By Gray H.B. No. 2638
76R3428 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the hazardous substances law; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 501.001, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 501.001. DEFINITIONS. In this chapter:
1-7 (1) "Board" means the Texas Board of Health.
1-8 (2) "Commerce" includes the operation of a business or
1-9 service establishment and other commerce in this state that is
1-10 subject to the jurisdiction of this state.
1-11 (3) "Commissioner" means the commissioner of public
1-12 health.
1-13 (4) "Department" means the Texas Department of Health.
1-14 (5) [(4)] "Label" means a display of written, printed,
1-15 or other graphic matter:
1-16 (A) on the immediate container, excluding the
1-17 package liner, of any substance; or
1-18 (B) directly on the article or on a tag or other
1-19 suitable material affixed to the article, if the article is
1-20 unpackaged or not packaged in an immediate container intended or
1-21 suitable for delivery to the ultimate consumer.
1-22 (6) [(5)] "Misbranded hazardous substance" means
1-23 either of the following that is not properly packaged or does not
1-24 bear a proper label required by this chapter:
2-1 (A) a hazardous substance; or
2-2 (B) a toy or other article intended for use by
2-3 children that bears or contains a hazardous substance in a manner
2-4 that is accessible by a child to whom the toy or other article is
2-5 entrusted, intended, or packaged in a form suitable for use in a
2-6 household or by children.
2-7 SECTION 2. Sections 501.002(a) and (d), Health and Safety
2-8 Code, are amended to read as follows:
2-9 (a) A hazardous substance is:
2-10 (1) a substance or mixture of substances that is
2-11 toxic, corrosive, extremely flammable, flammable, combustible, an
2-12 irritant, or a strong sensitizer, or that generates pressure
2-13 through decomposition, heat, or other means, if the substance or
2-14 mixture of substances may cause substantial personal injury or
2-15 substantial illness during or as a proximate result of any
2-16 customary or reasonably foreseeable handling or use, including
2-17 reasonably foreseeable ingestion by children;
2-18 (2) a toy or other article, other than clothing, that
2-19 is intended for use by a child and that presents an electrical,
2-20 mechanical, or thermal hazard; or
2-21 (3) a radioactive substance designated as a hazardous
2-22 substance under Section 501.003.
2-23 (d) A substance or article is extremely flammable,
2-24 flammable, or combustible if it is defined as extremely flammable,
2-25 flammable, or combustible by rule of the board. Unless the board
2-26 determines that the health, safety, and welfare of persons in this
2-27 state requires a different definition, the board shall define the
3-1 terms as they are defined by the Federal Hazardous Substances Act
3-2 (15 U.S.C. Section 1261 et seq.), as amended, and by federal
3-3 regulations adopted under that Act. Until the board adopts a
3-4 different definition, the terms each have the meaning assigned by
3-5 the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et
3-6 seq.), and by federal regulations adopted under that Act, as of
3-7 September 1, 1999 [is flammable if it has a flash point of 80
3-8 degrees Fahrenheit or less, as determined by the Tagliabue Open Cup
3-9 Tester or other method as provided by Section 501.021].
3-10 SECTION 3. Section 501.021, Health and Safety Code, is
3-11 amended to read as follows:
3-12 Sec. 501.021. FLAMMABILITY STANDARDS; DETERMINATION OF
3-13 FLAMMABILITY. (a) The board by rule shall establish the methods
3-14 for determining the flammability of solids, fabrics, children's
3-15 clothing, household furnishings, and the contents of
3-16 self-pressurized containers that the board finds are generally
3-17 applicable to those materials or containers.
