Public-domain · open source
OpenJurist

Tex. Occ. Code § 565.062

BURDEN OF PROOF

Known as the Texas Pharmacy Act

The act spans §§ 551–569 (265 sections).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff

(a) In a proceeding under this subtitle, including a trial or hearing, the state is not required to negate an exemption or exception set forth by this subtitle in a pleading, including in a complaint, information, or indictment.

(b) The burden of going forward with the evidence with respect to an exemption or exception is on the person claiming the benefit of the exemption or exception.

(c) In the absence of proof that a person is the authorized holder of an appropriate license issued under this subtitle, the person is presumed not to be the holder of the license. The presumption is subject to rebuttal by a person charged with an offense under this subtitle.

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