By Coleman                                      H.B. No. 1786

      75R3088 PEP-D                           

                                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 [glue or aerosol paint] that [is]:

1-13                       (A)  is packaged in a container [holding a pint

1-14     or less by volume or less than two pounds by weight; and]

1-15                       [(B)]  labeled in accordance with the labeling

1-16     requirements concerning precautions against inhalation established

1-17     under the Federal Hazardous Substances Act (15 U.S.C.  Section 1261

1-18     et seq.), and [under] regulations adopted under that Act;

1-19                       (B)  when inhaled, ingested, or otherwise

1-20     introduced into a person's body, may:

1-21                             (i)  affect the person's central nervous

1-22     system;

1-23                             (ii)  create or induce in the person a

1-24     condition of intoxication, hallucination, or elation; or

 2-1                             (iii)  change, distort, or disturb the

 2-2     person's eyesight, thinking process, balance, or coordination; and

 2-3                       (C)  is not:

 2-4                             (i)  a pesticide subject to Chapter 76,

 2-5     Agriculture Code, or to the Federal Environmental Control Act of

 2-6     1972 (7 U.S.C. Section 136 et seq.);

 2-7                             (ii)  a food, drug, or cosmetic subject to

 2-8     Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21

 2-9     U.S.C. Section 301 et seq.); or

2-10                             (iii)  a beverage subject to the Federal

2-11     Alcohol Administration Act (27 U.S.C. Section 201 et seq.).

2-12                 (2)  "Board" means the Texas Board of Health.

2-13     ["Aerosol paint" means an aerosolized paint product, including a

2-14     clear or pigmented lacquer or finish.]

2-15                 (3)  "Commissioner" means the commissioner of health.

2-16                 (4)  "Deliver" means to make the actual or constructive

2-17     transfer from one person to another of an abusable volatile

2-18     chemical [glue or aerosol paint], regardless of whether there is an

2-19     agency  relationship.  The term includes an offer [offering] to

2-20     sell an abusable volatile chemical [glue or aerosol paint].

2-21                 (5)  "Delivery" means the act of delivering.

2-22                 (6)  "Department" means the Texas Department of Health.

2-23                 (7)  ["Glue" means an adhesive substance intended to be

2-24     used to join two surfaces.]

2-25                 [(8)]  "Inhalant paraphernalia" means equipment,

2-26     products, or materials of any kind that are used or intended for

2-27     use in inhaling, ingesting, or otherwise introducing into the human

 3-1     body an abusable volatile chemical [glue or aerosol paint in

 3-2     violation of Section 485.031].  The term includes:

 3-3                       (A)  a can, tube, or other container used as the

 3-4     original receptacle for an abusable volatile chemical [glue or

 3-5     aerosol paint]; or

 3-6                       (B)  a can, tube, balloon, bag, fabric, bottle,

 3-7     or other container used to contain, concentrate, or hold in

 3-8     suspension an abusable volatile chemical [glue or aerosol paint],

 3-9     or vapors of the chemical [glue or paint].

3-10                 (8)  "Person" means an individual, corporation, or

3-11     association.

3-12                 (9)  "Sell" means to offer for sale, convey, exchange,

3-13     barter, or trade.

3-14             SUBCHAPTER B.  ADDITIVES, SALES PERMITS, AND SIGNS

3-15           Sec. 485.011.  ADDITIVES.  (a)  The board [commissioner] by

3-16     rule shall:

3-17                 (1)  approve and designate additive materials to be

3-18     included in abusable volatile chemicals [glue or aerosol paint];

3-19     and

3-20                 (2)  prescribe the proportions of additive materials to

3-21     be placed in abusable volatile chemicals [glue or aerosol paint].

3-22           (b)  The rules must be designed to safely and effectively

3-23     discourage intentional abuse by inhalation of abusable volatile

3-24     chemicals [glue or aerosol paint] at the lowest practicable cost to

3-25     the  manufacturers and distributors of the chemicals [glue or

3-26     paint].

