75R9907 PEP-D
By Coleman H.B. No. 1786
Substitute the following for H.B. No. 1786:
By Hirschi C.S.H.B. No. 1786
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain abusable volatile chemicals;
1-3 imposing certain civil and administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 485, Health and Safety Code, is amended
1-6 to read as follows:
1-7 CHAPTER 485. ABUSABLE VOLATILE CHEMICALS
1-8 [GLUES AND AEROSOL PAINTS]
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 485.001. DEFINITIONS. In this chapter:
1-11 (1) "Abusable volatile chemical [glue or aerosol
1-12 paint]" means a chemical, including [glue or] aerosol paint, that
1-13 [is]:
1-14 (A) is packaged in a container subject to
1-15 [holding a pint or less by volume or less than two pounds by
1-16 weight; and]
1-17 [(B) labeled in accordance with] the labeling
1-18 requirements concerning precautions against inhalation established
1-19 under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
1-20 et seq.), and [under] regulations adopted under that Act;
1-21 (B) when inhaled, ingested, or otherwise
1-22 introduced into a person's body, may:
1-23 (i) affect the person's central nervous
1-24 system;
2-1 (ii) create or induce in the person a
2-2 condition of intoxication, hallucination, or elation; or
2-3 (iii) change, distort, or disturb the
2-4 person's eyesight, thinking process, balance, or coordination; and
2-5 (C) is not:
2-6 (i) a pesticide subject to Chapter 76,
2-7 Agriculture Code, or to the Federal Environmental Pesticide Control
2-8 Act of 1972 (7 U.S.C. Section 136 et seq.);
2-9 (ii) a food, drug, or cosmetic subject to
2-10 Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21
2-11 U.S.C. Section 301 et seq.); or
2-12 (iii) a beverage subject to the Federal
2-13 Alcohol Administration Act (27 U.S.C. Section 201 et seq.).
2-14 (2) "Aerosol paint" means an aerosolized paint
2-15 product, including a clear or pigmented lacquer or finish.
2-16 (3) "Board" means the Texas Board of Health.
2-17 (4) "Commissioner" means the commissioner of health.
2-18 (5) [(4)] "Deliver" means to make the actual or
2-19 constructive transfer from one person to another of an abusable
2-20 volatile chemical [glue or aerosol paint], regardless of whether
2-21 there is an agency relationship. The term includes an offer
2-22 [offering] to sell an abusable volatile chemical [glue or aerosol
2-23 paint].
2-24 (6) [(5)] "Delivery" means the act of delivering.
2-25 (7) [(6)] "Department" means the Texas Department of
2-26 Health.
2-27 [(7) "Glue" means an adhesive substance intended to be
3-1 used to join two surfaces.]
3-2 (8) "Inhalant paraphernalia" means equipment,
3-3 products, or materials of any kind that are used or intended for
3-4 use in inhaling, ingesting, or otherwise introducing into the human
3-5 body an abusable volatile chemical [glue or aerosol paint in
3-6 violation of Section 485.031]. The term includes:
3-7 (A) a can, tube, or other container used as the
3-8 original receptacle for an abusable volatile chemical [glue or
3-9 aerosol paint]; or
3-10 (B) a can, tube, balloon, bag, fabric, bottle,
3-11 or other container used to contain, concentrate, or hold in
3-12 suspension an abusable volatile chemical [glue or aerosol paint,]
3-13 or vapors of the chemical [glue or paint].
3-14 (9) "Sell" includes a conveyance, exchange, barter, or
3-15 trade.
3-16 SUBCHAPTER B. ADDITIVES, SALES PERMITS, AND SIGNS
3-17 Sec. 485.011. ADDITIVES. (a) The board [commissioner] by
3-18 rule shall:
3-19 (1) approve and designate additive materials to be
3-20 included in abusable volatile chemicals [glue or aerosol paint];
3-21 and
3-22 (2) prescribe the proportions of additive materials to
3-23 be placed in abusable volatile chemicals [glue or aerosol paint].