3-18 (b) The board by rule shall establish flammability standards
3-19 for articles described by Subsection (a). Unless the board
3-20 determines that the health, safety, and welfare of persons in this
3-21 state requires a different standard, the standards must conform to
3-22 standards prescribed by federal regulations adopted under the
3-23 federal Flammable Fabrics Act (15 U.S.C. Section 1191 et seq.), as
3-24 amended, the Federal Hazardous Substances Act (15 U.S.C. Section
3-25 1261 et seq.), as amended, and the federal Consumer Product Safety
3-26 Act (15 U.S.C. Section 2051 et seq.), as amended. Until the board
3-27 adopts different standards, the flammability standards for articles
4-1 described by Subsection (a) are the standards prescribed by federal
4-2 regulations adopted under the federal Flammable Fabrics Act (15
4-3 U.S.C. Section 1191 et seq.), the Federal Hazardous Substances Act
4-4 (15 U.S.C. Section 1261 et seq.), and the federal Consumer Product
4-5 Safety Act (15 U.S.C. Section 2051 et seq.) as of September 1,
4-6 1999.
4-7 (c) The department may obtain samples of articles described
4-8 by Subsection (a) and determine the flammability of the articles
4-9 for compliance with applicable standards established under this
4-10 section [shall determine the flammability of those articles].
4-11 SECTION 4. Section 501.022(a), Health and Safety Code, is
4-12 amended to read as follows:
4-13 (a) The board by rule shall designate as a banned hazardous
4-14 substance any article, including [of] clothing intended for the use
4-15 of children, that is not properly packaged or that does not comply
4-16 with applicable flammability standards established by the board.
4-17 The board's determination that articles of clothing of a specified
4-18 range of sizes are intended for the use of a child 14 years of age
4-19 or younger is conclusive.
4-20 SECTION 5. The heading for Section 501.023, Health and
4-21 Safety Code, is amended to read as follows:
4-22 Sec. 501.023. GENERAL LABELING AND PACKAGING REQUIREMENTS.
4-23 SECTION 6. Subchapter B, Chapter 501, Health and Safety
4-24 Code, is amended by adding Sections 501.0231-501.0233 to read as
4-25 follows:
4-26 Sec. 501.0231. LABELING OF CERTAIN TOYS AND GAMES. (a)
4-27 Toys or games intended for use by children, including the parts of
5-1 those toys or games, shall be labeled in the manner required by
5-2 rule of the board. Unless the board determines that the health,
5-3 safety, and welfare of persons in this state requires a deviation
5-4 from federal standards, the board's rules under this subsection
5-5 shall be consistent with federal guidelines and regulations adopted
5-6 under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
5-7 et seq.), as amended. Until the board adopts rules under this
5-8 subsection, the toys, games, and parts shall be labeled in the
5-9 manner required by federal guidelines and regulations adopted under
5-10 the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et
5-11 seq.) as of September 1, 1999.
5-12 (b) Latex balloons, small balls, marbles, and any toy or
5-13 game that contains such a balloon, ball, or marble shall be labeled
5-14 in the manner required by rule of the board. Unless the board
5-15 determines that the health, safety, and welfare of persons in this
5-16 state requires a deviation from federal standards, the board's
5-17 rules under this subsection shall be consistent with federal
5-18 guidelines and regulations adopted under the Federal Hazardous
5-19 Substances Act (15 U.S.C. Section 1261 et seq.), as amended. Until
5-20 the board adopts rules under this subsection, latex balloons, small
5-21 balls, marbles, and any toy or game that contains such a balloon,
5-22 ball, or marble shall be labeled in the manner required by federal
5-23 guidelines and regulations adopted under the Federal Hazardous
5-24 Substances Act (15 U.S.C. Section 1261 et seq.) as of September 1,
5-25 1999.
5-26 Sec. 501.0232. REVIEW AND LABELING OF HAZARDOUS ART
5-27 MATERIALS. (a) Art materials shall be reviewed by a toxicologist.
