1-1 By: Carona S.B. No. 1533
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 12, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; April 12, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend S.B. No. 1533, as introduced, as follows:
1-8 (1) On page 4, line 18, strike "(a)" of SECTION 9 of the bill.
1-9 (2) On page 4, strike the entirety of Subsection (b) of SECTION 9
1-10 of the bill.
1-11 (3) On page 8, strike Subsection (d) of SECTION 14 of the bill.
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to the hazardous substances law; providing penalties.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Section 501.001, Health and Safety Code, is
1-17 amended to read as follows:
1-18 Sec. 501.001. DEFINITIONS. In this chapter:
1-19 (1) "Board" means the Texas Board of Health.
1-20 (2) "Commerce" includes the operation of a business or
1-21 service establishment and other commerce in this state that is
1-22 subject to the jurisdiction of this state.
1-23 (3) "Commissioner" means the commissioner of public
1-24 health.
1-25 (4) "Department" means the Texas Department of Health.
1-26 (5) [(4)] "Label" means a display of written, printed,
1-27 or other graphic matter:
1-28 (A) on the immediate container, excluding the
1-29 package liner, of any substance; or
1-30 (B) directly on the article or on a tag or other
1-31 suitable material affixed to the article, if the article is
1-32 unpackaged or not packaged in an immediate container intended or
1-33 suitable for delivery to the ultimate consumer.
1-34 (6) [(5)] "Misbranded hazardous substance" means
1-35 either of the following that is not properly packaged or does not
1-36 bear a proper label required by this chapter:
1-37 (A) a hazardous substance; or
1-38 (B) a toy or other article intended for use by
1-39 children that bears or contains a hazardous substance in a manner
1-40 that is accessible by a child to whom the toy or other article is
1-41 entrusted, intended, or packaged in a form suitable for use in a
1-42 household or by children.
1-43 SECTION 2. Subsections (a) and (d), Section 501.002, Health
1-44 and Safety Code, are amended to read as follows:
1-45 (a) A hazardous substance is:
1-46 (1) a substance or mixture of substances that is
1-47 toxic, corrosive, extremely flammable, flammable, combustible, an
1-48 irritant, or a strong sensitizer, or that generates pressure
1-49 through decomposition, heat, or other means, if the substance or
1-50 mixture of substances may cause substantial personal injury or
1-51 substantial illness during or as a proximate result of any
1-52 customary or reasonably foreseeable handling or use, including
1-53 reasonably foreseeable ingestion by children;
1-54 (2) a toy or other article, other than clothing, that
1-55 is intended for use by a child and that presents an electrical,
1-56 mechanical, or thermal hazard; or
1-57 (3) a radioactive substance designated as a hazardous
1-58 substance under Section 501.003.
1-59 (d) A substance or article is extremely flammable,
1-60 flammable, or combustible if it is defined as extremely flammable,
1-61 flammable, or combustible by rule of the board. Unless the board
1-62 determines that the health, safety, and welfare of persons in this
1-63 state requires a different definition, the board shall define the
2-1 terms as they are defined by the Federal Hazardous Substances Act
2-2 (15 U.S.C. Section 1261 et seq.), as amended, and by federal
2-3 regulations adopted under that Act. Until the board adopts a
2-4 different definition, the terms each have the meaning assigned by
2-5 the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et
2-6 seq.) and by federal regulations adopted under that Act, as of
2-7 September 1, 1999 [is flammable if it has a flash point of 80
2-8 degrees Fahrenheit or less, as determined by the Tagliabue Open Cup
2-9 Tester or other method as provided by Section 501.021].
2-10 SECTION 3. Section 501.021, Health and Safety Code, is
2-11 amended to read as follows:
2-12 Sec. 501.021. FLAMMABILITY STANDARDS; DETERMINATION OF
2-13 FLAMMABILITY. (a) The board by rule shall establish the methods
2-14 for determining the flammability of solids, fabrics, children's
2-15 clothing, household furnishings, and the contents of
2-16 self-pressurized containers that the board finds are generally
2-17 applicable to those materials or containers.