3-27           Sec. 485.012.  PERMIT REQUIRED.  A person may not sell an

 4-1     abusable volatile chemical [glue or aerosol paint] at retail unless

 4-2     the person or the person's employer holds [has], at the time of the

 4-3     sale, a volatile chemical [glue and paint] sales permit for the

 4-4     location of the sale.

 4-5           Sec. 485.013.  ISSUANCE AND RENEWAL OF PERMIT.  (a)  To be

 4-6     eligible for the issuance or renewal of a volatile chemical [glue

 4-7     and paint] sales permit, a person must:

 4-8                 (1)  hold [have] a sales tax permit that has been

 4-9     issued to the person;

4-10                 (2)  complete and return to the department an

4-11     application as required by the department; and

4-12                 (3)  pay to the department the [a $25] application fee

4-13     established under Section 485.0135 for each location at which an

4-14     abusable volatile chemical [glue and aerosol paint] may be sold by

4-15     the person holding [on obtaining] a volatile chemical [glue and

4-16     paint] sales permit.

4-17           (b)  The board [department] shall adopt rules as necessary to

4-18     administer this chapter, including application procedures and

4-19     procedures by which the department shall give each permit holder

4-20     [permittee] reasonable notice of permit expiration and renewal

4-21     requirements.

4-22           (c)  The department shall issue or deny a permit and notify

4-23     the applicant of the department's action not later than the 60th

4-24     day after the date on which the department receives the application

4-25     and appropriate fee.  If the department denies an application, the

4-26     department shall include in the notice the reasons for the denial.

4-27           (d)  A permit issued or renewed under this chapter is valid

 5-1     for one year from the date of issuance or renewal.

 5-2           (e)  A permit is not valid if the permit holder has been

 5-3     convicted more than once in the preceding year of an offense [that

 5-4     is] committed:

 5-5                 (1)  at a [the] location for which the permit is

 5-6     issued; and

 5-7                 (2)  under Section [484.005(a),] 485.031, 485.032,

 5-8     485.033, or 485.034.

 5-9           (f)  A permit issued by the department is the property of the

5-10     department and must be surrendered on demand by the department.

5-11           (g)  The department shall prepare an annual roster of permit

5-12     holders.

5-13           (h)  The department shall monitor and enforce compliance with

5-14     this chapter.

5-15           Sec. 485.0135.  FEES.  The board by rule may establish fees

5-16     as necessary to recover the costs associated with administering

5-17     this chapter, including fees for the processing of an application

5-18     for and the issuance or renewal of a permit under this chapter.

5-19           Sec. 485.014.  PERMIT AVAILABLE FOR INSPECTION.  A permit

5-20     holder must have the volatile chemical [glue and paint] sales

5-21     permit or a copy of the permit available for inspection by the

5-22     public at each location [the place] where the permit holder sells

5-23     an abusable volatile chemical [glue and aerosol paint].

5-24           Sec. 485.015.  REFUSAL TO ISSUE OR RENEW PERMIT.  A

5-25     proceeding for the failure to issue or renew a volatile chemical

5-26     [glue and paint] sales permit under Section 485.013 or for an

5-27     appeal from that proceeding is governed by the contested case

 6-1     provisions of Chapter 2001, Government Code.

 6-2           Sec. 485.016.  DISPOSITION OF FUNDS; EDUCATION AND PREVENTION

 6-3     PROGRAMS.  (a)  The department shall [receive and] account for all

 6-4     amounts [funds] received under Section 485.0135 [485.013] and send

 6-5     those amounts [the funds as they are received] to the comptroller.

 6-6           (b)  The comptroller shall deposit the amounts received under

 6-7     Subsection (a) in the state treasury [those funds] to the credit of

 6-8     a separate account in the general revenue fund to be known as the

 6-9     inhalant abuse prevention account.  Money in the account may  [to]

6-10     be used only to:

6-11                 (1)  administer, monitor, and enforce this chapter; and

6-12                 (2)  finance education projects concerning the hazards

6-13     of abusable volatile chemicals [glue or aerosol paint] and the

6-14     prevention of inhalant abuse.