3-24 (b) The rules must be designed to safely and effectively
3-25 discourage intentional abuse by inhalation of abusable volatile
3-26 chemicals [glue or aerosol paint] at the lowest practicable cost to
3-27 the manufacturers and distributors of the chemicals [glue or
4-1 paint].
4-2 Sec. 485.012. PERMIT REQUIRED. A person may not sell an
4-3 abusable volatile chemical [glue or aerosol paint] at retail unless
4-4 the person or the person's employer holds [has], at the time of the
4-5 sale, a volatile chemical [glue and paint] sales permit for the
4-6 location of the sale.
4-7 Sec. 485.013. ISSUANCE AND RENEWAL OF PERMIT. (a) To be
4-8 eligible for the issuance or renewal of a volatile chemical [glue
4-9 and paint] sales permit, a person must:
4-10 (1) hold [have] a sales tax permit that has been
4-11 issued to the person;
4-12 (2) complete and return to the department an
4-13 application as required by the department; and
4-14 (3) pay to the department the [a $25] application fee
4-15 established under Section 485.0135 for each location at which an
4-16 abusable volatile chemical [glue and aerosol paint] may be sold by
4-17 the person holding [on obtaining] a volatile chemical [glue and
4-18 paint] sales permit.
4-19 (b) The board [department] shall adopt rules as necessary to
4-20 administer this chapter, including application procedures and
4-21 procedures by which the department shall give each permit holder
4-22 [permittee] reasonable notice of permit expiration and renewal
4-23 requirements.
4-24 (c) The department shall issue or deny a permit and notify
4-25 the applicant of the department's action not later than the 60th
4-26 day after the date on which the department receives the application
4-27 and appropriate fee. If the department denies an application, the
5-1 department shall include in the notice the reasons for the denial.
5-2 (d) A permit issued or renewed under this chapter is valid
5-3 for one year from the date of issuance or renewal.
5-4 (e) A permit is not valid if the permit holder has been
5-5 convicted more than once in the preceding year of an offense [that
5-6 is] committed:
5-7 (1) at a [the] location for which the permit is
5-8 issued; and
5-9 (2) under Section [484.005(a),] 485.031, 485.032,
5-10 485.033, or 485.034.
5-11 (f) A permit issued by the department is the property of the
5-12 department and must be surrendered on demand by the department.
5-13 (g) The department shall prepare an annual roster of permit
5-14 holders.
5-15 (h) The department shall monitor and enforce compliance with
5-16 this chapter.
5-17 Sec. 485.0135. FEES. The board by rule may establish fees
5-18 as necessary to recover the costs associated with administering
5-19 this chapter, including a standard fee in an amount not to exceed
5-20 $50 for the issuance of a permit under this chapter.
5-21 Sec. 485.014. PERMIT AVAILABLE FOR INSPECTION. A permit
5-22 holder must have the volatile chemical [glue and paint] sales
5-23 permit or a copy of the permit available for inspection by the
5-24 public at each location [the place] where the permit holder sells
5-25 an abusable volatile chemical [glue and aerosol paint].
5-26 Sec. 485.015. REFUSAL TO ISSUE OR RENEW PERMIT. A
5-27 proceeding for the failure to issue or renew a volatile chemical
6-1 [glue and paint] sales permit under Section 485.013 or for an
6-2 appeal from that proceeding is governed by the contested case
6-3 provisions of Chapter 2001, Government Code.
6-4 Sec. 485.016. DISPOSITION OF FUNDS; EDUCATION AND PREVENTION
6-5 PROGRAMS. (a) The department shall [receive and] account for all
6-6 amounts [funds] received under Section 485.0135 [485.013] and send
6-7 those amounts [the funds as they are received] to the comptroller.
6-8 (b) The comptroller shall deposit the amounts received under
6-9 Subsection (a) in the state treasury [those funds] to the credit of
6-10 a separate account in the general revenue fund to be known as the
6-11 inhalant abuse prevention account. Money in the account may [to]
6-12 be used only to:
6-13 (1) administer, monitor, and enforce this chapter; and
6-14 (2) finance education projects concerning the hazards
6-15 of abusable volatile chemicals [glue or aerosol paint] and the
6-16 prevention of inhalant abuse.
