As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:
Controlled substance.
Shall have the meaning ascribed to it by section 481.002(5), Texas Health and Safety Code, or any amendments thereto.
Controlled substance analogue.
Shall have the meaning ascribed to it by section 481.002(6), Texas Health and Safety Code, or any amendments thereto.
Dangerous drug.
Shall have the meaning ascribed to it by section 483.001(2), Texas Health and Safety Code, or any amendments thereto.
Prohibited substance.
A controlled substance, controlled substance analogue, dangerous drug, volatile chemical, or any combination thereof.
Volatile chemical.
Any of the chemicals, or an isomer of any of the chemicals, listed in section 485.001, Texas Health and Safety Code, or any amendments thereto.
(Ordinance 93-68, sec. 1, adopted 11/16/93; 1978 Code, sec. 18-29)
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
Violation of this section shall constitute a misdemeanor punishable, upon conviction, by a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00). However, any conduct prescribed hereunder which also constitutes 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 or chapter 485, Texas Health and Safety Code.
(Ordinance 93-68, sec. 1, adopted 11/16/93; 1978 Code, sec. 18-30)
In setting the amount of penalty for violation of this article, the city council affirmatively finds that this article governs conduct involving trafficking in illegal and dangerous chemical substances that poses a serious threat to the public health, and that it is therefore appropriate to prescribe a maximum fine of two thousand dollars ($2,000.00) for a violation of this article pursuant to the authority granted by section 2 of Acts 1987, 70th Legislature, chapter 680 (section 54.001 of the Local Government Code as amended by chapter 1, Acts of the 71st Legislature, Regular Session, 1989).
(Ordinance 93-68, sec. 1, adopted 11/16/93; 1978 Code, sec. 18-31)