITIATIVES TO PREVENT THE MANUFACTURE AND USE OF METHAMPHETAMINE

HEALTH & SAFETY CODE

CHAPTER 468. PROGRAMS AND INITIATIVES TO PREVENT THE MANUFACTURE 
AND USE OF METHAMPHETAMINE

SUBCHAPTER A. METHAMPHETAMINE WATCH PROGRAM


	§ 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, § 1, eff. June 15, 2005.           


	§ 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, § 1, eff. June 15, 2005.           


	§ 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, § 1, eff. June 15, 2005.           


	§ 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, § 1, eff. June 15, 2005.           


	§ 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, § 1, eff. June 15, 2005.           

SUBCHAPTER B. PREVENTION AND EDUCATION PROGRAMS


	§ 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, § 1, eff. June 15, 2005.           


	§ 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, § 1, eff. June 15, 2005.           

SUBCHAPTER C. DRUG-ENDANGERED CHILD INITIATIVE


	§ 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, § 1, eff. June 15, 2005.           


	§ 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, § 1, eff. June 15, 2005.           


	§ 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, § 1, eff. June 15, 2005.