6-15           (c)  The department shall enter into a memorandum of

6-16     understanding with the Texas Commission on Alcohol and Drug Abuse

6-17     to implement the education and prevention programs.

6-18           Sec. 485.017.  SIGNS.  A business establishment that sells an

6-19     abusable volatile chemical [glue or aerosol paint] at retail shall

6-20     display a conspicuous sign, in English and Spanish, that states the

6-21     following:

6-22     It is unlawful for a person to sell or deliver an abusable volatile

6-23     chemical [glue or aerosol paint] to a person under 18 years of age.

6-24     Except in limited situations, such an offense is a state jail [3rd

6-25     degree] felony.

6-26     It is also unlawful for a person to abuse a volatile chemical [glue

6-27     or aerosol paint] by inhaling, ingesting, applying, using, or

 7-1     possessing with intent to inhale, ingest, apply, or use a volatile

 7-2     chemical [glue or aerosol paint] in a manner designed to affect the

 7-3     central nervous system.  Such an offense is a Class B misdemeanor.

 7-4           Sec. 485.018.  PROHIBITED ORDINANCE AND RULE.  (a)  A

 7-5     political subdivision or an agency of the state may not enact an

 7-6     ordinance or rule that requires a business establishment to display

 7-7     an abusable volatile chemical [glue or aerosol paint] in a manner

 7-8     that makes the chemical [glue or paint] accessible to patrons of

 7-9     the business only with the assistance of personnel of the business.

7-10           (b)  This section does not apply to an ordinance or rule that

7-11     was enacted before September 1, 1989.

7-12                      SUBCHAPTER C.  CRIMINAL PENALTIES

7-13           Sec. 485.031.  POSSESSION AND USE.  (a)  A person commits an

7-14     offense if the person inhales, ingests, applies, uses, or possesses

7-15     an abusable volatile chemical [glue or aerosol paint] with intent

7-16     to inhale, ingest, apply, or use the chemical [abusable glue or

7-17     aerosol paint] in a manner:

7-18                 (1)  contrary to directions for use, cautions, or

7-19     warnings appearing on a label of a container of the chemical [glue

7-20     or paint]; and

7-21                 (2)  designed to:

7-22                       (A)  affect the person's central nervous system;

7-23                       (B)  create or induce a condition of

7-24     intoxication, hallucination, or elation; or

7-25                       (C)  change, distort, or disturb the person's

7-26     eyesight, thinking process, balance, or coordination.

7-27           (b)  An offense under this section is a Class B misdemeanor.

 8-1           Sec. 485.032.  MANUFACTURE AND DELIVERY.  (a)  A person

 8-2     commits an offense if the person intentionally manufactures,

 8-3     delivers, or possesses with intent to manufacture or deliver an

 8-4     abusable volatile chemical [glue or aerosol paint] that does not

 8-5     contain additive material in accordance with rules adopted by the

 8-6     board [commissioner].

 8-7           (b)  It is an affirmative defense to prosecution under this

 8-8     section that the abusable volatile chemical [glue or aerosol paint]

 8-9     is packaged in bulk quantity containers, each of which holds at

8-10     least two gallons, and is intended for ultimate use only by

8-11     industrial or commercial enterprises.

8-12           (c)  An offense under this section is a Class A misdemeanor.

8-13           Sec. 485.033.  DELIVERY TO A MINOR.  (a)  A person commits an

8-14     offense if the person [intentionally, knowingly, or] recklessly

8-15     delivers an abusable volatile chemical [glue or aerosol paint] to a

8-16     person who is younger than 18 years of age.

8-17           (b)  It is a defense to prosecution under this section that

8-18     the abusable volatile chemical [glue or aerosol paint] that was

8-19     delivered contains additive material that effectively discourages

8-20     intentional abuse by inhalation and [or] is in compliance with

8-21     rules adopted by the board [commissioner] under Section 485.011.

