§ 24-77. Affirmative defenses.  


Latest version.
  • It shall be an affirmative defense to a violation of this article that any act described in this article:

    (1)

    Is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act;

    (2)

    Is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or a spiritual leader recognized by the State of Texas if the person charged with a violation of this article can provide proper and complete historic documentation of this; or

    (3)

    Is in the possession of a governmental entity for law enforcement, educational, research, or other similar purposes.

(Ord. No. 2010-9204, § 2, 9-9-10)