2-18 (b) The board by rule shall establish flammability standards
2-19 for articles described by Subsection (a). Unless the board
2-20 determines that the health, safety, and welfare of persons in this
2-21 state requires a different standard, the standards must conform to
2-22 standards prescribed by federal regulations adopted under the
2-23 federal Flammable Fabrics Act (15 U.S.C. Section 1191 et seq.), as
2-24 amended, the Federal Hazardous Substances Act (15 U.S.C. Section
2-25 1261 et seq.), as amended, and the federal Consumer Product Safety
2-26 Act (15 U.S.C. Section 2051 et seq.), as amended. Until the board
2-27 adopts different standards, the flammability standards for articles
2-28 described by Subsection (a) are the standards prescribed by federal
2-29 regulations adopted under the federal Flammable Fabrics Act (15
2-30 U.S.C. Section 1191 et seq.), the Federal Hazardous Substances Act
2-31 (15 U.S.C. Section 1261 et seq.), and the federal Consumer Product
2-32 Safety Act (15 U.S.C. Section 2051 et seq.) as of September 1,
2-33 1999.
2-34 (c) The department may obtain samples of articles described
2-35 by Subsection (a) and [shall] determine the flammability of the
2-36 [those] articles for compliance with applicable standards
2-37 established under this section.
2-38 SECTION 4. Subsection (a), Section 501.022, Health and
2-39 Safety Code, is amended to read as follows:
2-40 (a) The board by rule shall designate as a banned hazardous
2-41 substance any article, including [of] clothing intended for the use
2-42 of children, that is not properly packaged or that does not comply
2-43 with applicable flammability standards established by the board.
2-44 The board's determination that articles of clothing of a specified
2-45 range of sizes are intended for the use of a child 14 years of age
2-46 or younger is conclusive.
2-47 SECTION 5. The heading for Section 501.023, Health and
2-48 Safety Code, is amended to read as follows:
2-49 Sec. 501.023. GENERAL LABELING AND PACKAGING REQUIREMENTS.
2-50 SECTION 6. Subchapter B, Chapter 501, Health and Safety
2-51 Code, is amended by adding Sections 501.0231, 501.0232, and
2-52 501.0233 to read as follows:
2-53 Sec. 501.0231. LABELING OF CERTAIN TOYS AND GAMES.
2-54 (a) Toys or games intended for use by children, including the
2-55 parts of those toys or games, shall be labeled in the manner
2-56 required by rule of the board. Unless the board determines that
2-57 the health, safety, and welfare of persons in this state requires a
2-58 deviation from federal standards, the board's rules under this
2-59 subsection shall be consistent with federal guidelines and
2-60 regulations adopted under the Federal Hazardous Substances Act (15
2-61 U.S.C. Section 1261 et seq.), as amended. Until the board adopts
2-62 rules under this subsection, the toys, games, and parts shall be
2-63 labeled in the manner required by federal guidelines and
2-64 regulations adopted under the Federal Hazardous Substances Act (15
2-65 U.S.C. Section 1261 et seq.) as of September 1, 1999.
2-66 (b) Latex balloons, small balls, marbles, and any toy or
2-67 game that contains such a balloon, ball, or marble shall be labeled
2-68 in the manner required by rule of the board. Unless the board
2-69 determines that the health, safety, and welfare of persons in this
3-1 state requires a deviation from federal standards, the board's
3-2 rules under this subsection shall be consistent with federal
3-3 guidelines and regulations adopted under the Federal Hazardous
3-4 Substances Act (15 U.S.C. Section 1261 et seq.), as amended. Until
3-5 the board adopts rules under this subsection, latex balloons, small
3-6 balls, marbles, and any toy or game that contains such a balloon,
3-7 ball, or marble shall be labeled in the manner required by federal
3-8 guidelines and regulations adopted under the Federal Hazardous
3-9 Substances Act (15 U.S.C. Section 1261 et seq.) as of September 1,
3-10 1999.