8-22           (c)  It is an affirmative defense to prosecution under this

8-23     section that:

8-24                 (1)  the person making the delivery is an adult having

8-25     supervisory responsibility over the person younger than 18 years of

8-26     age and:

8-27                       (A)  the adult permits the use of the abusable

 9-1     volatile chemical [glue or aerosol paint] only under the adult's

 9-2     direct supervision and in the adult's presence and only for its

 9-3     intended purpose; and

 9-4                       (B)  the adult removes the chemical [substance]

 9-5     from the person younger than 18 years of age on completion of that

 9-6     use; or

 9-7                 (2)  the person to whom the abusable volatile chemical

 9-8     [glue or aerosol paint] was delivered presented to the defendant an

 9-9     apparently valid Texas driver's license or an identification

9-10     certificate [card], issued by the Department of Public Safety of

9-11     the State of Texas and containing a physical description consistent

9-12     with the person's appearance, that purported to establish that the

9-13     person was 18 years of age or older.

9-14           (d)  Except as provided by Subsections (e) and (f), an

9-15     offense under this section is a state jail felony.

9-16           (e)  An offense under this section is a Class B misdemeanor

9-17     if it is shown on the trial of the defendant that at the time of

9-18     the delivery the defendant or the defendant's employer held [had] a

9-19     volatile chemical [glue and paint] sales permit for the location of

9-20     the sale.

9-21           (f)  An offense under this section is a Class A misdemeanor

9-22     if it is shown on the trial of the defendant that at the time of

9-23     the delivery the defendant or the defendant's employer:

9-24                 (1)  did not hold [have] a volatile chemical [glue and

9-25     paint] sales permit but did hold [have] a sales tax permit for the

9-26     location of the sale; and

9-27                 (2)  had not been convicted previously under this

 10-1    section for an offense committed after January 1, 1988.

 10-2          Sec. 485.034.  INHALANT PARAPHERNALIA.  (a)  A person commits

 10-3    an offense if the person [intentionally or] knowingly uses or

 10-4    possesses with intent to use inhalant paraphernalia to inhale,

 10-5    ingest, or otherwise introduce into the human body an abusable

 10-6    volatile chemical [glue or aerosol paint] in violation of Section

 10-7    485.031.

 10-8          (b)  A person commits an offense if the person:

 10-9                (1)  knowingly [or intentionally]:

10-10                      (A)  delivers or sells inhalant paraphernalia;

10-11                      (B)  possesses, with intent to deliver or sell,

10-12    inhalant paraphernalia; or

10-13                      (C)  manufactures, with intent to deliver or

10-14    sell, inhalant paraphernalia; and

10-15                (2)  at the time of the act described by Subdivision

10-16    (1), knows that the person who receives or is intended to receive

10-17    the paraphernalia intends that it be used to inhale, ingest, apply,

10-18    use, or otherwise introduce into the human body a [substance

10-19    containing a] volatile chemical in violation of Section 485.031.

10-20          (c)  An offense under Subsection (a) is a Class B

10-21    misdemeanor, and an offense under Subsection (b) is a Class A

10-22    misdemeanor.

10-23          Sec. 485.035.  FAILURE TO POST SIGN.  (a)  A person commits

10-24    an offense if the person sells an abusable volatile chemical [glue

10-25    or aerosol paint] in a business establishment and the person does

10-26    not display  the [a] sign [as] required by Section 485.017.

10-27          (b)  An offense under this section is a Class C misdemeanor.

 11-1          Sec. 485.036.  SALE WITHOUT PERMIT.  (a)  A person commits an

 11-2    offense if the person sells an abusable volatile chemical [glue or

 11-3    aerosol paint] in violation of Section 485.012 and the purchaser is

 11-4    18 years of age or older.

 11-5          (b)  An offense under this section is a Class B misdemeanor.

 11-6          Sec. 485.037.  PROOF OF OFFER TO SELL.  Proof of an offer to

 11-7    sell an abusable volatile chemical [glue or aerosol paint] must be

 11-8    corroborated by a person other than the offeree or by evidence

 11-9    other than a statement of the offeree.

11-10          Sec. 485.038.  SUMMARY FORFEITURE.  An abusable volatile

11-11    chemical [glue, aerosol paint,] or inhalant paraphernalia seized as

11-12    a result of an offense under this chapter is subject to summary

11-13    forfeiture and to destruction or disposition in the same manner as

11-14    controlled substance property under Subchapter E, Chapter 481.

