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.