6-17 (c) The department shall enter into a memorandum of
6-18 understanding with the Texas Commission on Alcohol and Drug Abuse
6-19 to implement the education and prevention programs.
6-20 Sec. 485.017. SIGNS. A business establishment that sells an
6-21 abusable volatile chemical [glue or aerosol paint] at retail shall
6-22 display a conspicuous sign, in English and Spanish, that states the
6-23 following:
6-24 It is unlawful for a person to sell or deliver an
6-25 abusable volatile chemical [glue or aerosol paint] to a
6-26 person under 18 years of age. Except in limited
6-27 situations, such an offense is a state jail [3rd
7-1 degree] felony.
7-2 It is also unlawful for a person to abuse a volatile
7-3 chemical [glue or aerosol paint] by inhaling,
7-4 ingesting, applying, using, or possessing with intent
7-5 to inhale, ingest, apply, or use a volatile chemical
7-6 [glue or aerosol paint] in a manner designed to affect
7-7 the central nervous system. Such an offense is a
7-8 Class B misdemeanor.
7-9 Sec. 485.018. PROHIBITED ORDINANCE AND RULE. (a) A
7-10 political subdivision or an agency of this [the] state may not
7-11 enact an ordinance or rule that requires a business establishment
7-12 to display an abusable volatile chemical [glue or aerosol paint] in
7-13 a manner that makes the chemical [glue or paint] accessible to
7-14 patrons of the business only with the assistance of personnel of
7-15 the business.
7-16 (b) This section does not apply to an ordinance or rule that
7-17 was enacted before September 1, 1989.
7-18 SUBCHAPTER C. CRIMINAL PENALTIES
7-19 Sec. 485.031. POSSESSION AND USE. (a) A person commits an
7-20 offense if the person inhales, ingests, applies, uses, or possesses
7-21 an abusable volatile chemical [glue or aerosol paint] with intent
7-22 to inhale, ingest, apply, or use the chemical [abusable glue or
7-23 aerosol paint] in a manner:
7-24 (1) contrary to directions for use, cautions, or
7-25 warnings appearing on a label of a container of the chemical [glue
7-26 or paint]; and
7-27 (2) designed to:
8-1 (A) affect the person's central nervous system;
8-2 (B) create or induce a condition of
8-3 intoxication, hallucination, or elation; or
8-4 (C) change, distort, or disturb the person's
8-5 eyesight, thinking process, balance, or coordination.
8-6 (b) An offense under this section is a Class B misdemeanor.
8-7 Sec. 485.032. MANUFACTURE AND DELIVERY. (a) A person
8-8 commits an offense if the person intentionally manufactures,
8-9 delivers, or possesses with intent to manufacture or deliver an
8-10 abusable volatile chemical [glue or aerosol paint] that does not
8-11 contain additive material in accordance with rules adopted by the
8-12 board [commissioner].
8-13 (b) It is an affirmative defense to prosecution under this
8-14 section that the abusable volatile chemical [glue or aerosol paint]
8-15 is packaged in bulk quantity containers, each of which holds at
8-16 least two gallons, and is intended for ultimate use only by
8-17 industrial or commercial enterprises.
8-18 (c) An offense under this section is a Class A misdemeanor.
8-19 Sec. 485.033. DELIVERY TO A MINOR. (a) A person commits an
8-20 offense if the person [intentionally, knowingly, or] recklessly
8-21 delivers an abusable volatile chemical [glue or aerosol paint] to a
8-22 person who is younger than 18 years of age.
8-23 (b) It is a defense to prosecution under this section that:
8-24 (1) the abusable volatile chemical [glue or aerosol
8-25 paint] that was delivered contains additive material that
8-26 effectively discourages intentional abuse by inhalation and [or] is
8-27 in compliance with rules adopted by the board [commissioner] under
9-1 Section 485.011; or
9-2 (2) the person making the delivery is not the
9-3 manufacturer of the chemical and, at the time of the commission of
9-4 the offense, is not aware that the manufacturer of the chemical
9-5 failed to label the chemical in accordance with the Federal
9-6 Hazardous Substances Act (15 U.S.C. Section 1261 et seq.).
