Texas Health And Safety Code Title 6, Chapter 485 - Abusable Volatile Chemicals
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 485.001 - Definitions
In this chapter: (1) "Abusable volatile chemical" means: (A) a chemical, including aerosol paint, that: (i) is packaged in a container subject to the labeling...
SUBCHAPTER B SALES PERMITS AND SIGNS
- Texas Section 485.002 - Rules
The executive commissioner may adopt rules necessary to comply with any labeling requirements concerning precautions against inhalation of an abusable volatile chemical established under the...
- Texas Section 485.011 - Permit Required
A person may not sell an abusable volatile chemical at retail unless the person or the person's employer holds, at the time of the sale,...
- Texas Section 485.012 - Issuance And Renewal Of Permit
(a) To be eligible for the issuance or renewal of a volatile chemical sales permit, a person must: (1) hold a sales tax permit that...
- Texas Section 485.013 - Fee
The executive commissioner by rule may establish fees in amounts as prescribed by Section 12.0111. Added by Acts 2001, 77th Leg., ch. 1463, Sec. 2,...
- Texas Section 485.014 - Permit Available For Inspection
A permit holder must have the volatile chemical sales permit or a copy of the permit available for inspection by the public at each location...
- Texas Section 485.015 - Refusal To Issue Or Renew Permit
A proceeding for the failure to issue or renew a volatile chemical sales permit under Section 485.012 or for an appeal from that proceeding is...
- Texas Section 485.016 - Disposition Of Funds; Education And Prevention Programs
(a) The department shall account for all amounts received under Section 485.013 and send those amounts to the comptroller. (b) The comptroller shall deposit the...
- Texas Section 485.017 - Signs
A business establishment that sells an abusable volatile chemical at retail shall display a conspicuous sign, in English and Spanish, that states the following: It...
- Texas Section 485.018 - Prohibited Ordinance And Rule
(a) A political subdivision or an agency of this state may not enact an ordinance or rule that requires a business establishment to display an...
SUBCHAPTER C CRIMINAL PENALTIES
- Texas Section 485.019 - Restriction Of Access To Aerosol Paint
(a) A business establishment that holds a permit under Section 485.012 and that displays aerosol paint shall display the paint: (1) in a place that...
- Texas Section 485.031 - Possession And Use
(a) A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply,...
- Texas Section 485.032 - Delivery To A Minor
(a) A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of...
- Texas Section 485.033 - Inhalant Paraphernalia
(a) A person commits an offense if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce...
- Texas Section 485.034 - Failure To Post Sign
(a) A person commits an offense if the person sells an abusable volatile chemical in a business establishment and the person does not display the...
- Texas Section 485.035 - Sale Without Permit
(a) A person commits an offense if the person sells an abusable volatile chemical in violation of Section 485.011 and the purchaser is 18 years...
- Texas Section 485.036 - Proof Of Offer To Sell
Proof of an offer to sell an abusable volatile chemical must be corroborated by a person other than the offeree or by evidence other than...
- Texas Section 485.037 - Summary Forfeiture
An abusable volatile chemical or inhalant paraphernalia seized as a result of an offense under this chapter is subject to summary forfeiture and to destruction...
SUBCHAPTER D ADMINISTRATIVE PENALTY
- Texas Section 485.038 - Preparatory Offenses
Title 4, Penal Code, applies to an offense under this subchapter. Added by Acts 1995, 74th Leg., ch. 318, Sec. 43, eff. Sept. 1, 1995....
- Texas Section 485.101 - Imposition Of Penalty
(a) The department may impose an administrative penalty on a person who sells abusable glue or aerosol paint at retail who violates this chapter or...
- Texas Section 485.102 - Amount Of Penalty
(a) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation...
- Texas Section 485.103 - Report And Notice Of Violation And Penalty
(a) If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person....
- Texas Section 485.104 - Penalty To Be Paid Or Hearing Requested
(a) Within 20 days after the date the person receives the notice sent under Section 485.103, the person in writing may: (1) accept the determination...
- Texas Section 485.105 - Hearing
(a) If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a...
- Texas Section 485.106 - Decision By Department
(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may: (1) find that a violation...
- Texas Section 485.107 - Options Following Decision: Pay Or Appeal
Within 30 days after the date the order of the department under Section 485.106 that imposes an administrative penalty becomes final, the person shall: (1)...
- Texas Section 485.108 - Stay Of Enforcement Of Penalty
(a) Within the 30-day period prescribed by Section 485.107, a person who files a petition for judicial review may: (1) stay enforcement of the penalty...
- Texas Section 485.109 - Collection Of Penalty
(a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The...
- Texas Section 485.110 - Decision By Court
(a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the...
- Texas Section 485.111 - Remittance Of Penalty And Interest
(a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court,...
- Texas Section 485.112 - Release Of Bond
(a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment...
- Texas Section 485.113 - Administrative Procedure
A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 1999, 76th Leg., ch....
Last modified: September 28, 2016