6-1 (b) Art materials shall be labeled in the manner required by
6-2 rule of the board. Unless the board determines that the health,
6-3 safety, and welfare of persons in this state requires a deviation
6-4 from federal standards, the board's rules under this subsection
6-5 shall be consistent with the Federal Hazardous Substances Act (15
6-6 U.S.C. Section 1261 et seq.), as amended, and federal regulations
6-7 adopted under that Act. Until the board adopts rules under this
6-8 subsection, art materials shall be labeled in the manner required
6-9 by the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et
6-10 seq.), and federal regulations adopted under that Act, as of
6-11 September 1, 1999.
6-12 Sec. 501.0233. PACKAGING OF HAZARDOUS SUBSTANCES. Hazardous
6-13 substances shall be packaged in the manner required by special
6-14 packaging rules adopted by the board. Unless the board determines
6-15 that the health, safety, and welfare of persons in this state
6-16 requires a deviation from federal standards, the board's rules
6-17 under this section shall be consistent with federal special
6-18 packaging regulations adopted under the federal Poison Prevention
6-19 Packaging Act of 1970 (15 U.S.C. Section 1471 et seq.), as
6-20 amended. Until the board adopts rules under this section,
6-21 hazardous substances shall be packaged in the manner required by
6-22 federal special packaging regulations adopted under the federal
6-23 Poison Prevention Packaging Act of 1970 (15 U.S.C. Section 1471 et
6-24 seq.), as of September 1, 1999.
6-25 SECTION 7. Section 501.024, Health and Safety Code, is
6-26 amended to read as follows:
6-27 Sec. 501.024. REGISTRATION. (a) A person who manufactures,
7-1 imports, or repacks a hazardous substance that is distributed in
7-2 this state or who distributes a hazardous substance in this state
7-3 under the person's private brand name shall have on file with the
7-4 department a registration statement as provided by this section.
7-5 (b) The board by rule shall detail the registration
7-6 requirements and prescribe the contents of the registration
7-7 statement.
7-8 (c) The person must file the registration statement with the
7-9 department [before]:
7-10 (1) before beginning business in this state as a
7-11 manufacturer, importer, repacker, or distributor of a hazardous
7-12 substance; and
7-13 (2) in each succeeding year that the person continues
7-14 the business in this state, not later than the anniversary of
7-15 [September 1 of each year after] the initial filing.
7-16 (d) The initial registration statement and each annual
7-17 registration statement must be accompanied by a fee prescribed by
7-18 the board [of $150].
7-19 (e) The department, after notice and hearing, may refuse to
7-20 register or may cancel, revoke, or suspend the registration of a
7-21 person who manufactures, imports, repacks, or distributes a
7-22 hazardous substance if the person fails to comply with the
7-23 requirements of this chapter [make timely payment of the fee].
7-24 (f) A hazardous substance is subject to seizure and
7-25 disposition under Section 501.033 if the person who manufactures,
7-26 imports, repacks, or distributes the hazardous substance does not,
7-27 after notice by the department, register with the department and
8-1 make timely payment of the fee under this section.
8-2 (g) This section does not apply to a retailer who
8-3 distributes a hazardous substance to the general public unless the
8-4 retailer distributes a hazardous substance made to its
8-5 specifications.
8-6 SECTION 8. Section 501.025, Health and Safety Code, is
8-7 amended to read as follows:
8-8 Sec. 501.025. RULES. The board may adopt reasonable rules
8-9 necessary for the efficient administration and enforcement of this
8-10 chapter. Unless the board determines that the health, safety, and
8-11 welfare of persons in this state requires a deviation from federal
8-12 regulations, the [The] rules must conform with regulations adopted
8-13 under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
8-14 et seq.), as amended, the federal Consumer Product Safety Act (15
8-15 U.S.C. Section 2051 et seq.), as amended, the federal Flammable
8-16 Fabrics Act (15 U.S.C. Section 1191 et seq.), as amended, and the
8-17 federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Section
8-18 1471 et seq.), as amended, as applicable.
