SRC-MWN H.B. 2950 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2950
By: Chavez (Nelson)
Business & Commerce
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Current law prohibits the sale of abusable glues and aerosol paints and
other abusable products that contain specific percentages of volatile
chemicals such as tolune, xylene, methyl alcohol, and benzene that are
found in gasoline fuel additives, carburetor and fuel injector cleaners,
aerosol solvents, thinners, dyes, and acids. Although current law
authorizes the Texas Department of Health (TDH) to provide permits to
retailers that sell abusable glues and aerosol paints and to inspect those
retailers for compliance with relevant law, TDH is not provided the same
powers related to retailers that sell other abusable chemicals. The
separate standards can create complications for retailers and regulators
alike. H.B. 2950 repeals existing law pertaining to volatile chemicals and
expands current law related to abusable glues and aerosol paints to include
abusable volatile chemicals. 


RULEMAKING AUTHORITY

Rulemaking authority is expressly delegated to the Texas Board of Health in
SECTION 2 (Sections 485.002, 485.012, and 485.013, Health and Safety Code)
of this bill.  

SECTION BY SECTION ANALYSIS

Amends the Health and Safety Code to repeal current law related to volatile
chemicals and to expand law pertaining to abusable glues and paints to
include abusable volatile chemicals. The bill requires the Texas Board of
Health (board) to adopt rules to administer the provisions of the bill,
including the issuance and renewal of a permit to sell abusable volatile
chemicals (Sec. 485.012). The bill authorizes the board to adopt rules
necessary to comply with any requirements or regulations concerning
precautions against inhalation of an abusable volatile chemical established
under the Federal Hazardous Substances Act (Sec. 485.002). The bill
authorizes the board to establish by rule fees in amounts not to exceed $25
for the issuance of a permit (Sec. 485.013). The bill requires the
comptroller to deposit the amounts received from the permit fees in the
state treasury to the credit of the general revenue fund. The money in the
account may only be used by the Texas Department of Health (TDH) for
purposes related to abusable volatile chemicals as specified in the bill.
The bill deletes the requirement that TDH enter into a memorandum of
understanding with the Texas Commission on Alcohol and Drug Abuse to
implement education and prevention programs (Sec. 485.016). The bill
deletes the requirement that the commissioner of health by rule approve and
designate and prescribe the proportions of additive materials to be
included in abusable glue or aerosol paint (Sec. 485.011). The bill deletes
the provision that it is a Class A misdemeanor if a person intentionally
manufactures, delivers, or possesses with the intent to manufacture or
deliver abusable glue or aerosol paint that does not contain the required
additive material. The bill provides that a person commits an offense if
the person knowingly, rather than intentionally, knowingly, or recklessly,
delivers an abusable volatile chemical to a person younger than 18 years of
age and that it is a defense to prosecution if the person making the
delivery is not the manufacturer of the chemical and the manufacturer
failed to label the chemical as required by law (Sec. 485.032). The bill
provides that selling or delivering an abusable volatile chemical is a
state jail felony, rather than a third degree felony (Sec. 485.017).  

Effective date: September 1, 2001.