11-15          Sec. 485.039.  PREPARATORY OFFENSES.  Title 4, Penal Code,

11-16    applies to an offense under this subchapter.

11-17             SUBCHAPTER D.  CIVIL AND ADMINISTRATIVE PENALTIES

11-18          Sec. 485.051.  CIVIL PENALTY; INJUNCTION.  (a)  If it appears

11-19    that a person has violated, is violating, or is threatening to

11-20    violate this chapter or a rule adopted under this chapter, the

11-21    commissioner may request the attorney general, a district or county

11-22    attorney for the county, or the city attorney of the municipality

11-23    in the county in which the violation has occurred, is occurring, or

11-24    may occur to institute a civil suit for:

11-25                (1)  a permanent or temporary injunction, restraining

11-26    order, other order enjoining the violation or directing compliance,

11-27    or other appropriate order if the department shows that the person

 12-1    is engaged in or is about to engage in a violation;

 12-2                (2)  the assessment and recovery of a civil penalty; or

 12-3                (3)  both the injunctive relief and civil penalty.

 12-4          (b)  The penalty may be in an amount not to exceed $25,000

 12-5    for each violation.  Each day a violation continues is a separate

 12-6    violation.

 12-7          (c)  In determining the amount of the penalty, the court

 12-8    shall consider:

 12-9                (1)  the person's history of previous violations;

12-10                (2)  the seriousness of the violation;

12-11                (3)  any hazard to the health and safety of the public;

12-12                (4)  the demonstrated good faith of the person charged;

12-13    and

12-14                (5)  any other matter that justice may require.

12-15          (d)  Venue for a suit brought under this section is in the

12-16    municipality or county in which the violation has occurred, is

12-17    occurring, or is threatened to occur, or in Travis County.

12-18          (e)  A civil penalty recovered in a suit brought by a county

12-19    or municipality under this chapter shall be paid to the county or

12-20    municipality.  A civil penalty recovered by the attorney general or

12-21    a district attorney shall be deposited in the state treasury to the

12-22    credit of the inhalant abuse prevention account.

12-23          (f)  The commissioner, the attorney general, a county, or a

12-24    municipality may recover reasonable expenses incurred in obtaining

12-25    injunctive relief, civil penalties, or both under this section,

12-26    including investigative costs, court costs, reasonable attorney

12-27    fees, witness fees, and deposition expenses.

 13-1          Sec. 485.052.  ADMINISTRATIVE PENALTY.  (a)  The department

 13-2    may impose an administrative penalty against a person who holds a

 13-3    permit under this chapter and who violates this chapter or a rule

 13-4    adopted or order issued under this chapter.

 13-5          (b)  The penalty may be in an amount not to exceed $25,000

 13-6    for each violation. Each day a violation continues is a separate

 13-7    violation.

 13-8          (c)  In determining the amount of the penalty, the department

 13-9    shall consider:

13-10                (1)  the person's history of previous violations;

13-11                (2)  the seriousness of the violation;

13-12                (3)  any hazard to the health and safety of the public;

13-13                (4)  the demonstrated good faith of the person charged;

13-14    and

13-15                (5)  any other matter justice may require.

13-16          Sec. 485.053.  NOTICE OF ADMINISTRATIVE PENALTY; ACCEPTANCE

13-17    OR REQUEST FOR A HEARING.  (a)  If the department determines that a

13-18    violation has occurred, the department shall give written notice of

13-19    that determination to the person.  The notice must include:

13-20                (1)  a brief summary of the alleged violation;

13-21                (2)  a statement of the amount of the proposed penalty

13-22    based on the factors listed in Section 485.052; and

13-23                (3)  a statement of the person's right to a hearing on

13-24    the occurrence of the violation, the amount of the penalty, or both

13-25    the occurrence of the violation and the amount of the penalty.

13-26          (b)  Not later than the 20th day after the date the person

13-27    receives the notice, the person in writing may accept the

 14-1    determination of the department under this section, including the

 14-2    amount of the proposed penalty, or may make a written request for a

 14-3    hearing on that determination.