8-19 SECTION 9. Subchapter B, Chapter 501, Health and Safety
8-20 Code, is amended by adding Section 501.026 to read as follows:
8-21 Sec. 501.026. FEES. (a) The board by rule shall set
8-22 reasonable registration fees in an amount designed to recover not
8-23 more than the costs to the department of administering, monitoring
8-24 compliance with, enforcing, and conducting tests under this
8-25 chapter.
8-26 (b) All registration fees received by the department under
8-27 this chapter shall be deposited to the credit of a dedicated
9-1 account in the general revenue fund. Money in the account may be
9-2 appropriated only to the department to implement this chapter.
9-3 SECTION 10. Section 501.031(b), Health and Safety Code, is
9-4 amended to read as follows:
9-5 (b) The officer, employee, or agent of the department may
9-6 obtain samples of any materials, packaging, [or] labeling, or
9-7 finished product. [The officer, employee, or agent shall pay or
9-8 offer to pay the owner, operator, or agent in charge for a sample
9-9 and shall give a receipt describing a sample obtained.]
9-10 SECTION 11. Section 501.033(b), Health and Safety Code, is
9-11 amended to read as follows:
9-12 (b) The department shall petition a [the] district court of
9-13 Travis County or of the county in which the article is located to
9-14 authorize the destruction of the article. If the court determines
9-15 that the article is a banned or misbranded hazardous substance, the
9-16 department shall destroy the article, and the court shall impose
9-17 all court costs and fees and storage and other proper expenses
9-18 against the claimant of the article. However, if the court finds
9-19 that misbranding occurred in good faith and can be corrected by
9-20 proper labeling, the court may direct that the article be delivered
9-21 to the claimant for proper labeling with the approval of the
9-22 department.
9-23 SECTION 12. Section 501.034, Health and Safety Code, is
9-24 amended by adding Subsections (g) and (h) to read as follows:
9-25 (g) A person may not manufacture, import, or repack a
9-26 hazardous substance that is to be distributed in this state or
9-27 otherwise distribute a hazardous substance in this state without
10-1 complying with Section 501.024.
10-2 (h) A person may not package a hazardous substance in a new
10-3 or reused food, drug, or cosmetic container that is identifiable as
10-4 a food, drug, or cosmetic container by its labeling or other
10-5 identification.
10-6 SECTION 13. Sections 501.035(a) and (b), Health and Safety
10-7 Code, are amended to read as follows:
10-8 (a) A person commits an offense if the person
10-9 [intentionally, knowingly, or recklessly] violates this chapter or
10-10 a rule adopted under this chapter.
10-11 (b) An offense under this section is a [Class B misdemeanor
10-12 unless it is shown on the trial of the offense that the person's
10-13 intent was to defraud another, in which event the offense is a]
10-14 Class A misdemeanor.
10-15 SECTION 14. Subchapter C, Chapter 501, Health and Safety
10-16 Code, is amended by adding Sections 501.036-501.042 to read as
10-17 follows:
10-18 Sec. 501.036. INJUNCTION. (a) If it appears that a person
10-19 has violated, is violating, or is threatening to violate this
10-20 chapter or a rule adopted or order issued under this chapter, the
10-21 commissioner may request the attorney general or a district,
10-22 county, or city attorney of the county or municipality in which the
10-23 violation has occurred, is occurring, or may occur to institute a
10-24 civil suit for:
10-25 (1) an order enjoining the violation or an order
10-26 directing compliance; or
10-27 (2) a permanent or temporary injunction, restraining
11-1 order, or other appropriate order if the department shows that the
11-2 person has engaged in, is engaging in, or is about to engage in a
11-3 violation of this chapter or a rule adopted or order issued under
11-4 this chapter.
11-5 (b) Venue for a suit brought under this section is in the
11-6 county or municipality in which the violation occurred or in Travis
11-7 County.
11-8 (c) The commissioner and either the attorney general or the
11-9 district, county, or city attorney, as appropriate, may each
11-10 recover from the violator reasonable expenses incurred in obtaining
11-11 injunctive relief under this section, including investigative
11-12 costs, court costs, reasonable attorney's fees, witness fees, and
11-13 deposition expenses. Expenses recovered by the commissioner may be
11-14 appropriated only to the department to administer and enforce this
11-15 chapter. Expenses recovered by the attorney general may be
11-16 appropriated only to the attorney general.
