(a) In this section:
(1) CONTROLLED SUBSTANCE has the same meaning ascribed to the term by Section 481.002 of the Texas Health and Safety Code, as amended.
(2) CONTROLLED SUBSTANCE ANALOGUE has the same meaning ascribed to the term by Section 481.002 of the Texas Health and Safety Code, as amended.
(3) DANGEROUS DRUG has the same meaning ascribed to the term by Section 483.001 of the Texas Health and Safety Code, as amended.
(4) PROHIBITED SUBSTANCE means a controlled substance, controlled substance analogue, dangerous drug, volatile chemical, or any combination of those substances.
(5) VOLATILE CHEMICAL means any chemical or isomar of a chemical listed in Section 484.002 of the Texas Health and Safety Code, as amended.
(b) A person commits an offense if, with intent to acquire a prohibited substance, he requests, commands, or attempts to induce another to sell, donate, or otherwise transfer or deliver a prohibited substance to the person.
(c) A person may not be convicted under this section unless:
(1) the testimony of the person allegedly solicited is corroborated; and
(2) the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the person’s intent that the other person act on the solicitation.
(d) It is no defense to prosecution under this section that:
(1) no monetary or other consideration was tendered to the person solicited; or
(2) the person solicited was unable or unwilling to transfer or deliver a prohibited substance.
(e) It is an affirmative defense to any prosecution under this section that the solicitation was made:
(1) in furtherance of a transaction that would not constitute a violation of any applicable law; or
(2) by a peace officer, federal law enforcement officer, or other law enforcement agent acting in the lawful discharge of an official duty.
(f) An offense under this section is punishable by a fine of not less than $100 nor more than $2,000.
(g) Any conduct proscribed under this section that is also an offense under state law shall not be prosecuted under this section, but shall be prosecuted pursuant to, and punishable as provided by, the applicable state law. An offense under this section is not a lesser included offense under Chapter 481, 483, or 484 of the Texas Health and Safety Code. (Ord. 20795)