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Tex. Health & Safety Code § 481.184

BURDEN OF PROOF; LIABILITIES

Known as the Texas Controlled Substances Act

The act spans §§ 481.001 to 481.354 (126 sections).

Applied in 8 court decisions — leading case Hernandez v. State (1991)

Most recently applied in Laura Knight v. State (January 2015)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff

How often courts cite this section

199020002010201520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The state is not required to negate an exemption or exception provided by this chapter in a complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. A person claiming the benefit of an exemption or exception has the burden of going forward with the evidence with respect to the exemption or exception.

(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, the person is presumed not to be the holder of the registration or form. The presumption is subject to rebuttal by a person charged with an offense under this chapter.

(c) This chapter does not impose a liability on an authorized state, county, or municipal officer engaged in the lawful performance of official duties.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.