3-11 Sec. 501.0232. REVIEW AND LABELING OF HAZARDOUS ART
3-12 MATERIALS. (a) Art materials shall be reviewed by a toxicologist.
3-13 (b) Art materials shall be labeled in the manner required by
3-14 rule of the board. Unless the board determines that the health,
3-15 safety, and welfare of persons in this state requires a deviation
3-16 from federal standards, the board's rules under this subsection
3-17 shall be consistent with the Federal Hazardous Substances Act (15
3-18 U.S.C. Section 1261 et seq.), as amended, and federal regulations
3-19 adopted under that Act. Until the board adopts rules under this
3-20 subsection, art materials shall be labeled in the manner required
3-21 by the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et
3-22 seq.), and federal regulations adopted under that Act, as of
3-23 September 1, 1999.
3-24 Sec. 501.0233. PACKAGING OF HAZARDOUS SUBSTANCES. Hazardous
3-25 substances shall be packaged in the manner required by special
3-26 packaging rules adopted by the board. Unless the board determines
3-27 that the health, safety, and welfare of persons in this state
3-28 requires a deviation from federal standards, the board's rules
3-29 under this section shall be consistent with federal special
3-30 packaging regulations adopted under the federal Poison Prevention
3-31 Packaging Act of 1970 (15 U.S.C. Section 1471 et seq.), as amended.
3-32 Until the board adopts rules under this section, hazardous
3-33 substances shall be packaged in the manner required by federal
3-34 special packaging regulations adopted under the federal Poison
3-35 Prevention Packaging Act of 1970 (15 U.S.C. Section 1471 et seq.),
3-36 as of September 1, 1999.
3-37 SECTION 7. Section 501.024, Health and Safety Code, is
3-38 amended to read as follows:
3-39 Sec. 501.024. REGISTRATION. (a) A person who manufactures,
3-40 imports, or repacks a hazardous substance that is distributed in
3-41 this state or who distributes a hazardous substance in this state
3-42 under the person's private brand name shall have on file with the
3-43 department a registration statement as provided by this section.
3-44 (b) The board by rule shall detail the registration
3-45 requirements and prescribe the contents of the registration
3-46 statement.
3-47 (c) The person must file the registration statement with the
3-48 department [before]:
3-49 (1) before beginning business in this state as a
3-50 manufacturer, importer, repacker, or distributor of a hazardous
3-51 substance; and
3-52 (2) in each succeeding year that the person continues
3-53 the business in this state, not later than the anniversary of
3-54 [September 1 of each year after] the initial filing.
3-55 (d) The initial registration statement and each annual
3-56 registration statement must be accompanied by a fee prescribed by
3-57 the board [of $150].
3-58 (e) The department, after notice and hearing, may refuse to
3-59 register or may cancel, revoke, or suspend the registration of a
3-60 person who manufactures, imports, repacks, or distributes a
3-61 hazardous substance if the person fails to comply with the
3-62 requirements of this chapter [make timely payment of the fee].
3-63 (f) A hazardous substance is subject to seizure and
3-64 disposition under Section 501.033 if the person who manufactures,
3-65 imports, repacks, or distributes the hazardous substance does not,
3-66 after notice by the department, register with the department and
3-67 make timely payment of the fee under this section.
3-68 (g) This section does not apply to a retailer who
3-69 distributes a hazardous substance to the general public unless the
4-1 retailer distributes a hazardous substance made to its
4-2 specifications.
4-3 SECTION 8. Section 501.025, Health and Safety Code, is
4-4 amended to read as follows:
4-5 Sec. 501.025. RULES. The board may adopt reasonable rules
4-6 necessary for the efficient administration and enforcement of this
4-7 chapter. Unless the board determines that the health, safety, and
4-8 welfare of persons in this state requires a deviation from federal
4-9 regulations, the [The] rules must conform with regulations adopted
4-10 under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
4-11 et seq.), as amended, the federal Consumer Product Safety Act (15
4-12 U.S.C. Section 2051 et seq.), as amended, the federal Flammable
4-13 Fabrics Act (15 U.S.C. Section 1191 et seq.), as amended, and the
4-14 federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Section
4-15 1471 et seq.), as amended, as applicable.