11-17 Sec. 501.037. RECALL ORDERS. (a) In conjunction with the
11-18 detention of an article under Section 501.033, the commissioner may
11-19 order that a hazardous substance be recalled from commerce.
11-20 (b) The commissioner's recall order may require the articles
11-21 to be removed to one or more secure areas approved by the
11-22 commissioner or an authorized agent of the commissioner.
11-23 (c) The recall order must be in writing and signed by the
11-24 commissioner.
11-25 (d) The recall order may be issued before or in conjunction
11-26 with the affixing of the tag or other appropriate marking as
11-27 provided by Section 501.033.
12-1 (e) The recall order is effective until the order:
12-2 (1) expires on its own terms;
12-3 (2) is withdrawn by the commissioner; or
12-4 (3) is reversed by a court in an order denying
12-5 destruction under Section 501.033.
12-6 (f) The claimant of the articles or the claimant's agent
12-7 shall pay the costs of the removal and storage of the articles
12-8 removed.
12-9 (g) If the claimant or the claimant's agent does not
12-10 implement the recall order in a timely manner, the commissioner may
12-11 provide for the recall of the articles. The costs of the recall
12-12 shall be assessed against the claimant of the articles or the
12-13 claimant's agent.
12-14 (h) The commissioner may request the attorney general to
12-15 bring an action in a district court of Travis County to recover
12-16 costs of the recall. In a judgment in favor of the state, the
12-17 court may award costs, attorney's fees, and court costs related to
12-18 the recall together with interest on those costs from the time an
12-19 expense was incurred through the date the department is reimbursed.
12-20 Sec. 501.038. ADMINISTRATIVE PENALTY. (a) The department
12-21 may assess an administrative penalty against a person who violates
12-22 this chapter or a rule adopted or order issued under this chapter.
12-23 (b) In determining the amount of the penalty, the department
12-24 shall consider:
12-25 (1) the person's history of previous violations;
12-26 (2) the seriousness of the violations;
12-27 (3) the hazard to the health and safety of the public;
13-1 (4) the person's demonstrated good faith; and
13-2 (5) other matters as justice may require.
13-3 (c) The penalty may not exceed $25,000 a day for each
13-4 violation.
13-5 (d) Each day of a continuing violation constitutes a
13-6 separate violation.
13-7 (e) A proceeding for the assessment of an administrative
13-8 penalty under this chapter is a contested case under Chapter 2001,
13-9 Government Code.
13-10 Sec. 501.039. ADMINISTRATIVE PENALTY: NOTICE; REQUEST FOR
13-11 HEARING. (a) If, after investigation of a possible violation of
13-12 this chapter or a rule adopted or order issued under this chapter
13-13 and the facts surrounding that possible violation, the department
13-14 determines that a violation has occurred, the department shall give
13-15 written notice of the violation to the person alleged to have
13-16 committed the violation. The notice shall include:
13-17 (1) a brief summary of the alleged violation;
13-18 (2) a statement of the amount of the proposed penalty
13-19 based on the factors listed in Section 501.038; and
13-20 (3) a statement of the person's right to a hearing on
13-21 the occurrence of the violation, the amount of the penalty, or both
13-22 the occurrence of the violation and the amount of the penalty.
13-23 (b) Not later than the 20th day after the date the notice is
13-24 received, the person notified may accept the determination of the
13-25 department made under this section, including the amount of the
13-26 proposed penalty, or make a written request for a hearing on that
13-27 determination.
14-1 (c) If the person accepts the determination of the
14-2 department, the commissioner or the commissioner's designee shall
14-3 issue an order approving the determination and ordering that the
14-4 person pay the proposed penalty.
