Bill Text: TX SB992 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to misrepresentations in connection with certain drug testing devices or equipment; providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-04-29 - Left pending in committee [SB992 Detail]
Download: Texas-2013-SB992-Engrossed.html
By: Taylor | S.B. No. 992 |
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relating to misrepresentations in connection with certain drug | ||
testing devices or equipment; providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.42, Penal Code, is amended by | ||
amending Subsection (b) and adding Subsection (e) to read as | ||
follows: | ||
(b) A person commits an offense if in the course of business | ||
he intentionally, knowingly, recklessly, or with criminal | ||
negligence commits one or more of the following deceptive business | ||
practices: | ||
(1) using, selling, or possessing for use or sale a | ||
false weight or measure, or any other device for falsely | ||
determining or recording any quality or quantity; | ||
(2) selling less than the represented quantity of a | ||
property or service; | ||
(3) taking more than the represented quantity of | ||
property or service when as a buyer the actor furnishes the weight | ||
or measure; | ||
(4) selling an adulterated or mislabeled commodity; | ||
(5) passing off property or service as that of | ||
another; | ||
(6) representing that a commodity is original or new | ||
if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, | ||
used, or secondhand; | ||
(7) representing that a commodity or service is of a | ||
particular style, grade, or model if it is of another; | ||
(8) advertising property or service with intent: | ||
(A) not to sell it as advertised, or | ||
(B) not to supply reasonably expectable public | ||
demand, unless the advertising adequately discloses a time or | ||
quantity limit; | ||
(9) representing the price of property or service | ||
falsely or in a way tending to mislead; | ||
(10) making a materially false or misleading statement | ||
of fact concerning the reason for, existence of, or amount of a | ||
price or price reduction; | ||
(11) conducting a deceptive sales contest; [ |
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(12) making a materially false or misleading | ||
statement: | ||
(A) in an advertisement for the purchase or sale | ||
of property or service; or | ||
(B) otherwise in connection with the purchase or | ||
sale of property or service; or | ||
(13) manufacturing, selling, or attempting to sell a | ||
drug testing device or equipment and representing that the device | ||
or equipment is capable of or certified for returning quantitative | ||
drug test results if the device or equipment has not been approved | ||
by the United States Food and Drug Administration to perform | ||
quantitative drug tests. | ||
(e) An offense under Subsection (b)(13) is a Class C | ||
misdemeanor. Each violation of Subsection (b)(13) constitutes a | ||
separate offense. | ||
SECTION 2. This Act takes effect September 1, 2013. |