4-16 SECTION 9. Subchapter B, Chapter 501, Health and Safety
4-17 Code, is amended by adding Section 501.026 to read as follows:
4-18 Sec. 501.026. FEES. (a) The board by rule shall set
4-19 reasonable registration fees in an amount designed to recover not
4-20 more than the costs to the department of administering, monitoring
4-21 compliance with, enforcing, and conducting tests under this
4-22 chapter.
4-23 (b) All registration fees received by the department under
4-24 this chapter shall be deposited to the credit of a dedicated
4-25 account in the general revenue fund. Money in the account may be
4-26 appropriated only to the department to implement this chapter.
4-27 SECTION 10. Subsection (b), Section 501.031, Health and
4-28 Safety Code, is amended to read as follows:
4-29 (b) The officer, employee, or agent of the department may
4-30 obtain samples of any materials, packaging, [or] labeling, or
4-31 finished product. [The officer, employee, or agent shall pay or
4-32 offer to pay the owner, operator, or agent in charge for a sample
4-33 and shall give a receipt describing a sample obtained.]
4-34 SECTION 11. Subsection (b), Section 501.033, Health and
4-35 Safety Code, is amended to read as follows:
4-36 (b) The department shall petition a [the] district court of
4-37 Travis County or of the county in which the article is located to
4-38 authorize the destruction of the article. If the court determines
4-39 that the article is a banned or misbranded hazardous substance, the
4-40 department shall destroy the article, and the court shall impose
4-41 all court costs and fees and storage and other proper expenses
4-42 against the claimant of the article. However, if the court finds
4-43 that misbranding occurred in good faith and can be corrected by
4-44 proper labeling, the court may direct that the article be delivered
4-45 to the claimant for proper labeling with the approval of the
4-46 department.
4-47 SECTION 12. Section 501.034, Health and Safety Code, is
4-48 amended by adding Subsections (g) and (h) to read as follows:
4-49 (g) A person may not manufacture, import, or repack a
4-50 hazardous substance that is to be distributed in this state or
4-51 otherwise distribute a hazardous substance in this state without
4-52 complying with Section 501.024.
4-53 (h) A person may not package a hazardous substance in a new
4-54 or reused food, drug, or cosmetic container that is identifiable as
4-55 a food, drug, or cosmetic container by its labeling or other
4-56 identification.
4-57 SECTION 13. Subsections (a) and (b), Section 501.035, Health
4-58 and Safety Code, are amended to read as follows:
4-59 (a) A person commits an offense if the person
4-60 [intentionally, knowingly, or recklessly] violates this chapter or
4-61 a rule adopted under this chapter.
4-62 (b) An offense under this section is a [Class B misdemeanor
4-63 unless it is shown on the trial of the offense that the person's
4-64 intent was to defraud another, in which event the offense is a]
4-65 Class A misdemeanor.
4-66 SECTION 14. Subchapter C, Chapter 501, Health and Safety
4-67 Code, is amended by adding Sections 501.036 through 501.042 to read
4-68 as follows:
4-69 Sec. 501.036. INJUNCTION. (a) If it appears that a person
5-1 has violated, is violating, or is threatening to violate this
5-2 chapter or a rule adopted or order issued under this chapter, the
5-3 commissioner may request the attorney general or a district,
5-4 county, or city attorney of the county or municipality in which the
5-5 violation has occurred, is occurring, or may occur to institute a
5-6 civil suit for:
5-7 (1) an order enjoining the violation or an order
5-8 directing compliance; or
5-9 (2) a permanent or temporary injunction, restraining
5-10 order, or other appropriate order if the department shows that the
5-11 person has engaged in, is engaging in, or is about to engage in a
5-12 violation of this chapter or a rule adopted or order issued under
5-13 this chapter.
5-14 (b) Venue for a suit brought under this section is in the
5-15 county or municipality in which the violation occurred or in Travis
5-16 County.
