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A BILL TO BE ENTITLED
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AN ACT
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relating to local regulation regarding the sale of certain abusable |
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drugs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 370, Local Government Code, is amended |
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by adding Section 370.0031 to read as follows: |
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Sec. 370.0031. LOCAL REGULATION REGARDING SALE OF CERTAIN |
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ABUSABLE DRUGS. (a) Except as provided by Subsection (b), the |
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governing body of a municipality or county in this state may enact |
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an ordinance or rule prohibiting the sale of any drug or chemical |
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that is potentially abusable and poses a threat to public health as |
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determined by the governing body. |
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(b) The governing body of a municipality or county may not |
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enact an ordinance or rule under Subsection (a) prohibiting the |
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sale of any substance that is approved by the federal Food and Drug |
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Administration. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |