Texas Health And Safety Code Title 6, Chapter 501 - Hazardous Substances
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 501.001 - Definitions
In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(96), eff. April 2, 2015. (2) "Commerce" includes the operation of...
- Texas Section 501.002 - Hazardous Substance Described
(a) A hazardous substance is: (1) a substance or mixture of substances that is toxic, corrosive, extremely flammable, flammable, combustible, an irritant, or a strong...
- Texas Section 501.003 - Designation Of Radioactive Substance As Hazardous
The executive commissioner by rule shall designate a radioactive substance to be a hazardous substance if, with respect to the substance as used in a...
- Texas Section 501.004 - Designation Of Strong Sensitizer
Before designating a substance as a strong sensitizer, the department must determine that the substance has a significant potential for causing hypersensitivity considering the frequency...
SUBCHAPTER B REGULATION OF SUBSTANCES
- Texas Section 501.005 - Exclusion
This chapter does not apply to the manufacture, distribution, sale, or use of diapers. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1,
- Texas Section 501.021 - Flammability Standards; Determination Of Flammability
(a) The executive commissioner by rule shall establish the methods for determining the flammability of solids, fabrics, children's clothing, household furnishings, and the contents of...
- Texas Section 501.022 - Designation Of Banned Hazardous Substances
(a) The executive commissioner by rule shall designate as a banned hazardous substance any article, including clothing intended for the use of children, that is...
- Texas Section 501.023 - General Labeling And Packaging Requirements
(a) The department shall ensure that each hazardous substance is labeled sufficiently to inform its user of the dangers involved in using, storing, or handling...
- Texas Section 501.0231 - Labeling Of Certain Toys And Games
(a) Toys or games intended for use by children, including the parts of those toys or games, shall be labeled in the manner required by...
- Texas Section 501.0232 - Review And Labeling Of Hazardous Art Materials
(a) Art materials shall be reviewed by a toxicologist. (b) Art materials shall be labeled in the manner required by department rule. The rules adopted...
- Texas Section 501.0233 - Packaging Of Hazardous Substances
Hazardous substances shall be packaged in the manner required by special packaging rules adopted by the executive commissioner. The rules adopted under this section shall...
- Texas Section 501.024 - Registration
(a) A person who manufactures, imports, or repacks a hazardous substance that is distributed in this state or who distributes a hazardous substance in this...
- Texas Section 501.025 - Rules
The executive commissioner may adopt reasonable rules necessary for the efficient administration and enforcement of this chapter. The rules must conform with regulations adopted under...
SUBCHAPTER C ENFORCEMENT
- Texas Section 501.026 - Fees
The executive commissioner by rule shall set reasonable registration fees in an amount as prescribed by Section 12.0111. Added by Acts 2001, 77th Leg., ch....
- Texas Section 501.031 - Examinations And Investigations
(a) To enforce this chapter, an officer, employee, or agent of the department, on the presentation of appropriate credentials to the owner, operator, or agent,...
- Texas Section 501.032 - Records Of Hazardous Substance In Commerce
(a) For the enforcement of this chapter, a carrier engaged in commerce, a person receiving a hazardous substance in commerce, or a person holding a...
- Texas Section 501.033 - Seizure And Disposition Of Banned Or Misbranded Hazardous Substance
(a) If an authorized agent of the department has good reason to believe that a hazardous substance is a banned or misbranded hazardous substance, the...
- Texas Section 501.034 - Prohibited Acts
(a) A person may not hold or offer for sale, sell, or introduce or deliver for introduction into commerce a misbranded hazardous substance or banned...
- Texas Section 501.035 - Offenses; Exceptions
(a) A person commits an offense if the person intentionally, knowingly, or recklessly violates this chapter or a rule adopted under this chapter. (b) An...
- Texas Section 501.036 - Injunction
(a) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued...
SUBCHAPTER D ADMINISTRATIVE PENALTY
- Texas Section 501.037 - Recall Orders
(a) In conjunction with the detention of an article under Section 501.033, the commissioner may order that a hazardous substance be recalled from commerce. (b)...
- Texas Section 501.101 - Imposition Of Penalty
(a) The department may impose an administrative penalty on a person: (1) who manufactures or repacks a hazardous substance that is distributed in this state...
- Texas Section 501.102 - 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 501.103 - 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 501.104 - Penalty To Be Paid Or Hearing Requested
(a) Within 20 days after the date the person receives the notice sent under Section 501.103, the person in writing may: (1) accept the determination...
- Texas Section 501.105 - 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 501.106 - 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 501.107 - Options Following Decision: Pay Or Appeal
Within 30 days after the date an order of the department under Section 501.106 that imposes an administrative penalty becomes final, the person shall: (1)...
- Texas Section 501.108 - Stay Of Enforcement Of Penalty
(a) Within the 30-day period prescribed by Section 501.107, a person who files a petition for judicial review may: (1) stay enforcement of the penalty...
- Texas Section 501.109 - 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 501.110 - 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 501.111 - 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 501.112 - 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 501.113 - 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