5-17 (c) The commissioner and either the attorney general or the
5-18 district, county, or city attorney, as appropriate, may each
5-19 recover from the violator reasonable expenses incurred in obtaining
5-20 injunctive relief under this section, including investigative
5-21 costs, court costs, reasonable attorney's fees, witness fees, and
5-22 deposition expenses. Expenses recovered by the commissioner may be
5-23 appropriated only to the department to administer and enforce this
5-24 chapter. Expenses recovered by the attorney general may be
5-25 appropriated only to the attorney general.
5-26 Sec. 501.037. RECALL ORDERS. (a) In conjunction with the
5-27 detention of an article under Section 501.033, the commissioner may
5-28 order that a hazardous substance be recalled from commerce.
5-29 (b) The commissioner's recall order may require the articles
5-30 to be removed to one or more secure areas approved by the
5-31 commissioner or an authorized agent of the commissioner.
5-32 (c) The recall order must be in writing and signed by the
5-33 commissioner.
5-34 (d) The recall order may be issued before or in conjunction
5-35 with the affixing of the tag or other appropriate marking as
5-36 provided by Section 501.033.
5-37 (e) The recall order is effective until the order:
5-38 (1) expires on its own terms;
5-39 (2) is withdrawn by the commissioner; or
5-40 (3) is reversed by a court in an order denying
5-41 destruction under Section 501.033.
5-42 (f) The claimant of the articles or the claimant's agent
5-43 shall pay the costs of the removal and storage of the articles
5-44 removed.
5-45 (g) If the claimant or the claimant's agent does not
5-46 implement the recall order in a timely manner, the commissioner may
5-47 provide for the recall of the articles. The costs of the recall
5-48 shall be assessed against the claimant of the articles or the
5-49 claimant's agent.
5-50 (h) The commissioner may request the attorney general to
5-51 bring an action in a district court of Travis County to recover
5-52 costs of the recall. In a judgment in favor of the state, the
5-53 court may award costs, attorney's fees, and court costs related to
5-54 the recall together with interest on those costs from the time an
5-55 expense was incurred through the date the department is reimbursed.
5-56 Sec. 501.038. ADMINISTRATIVE PENALTY. (a) The department
5-57 may assess an administrative penalty against a person who violates
5-58 this chapter or a rule adopted or order issued under this chapter.
5-59 (b) In determining the amount of the penalty, the department
5-60 shall consider:
5-61 (1) the person's history of previous violations;
5-62 (2) the seriousness of the violations;
5-63 (3) the hazard to the health and safety of the public;
5-64 (4) the person's demonstrated good faith; and
5-65 (5) other matters as justice may require.
5-66 (c) The penalty may not exceed $25,000 a day for each
5-67 violation.
5-68 (d) Each day of a continuing violation constitutes a
5-69 separate violation.
6-1 (e) A proceeding for the assessment of an administrative
6-2 penalty under this chapter is a contested case under Chapter 2001,
6-3 Government Code.
6-4 Sec. 501.039. ADMINISTRATIVE PENALTY: NOTICE; REQUEST FOR
6-5 HEARING. (a) If, after investigation of a possible violation of
6-6 this chapter or a rule adopted or order issued under this chapter
6-7 and the facts surrounding that possible violation, the department
6-8 determines that a violation has occurred, the department shall give
6-9 written notice of the violation to the person alleged to have
6-10 committed the violation. The notice shall include:
6-11 (1) a brief summary of the alleged violation;
6-12 (2) a statement of the amount of the proposed penalty
6-13 based on the factors listed in Section 501.038; and
6-14 (3) a statement of the person's right to a hearing on
6-15 the occurrence of the violation, the amount of the penalty, or both
6-16 the occurrence of the violation and the amount of the penalty.
6-17 (b) Not later than the 20th day after the date the notice is
6-18 received, the person notified may accept the determination of the
6-19 department made under this section, including the amount of the
6-20 proposed penalty, or make a written request for a hearing on that
6-21 determination.
