§ 130.04  DRUGS; PROHIBITED CONDUCT.
   (A)   Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
      ABUSABLE VOLATILE CHEMICAL.  Shall have the meaning ascribed to it by Tex. Health and Safety Code, § 485.001(1) or any amendments thereto.
      CONTROLLED SUBSTANCE.  Shall have the meaning ascribed to it by Tex. Health and Safety Code, § 481.002(5) or any amendments thereto.
      CONTROLLED SUBSTANCE ANALOGUE.  Shall have the meaning ascribed to it by Tex. Health and Safety Code, § 481.002(6) or any amendment thereto.
      DANGEROUS DRUG.  Shall have the meaning ascribed to it by Tex. Health and Safety Code, § 483.001(2) or any amendment thereto.
      PROHIBITED SUBSTANCE.  Shall mean a controlled substance, controlled substance analogue, dangerous drug, abusable volatile chemical, or any combination thereof.
   (B)   Offense.  A person commits an offense if, with intent to acquire a prohibited substance, he or she requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance to the person.
   (C)   Conviction.  A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited and unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.
   (D)   No defense.  It is no defense to prosecution under this section that:
      (1)   No monetary or other consideration was tendered to the person solicited, or
      (2)   That the person solicited was unable or unwilling to transfer or deliver a prohibited substance.
   (E)   Affirmative defense.  It is an affirmative defense to any prosecution under this section that:
      (1)   The solicitation is made in furtherance of a transaction which would not constitute a violation of any applicable law; or
      (2)   The solicitation is made by a peace officer or Federal law enforcement officer in the lawful discharge of his duties or by a law enforcement agent acting in the lawful discharge of an official duty.
(Ord. 09-0915, passed 9-15-2009)