9-7 (c) It is an affirmative defense to prosecution under this
9-8 section that:
9-9 (1) the person making the delivery is an adult having
9-10 supervisory responsibility over the person younger than 18 years of
9-11 age and:
9-12 (A) the adult permits the use of the abusable
9-13 volatile chemical [glue or aerosol paint] only under the adult's
9-14 direct supervision and in the adult's presence and only for its
9-15 intended purpose; and
9-16 (B) the adult removes the chemical [substance]
9-17 from the person younger than 18 years of age on completion of that
9-18 use; or
9-19 (2) the person to whom the abusable volatile chemical
9-20 [glue or aerosol paint] was delivered presented to the defendant an
9-21 apparently valid Texas driver's license or an identification
9-22 certificate [card], issued by the Department of Public Safety of
9-23 the State of Texas and containing a physical description consistent
9-24 with the person's appearance, that purported to establish that the
9-25 person was 18 years of age or older.
9-26 (d) Except as provided by Subsections (e) and (f), an
9-27 offense under this section is a state jail felony.
10-1 (e) An offense under this section is a Class B misdemeanor
10-2 if it is shown on the trial of the defendant that at the time of
10-3 the delivery the defendant or the defendant's employer held [had] a
10-4 volatile chemical [glue and paint] sales permit for the location of
10-5 the sale.
10-6 (f) An offense under this section is a Class A misdemeanor
10-7 if it is shown on the trial of the defendant that at the time of
10-8 the delivery the defendant or the defendant's employer:
10-9 (1) did not hold [have] a volatile chemical [glue and
10-10 paint] sales permit but did hold [have] a sales tax permit for the
10-11 location of the sale; and
10-12 (2) had not been convicted previously under this
10-13 section for an offense committed after January 1, 1988.
10-14 Sec. 485.034. INHALANT PARAPHERNALIA. (a) A person commits
10-15 an offense if the person [intentionally or] knowingly uses or
10-16 possesses with intent to use inhalant paraphernalia to inhale,
10-17 ingest, or otherwise introduce into the human body an abusable
10-18 volatile chemical [glue or aerosol paint] in violation of Section
10-19 485.031.
10-20 (b) A person commits an offense if the person:
10-21 (1) knowingly [or intentionally]:
10-22 (A) delivers or sells inhalant paraphernalia;
10-23 (B) possesses, with intent to deliver or sell,
10-24 inhalant paraphernalia; or
10-25 (C) manufactures, with intent to deliver or
10-26 sell, inhalant paraphernalia; and
10-27 (2) at the time of the act described by Subdivision
11-1 (1), knows that the person who receives or is intended to receive
11-2 the paraphernalia intends that it be used to inhale, ingest, apply,
11-3 use, or otherwise introduce into the human body a [substance
11-4 containing a] volatile chemical in violation of Section 485.031.
11-5 (c) An offense under Subsection (a) is a Class B
11-6 misdemeanor, and an offense under Subsection (b) is a Class A
11-7 misdemeanor.
11-8 Sec. 485.035. FAILURE TO POST SIGN. (a) A person commits
11-9 an offense if the person sells an abusable volatile chemical [glue
11-10 or aerosol paint] in a business establishment and the person does
11-11 not display the [a] sign [as] required by Section 485.017.
11-12 (b) An offense under this section is a Class C misdemeanor.
11-13 Sec. 485.036. SALE WITHOUT PERMIT. (a) A person commits an
11-14 offense if the person sells an abusable volatile chemical [glue or
11-15 aerosol paint] in violation of Section 485.012 and the purchaser is
11-16 18 years of age or older.
11-17 (b) An offense under this section is a Class B misdemeanor.
11-18 Sec. 485.037. PROOF OF OFFER TO SELL. Proof of an offer to
11-19 sell an abusable volatile chemical [glue or aerosol paint] must be
11-20 corroborated by a person other than the offeree or by evidence
11-21 other than a statement of the offeree.