6-22 (c) If the person accepts the determination of the
6-23 department, the commissioner or the commissioner's designee shall
6-24 issue an order approving the determination and ordering that the
6-25 person pay the proposed penalty.
6-26 Sec. 501.040. ADMINISTRATIVE PENALTY: HEARING; ORDER.
6-27 (a) If the person notified under Section 501.039 requests a
6-28 hearing, the department shall:
6-29 (1) set the matter for a hearing;
6-30 (2) give written notice of the time and place of the
6-31 hearing to the person; and
6-32 (3) designate a hearings examiner to conduct the
6-33 hearing.
6-34 (b) The hearings examiner shall make findings of fact and
6-35 conclusions of law and shall promptly issue to the commissioner or
6-36 the commissioner's designee a proposal for decision as to the
6-37 occurrence of the violation and a recommendation as to the amount
6-38 of the proposed penalty, if a penalty is determined to be
6-39 warranted.
6-40 (c) Based on the findings of fact and conclusions of law and
6-41 the recommendations of the hearings examiner, the commissioner or
6-42 the commissioner's designee by order may find that a violation has
6-43 occurred and may assess a penalty or may find that no violation has
6-44 occurred.
6-45 Sec. 501.041. NOTICE AND PAYMENT OF ADMINISTRATIVE PENALTY;
6-46 JUDICIAL REVIEW; REFUND. (a) The department shall give notice of
6-47 the order under Section 501.040 to the person affected by the
6-48 order. The notice must include:
6-49 (1) separate statements of the findings of fact and
6-50 conclusions of law;
6-51 (2) the amount of any penalty assessed; and
6-52 (3) a statement of the right of the person to judicial
6-53 review of the order.
6-54 (b) Not later than the 30th day after the date the decision
6-55 is final as provided by Chapter 2001, Government Code, the person
6-56 shall:
6-57 (1) pay the penalty;
6-58 (2) pay the penalty and file a petition for judicial
6-59 review contesting the occurrence of the violation, the amount of
6-60 the penalty, or both the occurrence of the violation and the amount
6-61 of the penalty; or
6-62 (3) without paying the penalty, file a petition for
6-63 judicial review contesting the occurrence of the violation, the
6-64 amount of the penalty, or both the occurrence of the violation and
6-65 the amount of the penalty.
6-66 (c) Within the 30-day period, a person who acts under
6-67 Subsection (b)(3) may:
6-68 (1) stay enforcement of the penalty by:
6-69 (A) paying the penalty to the court for
7-1 placement in an escrow account; or
7-2 (B) giving to the court a supersedeas bond that
7-3 is approved by the court for the amount of the penalty and that is
7-4 effective until all judicial review of the order is final; or
7-5 (2) request the court to stay enforcement of the
7-6 penalty by:
7-7 (A) filing with the court the person's sworn
7-8 affidavit stating that the person is financially unable to pay the
7-9 amount of the penalty and is financially unable to give the
7-10 supersedeas bond; and
7-11 (B) sending a copy of the affidavit to the
7-12 department by certified mail.
7-13 (d) If the department receives a copy of an affidavit under
7-14 Subsection (c)(2), the department may file with the court, within
7-15 five business days after the date the copy is received, a contest
7-16 to the affidavit. The court shall hold a hearing on the facts
7-17 alleged in the affidavit as soon as practicable and shall stay the
7-18 enforcement of the penalty on finding that the alleged facts are
7-19 true. The person who files an affidavit has the burden of proving
7-20 that the person is financially unable to pay the penalty or give a
7-21 supersedeas bond.
7-22 (e) If the person does not pay the penalty and the
7-23 enforcement of the penalty is not stayed, the department may refer
7-24 the matter to the attorney general for collection of the penalty.
7-25 (f) Judicial review of an order issued under Section
7-26 501.040:
7-27 (1) is instituted by filing a petition as provided by
7-28 Subchapter G, Chapter 2001, Government Code; and
7-29 (2) is under the substantial evidence rule.