14-5 Sec. 501.040. ADMINISTRATIVE PENALTY: HEARING; ORDER. (a)
14-6 If the person notified under Section 501.039 requests a hearing,
14-7 the department shall:
14-8 (1) set the matter for a hearing;
14-9 (2) give written notice of the time and place of the
14-10 hearing to the person; and
14-11 (3) designate a hearings examiner to conduct the
14-12 hearing.
14-13 (b) The hearings examiner shall make findings of fact and
14-14 conclusions of law and shall promptly issue to the commissioner or
14-15 the commissioner's designee a proposal for decision as to the
14-16 occurrence of the violation and a recommendation as to the amount
14-17 of the proposed penalty, if a penalty is determined to be
14-18 warranted.
14-19 (c) Based on the findings of fact and conclusions of law and
14-20 the recommendations of the hearings examiner, the commissioner or
14-21 the commissioner's designee by order may find that a violation has
14-22 occurred and may assess a penalty, or may find that no violation
14-23 has occurred.
14-24 Sec. 501.041. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;
14-25 JUDICIAL REVIEW; REFUND. (a) The department shall give notice of
14-26 the order under Section 501.040 to the person affected by the
14-27 order. The notice must include:
15-1 (1) separate statements of the findings of fact and
15-2 conclusions of law;
15-3 (2) the amount of any penalty assessed; and
15-4 (3) a statement of the right of the person to judicial
15-5 review of the order.
15-6 (b) Not later than the 30th day after the date the decision
15-7 is final as provided by Chapter 2001, Government Code, the person
15-8 shall:
15-9 (1) pay the penalty;
15-10 (2) pay the penalty and file a petition for judicial
15-11 review contesting the occurrence of the violation, the amount of
15-12 the penalty, or both the occurrence of the violation and the amount
15-13 of the penalty; or
15-14 (3) without paying the penalty, file a petition for
15-15 judicial review contesting the occurrence of the violation, the
15-16 amount of the penalty, or both the occurrence of the violation and
15-17 the amount of the penalty.
15-18 (c) Within the 30-day period, a person who acts under
15-19 Subsection (b)(3) may:
15-20 (1) stay enforcement of the penalty by:
15-21 (A) paying the penalty to the court for
15-22 placement in an escrow account; or
15-23 (B) giving to the court a supersedeas bond that
15-24 is approved by the court for the amount of the penalty and that is
15-25 effective until all judicial review of the order is final; or
15-26 (2) request the court to stay enforcement of the
15-27 penalty by:
16-1 (A) filing with the court the person's sworn
16-2 affidavit stating that the person is financially unable to pay the
16-3 amount of the penalty and is financially unable to give the
16-4 supersedeas bond; and
16-5 (B) sending a copy of the affidavit to the
16-6 department by certified mail.
16-7 (d) If the department receives a copy of an affidavit under
16-8 Subsection (c)(2), the department may file with the court, within
16-9 five business days after the date the copy is received, a contest
16-10 to the affidavit. The court shall hold a hearing on the facts
16-11 alleged in the affidavit as soon as practicable and shall stay the
16-12 enforcement of the penalty on finding that the alleged facts are
16-13 true. The person who files an affidavit has the burden of proving
16-14 that the person is financially unable to pay the penalty or give a
16-15 supersedeas bond.
16-16 (e) If the person does not pay the penalty and the
16-17 enforcement of the penalty is not stayed, the department may refer
16-18 the matter to the attorney general for collection of the penalty.
16-19 (f) Judicial review of an order issued under Section
16-20 501.040:
16-21 (1) is instituted by filing a petition as provided by
16-22 Subchapter G, Chapter 2001, Government Code; and
16-23 (2) is under the substantial evidence rule.
16-24 (g) If the court sustains the occurrence of the violation,
16-25 the court may uphold or reduce the amount of the penalty and order
16-26 the person to pay the full or reduced amount of the penalty. If
16-27 the court does not sustain the occurrence of the violation, the
17-1 court shall order that no penalty is owed.