11-22 Sec. 485.038. SUMMARY FORFEITURE. An abusable volatile
11-23 chemical [glue, aerosol paint,] or inhalant paraphernalia seized as
11-24 a result of an offense under this chapter is subject to summary
11-25 forfeiture and to destruction or disposition in the same manner as
11-26 controlled substance property under Subchapter E, Chapter 481.
11-27 Sec. 485.039. PREPARATORY OFFENSES. Title 4, Penal Code,
12-1 applies to an offense under this subchapter.
12-2 SUBCHAPTER D. CIVIL AND ADMINISTRATIVE PENALTIES
12-3 Sec. 485.051. CIVIL PENALTY; INJUNCTION. (a) If it appears
12-4 that a person has violated, is violating, or is threatening to
12-5 violate this chapter or a rule adopted under this chapter, the
12-6 commissioner may request the attorney general, a district or county
12-7 attorney for the county, or the city attorney of the municipality
12-8 in which the violation has occurred, is occurring, or may occur to
12-9 institute a civil suit for:
12-10 (1) a permanent or temporary injunction, restraining
12-11 order, other order enjoining the violation or directing compliance,
12-12 or other appropriate order if the department shows that the person
12-13 is engaged in or is about to engage in a violation;
12-14 (2) the assessment and recovery of a civil penalty; or
12-15 (3) both the injunctive relief and civil penalty.
12-16 (b) The amount of the penalty may not exceed $25,000 for
12-17 each violation. Each day a violation continues is a separate
12-18 violation.
12-19 (c) In determining the amount of the penalty, the court
12-20 shall consider:
12-21 (1) the person's history of previous violations;
12-22 (2) the seriousness of the violation;
12-23 (3) any hazard to the health and safety of the public;
12-24 (4) the demonstrated good faith of the person charged,
12-25 including any effort by that person to establish or implement
12-26 policies or procedures to ensure compliance with this chapter; and
12-27 (5) any other matter that justice may require.
13-1 (d) Venue for a suit brought under this section is in the
13-2 municipality or county in which the violation has occurred, is
13-3 occurring, or is threatened to occur, or in Travis County.
13-4 (e) A civil penalty recovered in a suit brought by a county
13-5 or municipality under this chapter shall be paid to the county or
13-6 municipality. A civil penalty recovered by the attorney general or
13-7 a district attorney shall be deposited in the state treasury to the
13-8 credit of the inhalant abuse prevention account.
13-9 (f) The commissioner, the attorney general, a county, or a
13-10 municipality may recover reasonable expenses incurred in obtaining
13-11 injunctive relief, civil penalties, or both under this section,
13-12 including investigative costs, court costs, reasonable attorney's
13-13 fees, witness fees, and deposition expenses.
13-14 Sec. 485.052. ADMINISTRATIVE PENALTY. (a) The department
13-15 may impose an administrative penalty against a person who holds a
13-16 permit under this chapter and who violates this chapter or a rule
13-17 adopted or order issued under this chapter.
13-18 (b) The amount of the penalty may not exceed $25,000 for
13-19 each violation. Each day a violation continues is a separate
13-20 violation.
13-21 (c) In determining the amount of the penalty, the department
13-22 shall consider:
13-23 (1) the person's history of previous violations;
13-24 (2) the seriousness of the violation;
13-25 (3) any hazard to the health and safety of the public;
13-26 (4) the demonstrated good faith of the person charged,
13-27 including any effort by that person to establish or implement
14-1 policies or procedures to ensure compliance with this chapter; and
14-2 (5) any other matter justice may require.
14-3 Sec. 485.053. NOTICE OF ADMINISTRATIVE PENALTY; ACCEPTANCE
14-4 OR REQUEST FOR HEARING. (a) If the department determines that a
14-5 violation has occurred, the department shall give written notice of
14-6 that determination to the person. The notice must include:
14-7 (1) a brief summary of the alleged violation;
14-8 (2) a statement of the amount of the proposed penalty
14-9 based on the factors listed in Section 485.052; and
14-10 (3) a statement of the person's right to a hearing on
14-11 the occurrence of the violation, the amount of the penalty, or both
14-12 the occurrence of the violation and the amount of the penalty.