7-30 (g) If the court sustains the occurrence of the violation,
7-31 the court may uphold or reduce the amount of the penalty and order
7-32 the person to pay the full or reduced amount of the penalty. If
7-33 the court does not sustain the occurrence of the violation, the
7-34 court shall order that no penalty is owed.
7-35 (h) When the judgment of the court becomes final, the court
7-36 shall proceed under this subsection. If the person paid the amount
7-37 of the penalty under Subsection (b)(2) and if that amount is
7-38 reduced or is not upheld by the court, the court shall order that
7-39 the department pay the appropriate amount plus accrued interest to
7-40 the person. The rate of the interest is the rate charged on loans
7-41 to depository institutions by the New York Federal Reserve Bank,
7-42 and the interest shall be paid for the period beginning on the date
7-43 the penalty was paid and ending on the date the penalty is
7-44 remitted. If the person paid the penalty under Subsection
7-45 (c)(1)(A) or gave a supersedeas bond and if the amount of the
7-46 penalty is not upheld by the court, the court shall order the
7-47 release of the escrow account or bond. If the person paid the
7-48 penalty under Subsection (c)(1)(A) and the amount of the penalty is
7-49 reduced, the court shall order that the amount of the penalty be
7-50 paid to the department from the escrow account and that the
7-51 remainder of the account be released. If the person gave a
7-52 supersedeas bond and if the amount of the penalty is reduced, the
7-53 court shall order the release of the bond after the person pays the
7-54 amount.
7-55 Sec. 501.042. RECOVERY OF COSTS. (a) The department may
7-56 assess reasonable expenses and costs against a person in an
7-57 administrative hearing if, as a result of the hearing, the person's
7-58 registration is denied, suspended, or revoked or if administrative
7-59 penalties are assessed against the person. The person shall pay
7-60 expenses and costs assessed under this subsection not later than
7-61 the 30th day after the date the order of the commissioner or the
7-62 commissioner's designee requiring the payment of expenses and costs
7-63 is final. The department may refer the matter to the attorney
7-64 general for collection of the expenses and costs.
7-65 (b) If the attorney general brings an action against a
7-66 person to enforce an administrative penalty assessed under this
7-67 chapter and the person is found liable for the administrative
7-68 penalty, the attorney general may recover, on behalf of the
7-69 attorney general and the department, reasonable expenses and costs.
8-1 (c) For purposes of this section, "reasonable expenses and
8-2 costs" include expenses incurred by the department and the attorney
8-3 general in the investigation, initiation, or prosecution of an
8-4 action, including reasonable investigative costs, court costs,
8-5 attorney's fees, witness fees, and deposition expenses.
8-6 (d) Expenses recovered by the department under this section
8-7 may be appropriated only to the department to administer and
8-8 enforce this chapter. Expenses recovered by the attorney general
8-9 under this section may be appropriated only to the attorney
8-10 general.
8-11 SECTION 15. This Act takes effect September 1, 1999.
8-12 SECTION 16. (a) A change in law made by this Act relating
8-13 to the criminal, civil, or administrative enforcement of Chapter
8-14 501, Health and Safety Code, applies only to an offense under or
8-15 other violation of Chapter 501, Health and Safety Code, that occurs
8-16 on or after the effective date of this Act, including a continuing
8-17 offense or continuing violation to the extent that it continues on
8-18 or after the effective date of this Act.
8-19 (b) An offense under or other violation of Chapter 501,
8-20 Health and Safety Code, that occurs before the effective date of
8-21 this Act is covered by the law relating to the criminal, civil, and
8-22 administrative enforcement of Chapter 501, Health and Safety Code,
8-23 in effect when the violation occurred, and the former law is
8-24 continued in effect for that purpose.
8-25 (c) For purposes of this section, a criminal offense is
8-26 committed before the effective date of this Act if any element of
8-27 the offense occurs before that date.
8-28 SECTION 17. The importance of this legislation and the
8-29 crowded condition of the calendars in both houses create an
8-30 emergency and an imperative public necessity that the
8-31 constitutional rule requiring bills to be read on three several
8-32 days in each house be suspended, and this rule is hereby suspended.
8-33 * * * * *