Sec. 345.087. PROHIBITED ACTS; CRIMINAL OFFENSE

(a) A person commits an offense if a person:

(1) manufactures, repairs, or renovates:

(A) bedding using material in violation of rules adopted under Section 345.0055;

(B) bedding or batting in violation of Section 345.005;

(C) bedding using material in violation of Section 345.024; or

(D) bedding that does not conform to the label requirements of Subchapter B;

(2) introduces or delivers for introduction into commerce:

(A) bedding or batting manufactured, repaired, or renovated in violation of Section 345.005, 345.0055, or 345.024;

(B) bedding that does not conform to the label requirements of Subchapter B; or

(C) bedding or material the sale of which is prohibited as provided by Section 345.084;

(3) receives in commerce:

(A) bedding or batting manufactured, repaired, or renovated in violation of Section 345.005, 345.0055, or 345.024;

(B) bedding that does not conform to the label requirements of Subchapter B; or

(C) bedding or material the sale of which is prohibited as provided by Section 345.084; or

(4) violates Section 345.041, 345.042, or any other provision of this chapter or a rule adopted under this chapter.

(b) An offense under this section is a Class A misdemeanor.

(c) In a criminal proceeding under Subsection (a)(1), (2), or (3), it is not necessary to prove intent, knowledge, recklessness, or criminal negligence.

(d) It is a defense to prosecution under Subsection (a)(2) or (3) that the person acted in good faith and was not the person who manufactured, repaired, or renovated the article. This subsection does not apply unless the person furnishes, on request of the department or a local health authority, the name and address of the person from whom the article was received and copies of any documents relating to receipt of the article.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 8, eff. Sept. 1, 1997.