14-13 (b) Not later than the 20th day after the date the person
14-14 receives the notice, the person may accept the determination of the
14-15 department under this section, including the amount of the proposed
14-16 penalty, or may make a written request for a hearing on that
14-17 determination.
14-18 (c) If the person accepts the determination and proposed
14-19 penalty or if the person fails to respond timely to the notice, the
14-20 department shall issue an order affirming the determination and
14-21 imposing the penalty.
14-22 Sec. 485.054. HEARING; ORDER. (a) If the person requests a
14-23 hearing, the department shall:
14-24 (1) set a hearing;
14-25 (2) give notice of the hearing to the person; and
14-26 (3) designate a hearings examiner to conduct the
14-27 hearing.
15-1 (b) The hearings examiner shall make findings of fact and
15-2 conclusions of law and promptly issue to the department a proposal
15-3 for a decision about the occurrence of the violation and the amount
15-4 of a proposed penalty.
15-5 (c) Based on the findings of fact, conclusions of law, and
15-6 proposal for a decision, the department by order may find that a
15-7 violation has occurred and impose a penalty or may find that no
15-8 violation occurred.
15-9 (d) The notice of the order given to the person under
15-10 Chapter 2001, Government Code, must include a statement of the
15-11 right of the person to judicial review of the order.
15-12 Sec. 485.055. COMPLIANCE WITH ORDER; RIGHT TO JUDICIAL
15-13 REVIEW. (a) Not later than the 30th day after the date the order
15-14 is final as provided by Section 2001.144, Government Code, the
15-15 person shall:
15-16 (1) pay the amount of the penalty;
15-17 (2) pay the amount of the penalty and file a petition
15-18 for judicial review contesting the occurrence of the violation, the
15-19 amount of the penalty, or both the occurrence of the violation and
15-20 the amount of the penalty; or
15-21 (3) without paying the amount of the penalty, file a
15-22 petition for judicial review contesting the occurrence of the
15-23 violation, the amount of the penalty, or both the occurrence of the
15-24 violation and the amount of the penalty.
15-25 (b) Within the 30-day period, a person who acts under
15-26 Subsection (a)(3) may:
15-27 (1) stay enforcement of the penalty by:
16-1 (A) paying the amount of the penalty to the
16-2 court for placement in an escrow account; or
16-3 (B) giving to the court a supersedeas bond that
16-4 is approved by the court for the amount of the penalty and that is
16-5 effective until all judicial review of the order is final; or
16-6 (2) request the court to stay enforcement of the
16-7 penalty by:
16-8 (A) filing with the court an affidavit of the
16-9 person stating that the person is financially unable to pay the
16-10 amount of the penalty and is financially unable to give the
16-11 supersedeas bond; and
16-12 (B) sending a copy of the affidavit to the
16-13 department by certified mail.
16-14 (c) If the department receives a copy of an affidavit under
16-15 Subsection (b)(2), the department may file with the court, not
16-16 later than the fifth day after the date that the copy is received,
16-17 a contest to the affidavit. The court shall hold a hearing on the
16-18 facts alleged in the affidavit as soon as practicable and shall
16-19 stay the enforcement of the penalty on finding that the facts
16-20 alleged in the affidavit are true. The person who files an
16-21 affidavit has the burden of proving that the person is financially
16-22 unable to pay the amount of the penalty and to give a supersedeas
16-23 bond.
16-24 (d) If the person does not pay the amount of the penalty and
16-25 the enforcement of the penalty is not stayed, the department may
16-26 refer the matter to the attorney general for collection of the
16-27 amount of the penalty.
17-1 Sec. 485.056. JUDICIAL REVIEW; FINAL DISPOSITION. (a)
17-2 Judicial review of the order:
17-3 (1) is instituted by filing a petition as provided by
17-4 Subchapter G, Chapter 2001, Government Code; and
17-5 (2) is under the substantial evidence rule.