 14-4          (c)  If the person accepts the determination and proposed

 14-5    penalty, the department shall issue an order affirming the

 14-6    determination and imposing the penalty.

 14-7          Sec. 485.054.  HEARING; ORDER.  (a)  If the person requests a

 14-8    hearing or fails to respond timely to the notice, the department

 14-9    shall:

14-10                (1)  set a hearing;

14-11                (2)  give notice of the hearing to the person; and

14-12                (3)  designate a hearings examiner to conduct the

14-13    hearing.

14-14          (b)  The hearings examiner shall make findings of fact and

14-15    conclusions of law and promptly issue to the department a proposal

14-16    for a decision about the occurrence of the violation and the amount

14-17    of a proposed penalty.

14-18          (c)  Based on the findings of fact, conclusions of law, and

14-19    proposal for a decision, the department by order may find that a

14-20    violation has occurred and impose a penalty or may find that no

14-21    violation occurred.

14-22          (d)  The notice of the order given to the person under

14-23    Chapter 2001, Government Code, must include a statement of the

14-24    right of the person to judicial review of the order.

14-25          Sec. 485.055.  COMPLIANCE WITH ORDER; RIGHT TO JUDICIAL

14-26    REVIEW.  (a)  Not later than the 30th day after the date the order

14-27    becomes final as provided by Section 2001.144, Government Code, the

 15-1    person shall:

 15-2                (1)  pay the amount of the penalty;

 15-3                (2)  pay the amount of the penalty and file a petition

 15-4    for judicial review contesting the occurrence of the violation, the

 15-5    amount of the penalty, or both the occurrence of the violation and

 15-6    the amount of the penalty; or

 15-7                (3)  without paying the amount of the penalty, file a

 15-8    petition for judicial review contesting the occurrence of the

 15-9    violation, the amount of the penalty, or both the occurrence of the

15-10    violation and the amount of the penalty.

15-11          (b)  Within the 30-day period, a person who acts under

15-12    Subsection (a)(3) may:

15-13                (1)  stay enforcement of the penalty by:

15-14                      (A)  paying the amount of the penalty to the

15-15    court for placement in an escrow account; or

15-16                      (B)  giving to the court a supersedeas bond that

15-17    is approved by the court for the amount of the penalty and that is

15-18    effective until all judicial review of the order is final; or

15-19                (2)  request the court to stay enforcement of the

15-20    penalty by:

15-21                      (A)  filing with the court an affidavit of the

15-22    person stating that the person is financially unable to pay the

15-23    amount of the penalty and is financially unable to give the

15-24    supersedeas bond; and

15-25                      (B)  sending a copy of the affidavit to the

15-26    department by certified mail.

15-27          (c)  If the department receives a copy of an affidavit under

 16-1    Subsection (b)(2), the department may file with the court, not

 16-2    later than the fifth day after the date that the copy is received,

 16-3    a contest to the affidavit.  The court shall hold a hearing on the

 16-4    facts alleged in the affidavit as soon as practicable and shall

 16-5    stay the enforcement of the penalty on finding that the facts

 16-6    alleged in the affidavit are true.  The person who files an

 16-7    affidavit has the burden of proving that the person is financially

 16-8    unable to pay the amount of the penalty and to give a supersedeas

 16-9    bond.

16-10          (d)  If the person does not pay the amount of the penalty and

16-11    the enforcement of the penalty is not stayed, the department may

16-12    refer the matter to the attorney general for collection of the

16-13    amount of the penalty.

16-14          Sec. 485.056.  JUDICIAL REVIEW; FINAL DISPOSITION.  (a)

16-15    Judicial review of the order:

16-16                (1)  is instituted by filing a petition as provided by

16-17    Subchapter G, Chapter 2001, Government Code; and

16-18                (2)  is under the substantial evidence rule.

16-19          (b)  If the court sustains the occurrence of the violation,

16-20    the court may uphold or reduce the amount of the penalty and order

16-21    the person to pay the full or reduced amount of the penalty.  If

16-22    the court does not sustain the occurrence of the violation, the

16-23    court shall order that no penalty is owed.