17-2 (h) When the judgment of the court becomes final, the court
17-3 shall proceed under this subsection. If the person paid the amount
17-4 of the penalty under Subsection (b)(2) and if that amount is
17-5 reduced or is not upheld by the court, the court shall order that
17-6 the department pay the appropriate amount plus accrued interest to
17-7 the person. The rate of the interest is the rate charged on loans
17-8 to depository institutions by the New York Federal Reserve Bank,
17-9 and the interest shall be paid for the period beginning on the date
17-10 the penalty was paid and ending on the date the penalty is
17-11 remitted. If the person paid the penalty under Subsection
17-12 (c)(1)(A) or gave a supersedeas bond and if the amount of the
17-13 penalty is not upheld by the court, the court shall order the
17-14 release of the escrow account or bond. If the person paid the
17-15 penalty under Subsection (c)(1)(A) and the amount of the penalty is
17-16 reduced, the court shall order that the amount of the penalty be
17-17 paid to the department from the escrow account and that the
17-18 remainder of the account be released. If the person gave a
17-19 supersedeas bond and if the amount of the penalty is reduced, the
17-20 court shall order the release of the bond after the person pays the
17-21 amount.
17-22 Sec. 501.042. RECOVERY OF COSTS. (a) The department may
17-23 assess reasonable expenses and costs against a person in an
17-24 administrative hearing if, as a result of the hearing, the person's
17-25 registration is denied, suspended, or revoked or if administrative
17-26 penalties are assessed against the person. The person shall pay
17-27 expenses and costs assessed under this subsection not later than
18-1 the 30th day after the date the order of the commissioner or the
18-2 commissioner's designee requiring the payment of expenses and costs
18-3 is final. The department may refer the matter to the attorney
18-4 general for collection of the expenses and costs.
18-5 (b) If the attorney general brings an action against a
18-6 person to enforce an administrative penalty assessed under this
18-7 chapter and the person is found liable for the administrative
18-8 penalty, the attorney general may recover, on behalf of the
18-9 attorney general and the department, reasonable expenses and costs.
18-10 (c) For purposes of this section, "reasonable expenses and
18-11 costs" include expenses incurred by the department and the attorney
18-12 general in the investigation, initiation, or prosecution of an
18-13 action, including reasonable investigative costs, court costs,
18-14 attorney's fees, witness fees, and deposition expenses.
18-15 (d) Expenses recovered by the department under this section
18-16 may be appropriated only to the department to administer and
18-17 enforce this chapter. Expenses recovered by the attorney general
18-18 under this section may be appropriated only to the attorney
18-19 general.
18-20 SECTION 15. This Act takes effect September 1, 1999.
18-21 SECTION 16. (a) A change in law made by this Act relating
18-22 to the criminal, civil, or administrative enforcement of Chapter
18-23 501, Health and Safety Code, applies only to an offense under or
18-24 other violation of Chapter 501, Health and Safety Code, that occurs
18-25 on or after the effective date of this Act, including a continuing
18-26 offense or continuing violation to the extent that it continues on
18-27 or after the effective date of this Act.
19-1 (b) An offense under or other violation of Chapter 501,
19-2 Health and Safety Code, that occurs before the effective date of
19-3 this Act is covered by the law relating to the criminal, civil, and
19-4 administrative enforcement of Chapter 501, Health and Safety Code,
19-5 in effect when the violation occurred, and the former law is
19-6 continued in effect for that purpose.
19-7 (c) For purposes of this section, a criminal offense is
19-8 committed before the effective date of this Act if any element of
19-9 the offense occurs before that date.
19-10 SECTION 17. The importance of this legislation and the
19-11 crowded condition of the calendars in both houses create an
19-12 emergency and an imperative public necessity that the
19-13 constitutional rule requiring bills to be read on three several
19-14 days in each house be suspended, and this rule is hereby suspended.