17-6 (b) If the court sustains the occurrence of the violation,
17-7 the court may uphold or reduce the amount of the penalty and order
17-8 the person to pay the full or reduced amount of the penalty. If
17-9 the court does not sustain the occurrence of the violation, the
17-10 court shall order that no penalty is owed.
17-11 (c) When the judgment of the court becomes final, the court
17-12 shall proceed under this subsection. If the person paid the amount
17-13 of the penalty and if that amount is reduced or is not upheld by
17-14 the court, the court shall order the department to remit the
17-15 appropriate amount plus accrued interest to the person. The rate
17-16 of the interest is the rate charged on loans to depository
17-17 institutions by the New York Federal Reserve Bank, and the interest
17-18 shall be paid for the period beginning on the date the penalty was
17-19 paid and ending on the date the penalty is remitted. If the person
17-20 gave a supersedeas bond and if the amount of the penalty is not
17-21 upheld by the court, the court shall order the release of the bond.
17-22 If the person gave a supersedeas bond and if the amount of the
17-23 penalty is reduced, the court shall order the release of the bond
17-24 after the person pays the amount.
17-25 (d) A penalty collected under this section shall be
17-26 deposited in the state treasury to the credit of the inhalant abuse
17-27 prevention account.
18-1 Sec. 485.057. RECOVERY OF COSTS. (a) The department may
18-2 order a person to make a payment to the department in an amount
18-3 necessary to recover reasonable costs and expenses incurred by the
18-4 department in investigating a matter or conducting a hearing
18-5 regarding the matter if as a result of the hearing an
18-6 administrative penalty is assessed against the person or the
18-7 person's permit is denied, suspended, or revoked. If a payment is
18-8 ordered under this subsection, the person shall make the payment
18-9 not later than the 30th day after the date of the order. The
18-10 department may refer the matter to the attorney general for
18-11 collection.
18-12 (b) If the attorney general brings an action against a
18-13 person to enforce an administrative penalty or collect a payment
18-14 ordered under this subchapter and the person is found liable for
18-15 the penalty or payment, the attorney general may recover from the
18-16 person an amount representing reasonable costs and expenses
18-17 incurred by the attorney general in an action brought under this
18-18 subsection.
18-19 SECTION 2. Chapter 484, Health and Safety Code, is repealed.
18-20 SECTION 3. (a) The changes in law made by this Act apply
18-21 only to an offense committed on or after the effective date of this
18-22 Act. An offense committed before the effective date of this Act is
18-23 covered by the law in effect when the offense was committed, and
18-24 the former law is continued in effect for that purpose. For
18-25 purposes of this subsection, an offense was committed before the
18-26 effective date of this Act if any element of the offense occurred
18-27 before that date.
19-1 (b) The changes in law made by this Act relating to a civil
19-2 or administrative penalty apply only to a violation of Chapter 485,
19-3 Health and Safety Code, as amended by this Act, or a rule of the
19-4 Texas Board of Health adopted under that chapter, as amended by
19-5 this Act, that occurs on or after the effective date of this Act.
19-6 A violation that occurred before the effective date of this Act is
19-7 covered by the law in effect when the violation occurred, and the
19-8 former law is continued in effect for that purpose. For purposes
19-9 of this subsection, a violation occurred before the effective date
19-10 of this Act if any element of the violation occurred before that
19-11 date.
19-12 (c) The change in law made by this Act relating to the
19-13 issuance of a permit applies only to a permit that is issued under
19-14 Chapter 485, Health and Safety Code, by the Texas Department of
19-15 Health on or after the effective date of this Act. A permit that
19-16 was issued by the Texas Department of Health before the effective
19-17 date of this Act remains in effect until the permit expires, is
19-18 surrendered by the holder, or is revoked or suspended by the
19-19 department.
19-20 SECTION 4. This Act takes effect September 1, 1997.
19-21 SECTION 5. The importance of this legislation and the
19-22 crowded condition of the calendars in both houses create an
19-23 emergency and an imperative public necessity that the
19-24 constitutional rule requiring bills to be read on three several
19-25 days in each house be suspended, and this rule is hereby suspended.