16-24          (c)  When the judgment of the court becomes final, the court

16-25    shall proceed under this subsection.  If the person paid the amount

16-26    of the penalty and if that amount is reduced or is not upheld by

16-27    the court, the court shall order the department to remit the

 17-1    appropriate amount plus accrued interest to the person.  The rate

 17-2    of the interest is the rate charged on loans to depository

 17-3    institutions by the New York Federal Reserve Bank, and the interest

 17-4    shall be paid for the period beginning on the date the penalty was

 17-5    paid and ending on the date the penalty is remitted. If the person

 17-6    gave a supersedeas bond and if the amount of the penalty is not

 17-7    upheld by the court, the court shall order the release of the bond.

 17-8    If the person gave a supersedeas bond and if the amount of the

 17-9    penalty is reduced, the court shall order the release of the bond

17-10    after the person pays the amount.

17-11          (d)  A penalty collected under this section shall be

17-12    deposited in the state treasury to the credit of the inhalant abuse

17-13    prevention account.

17-14          Sec. 485.057.  RECOVERY OF COSTS.  (a)  The department may

17-15    order a person to make a payment to the department in an amount

17-16    necessary to recover reasonable costs and expenses incurred by the

17-17    department in investigating a matter or conducting a hearing

17-18    regarding the matter if as a result of the hearing, an

17-19    administrative penalty is assessed against the person or the

17-20    person's permit is denied, suspended, or revoked.  If a payment is

17-21    ordered under this subsection, the person shall make the payment

17-22    not later than the 30th day after the date of the order.  The

17-23    department may refer the matter to the attorney general for

17-24    collection.

17-25          (b)  If the attorney general brings an action against a

17-26    person to enforce an administrative penalty or collect a payment

17-27    ordered under this subchapter and the person is found liable for

 18-1    the penalty or payment, the attorney general may recover from the

 18-2    person an amount representing reasonable costs and expenses

 18-3    incurred by the attorney general in an action brought under this

 18-4    subsection.

 18-5          SECTION 2.  Chapter 484, Health and Safety Code, is repealed.

 18-6          SECTION 3.  (a)  The changes in law made by this Act apply

 18-7    only to an offense committed on or after the effective date of this

 18-8    Act.  An offense committed before the effective date of this Act is

 18-9    covered by the law in effect when the offense was committed, and

18-10    the former law is continued in effect for that purpose.  For

18-11    purposes of this subsection, an offense was committed before the

18-12    effective date of this Act if any element of the offense occurred

18-13    before that date.

18-14          (b)  The changes in law made by this Act relating to a civil

18-15    or administrative penalty apply only to a violation of Chapter 485,

18-16    Health and Safety Code, as amended by this Act, or a rule of the

18-17    Texas Board of Health adopted under that chapter, as amended by

18-18    this Act, that occurs on or after the effective date of this Act.

18-19    A violation that occurred before the effective date of this Act is

18-20    covered by the law in effect when the violation occurred, and the

18-21    former law is continued in effect for that purpose.  For purposes

18-22    of this subsection, a violation occurred before the effective date

18-23    of this Act if any element of the violation occurred before that

18-24    date.

18-25          (c)  The change in law made by this Act relating to the

18-26    issuance of a permit applies only to a permit that is issued under

18-27    Chapter 485, Health and Safety Code, by the Texas Department of

 19-1    Health on or after the effective date of this Act.  A permit that

 19-2    was issued by the Texas Department of Health before the effective

 19-3    date of this Act remains in effect until the permit expires, is

 19-4    surrendered by the holder, or is revoked or suspended by the

 19-5    department.

 19-6          SECTION 4.  This Act takes effect September 1, 1997.

 19-7          SECTION 5.  The importance of this legislation and the

 19-8    crowded condition of the calendars in both houses create an

 19-9    emergency and an imperative public necessity that the

19-10    constitutional rule requiring bills to be read on three several

19-11    days in each house be suspended, and this rule is hereby suspended.