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.
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