By Williams                                           H.B. No. 1458
         77R5064 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the possession, use, and delivery of nitrous oxide;
 1-3     providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 484.002, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 484.002.  VOLATILE CHEMICALS. In this chapter, the
 1-8     following chemicals or their isomers are volatile chemicals:
 1-9                 (1)  toluene;
1-10                 (2)  hexane;
1-11                 (3)  trichloroethylene;
1-12                 (4)  acetone;
1-13                 (5)  ethyl acetate;
1-14                 (6)  methyl ethyl ketone;
1-15                 (7)  trichloroethane;
1-16                 (8)  carbon tetrachloride;
1-17                 (9)  methanol;
1-18                 (10)  methyl isobutyl ketone;
1-19                 (11)  methyl cellosolve acetate;
1-20                 (12)  cyclohexanone;
1-21                 (13)  amyl nitrite;
1-22                 (14)  butyl nitrite;
1-23                 (15)  chloroform;
1-24                 (16)  diethyl ether;
 2-1                 (17)  petroleum distillate;
 2-2                 (18)  aliphatic hydrocarbons;
 2-3                 (19)  chlorinated hydrocarbons;
 2-4                 (20)  ketone solvent;
 2-5                 (21)  glycol ether solvent;
 2-6                 (22)  glycol ether inter solvent;
 2-7                 (23)  xylol or xylene;  [and]
 2-8                 (24)  chlorofluorocarbons; and
 2-9                 (25)  nitrous oxide.
2-10           SECTION 2. Section 484.003, Health and Safety Code, is
2-11     amended to read as follows:
2-12           Sec. 484.003.  POSSESSION AND USE;  CRIMINAL PENALTY. (a)  A
2-13     person commits an offense if the person inhales, ingests, applies,
2-14     uses, or possesses a substance containing a volatile chemical other
2-15     than nitrous oxide with the intent to inhale, ingest, apply, or use
2-16     the substance in a manner:
2-17                 (1)  contrary to directions for use, cautions, or
2-18     warnings appearing on a label of a container of the substance; and
2-19                 (2)  designed to:
2-20                       (A)  affect the person's central nervous system;
2-21                       (B)  create or induce a condition of
2-22     intoxication, hallucination, or elation; or
2-23                       (C)  change, distort, or disturb the person's
2-24     eyesight, thinking process, balance, or coordination.
2-25           (b)  A person commits an offense if the person inhales,
2-26     ingests, applies, uses, or possesses a substance containing nitrous
2-27     oxide with the intent to inhale, ingest, apply, or use the
 3-1     substance in a manner designed to:
 3-2                 (1)  affect the person's central nervous system;
 3-3                 (2)  create or induce a condition of intoxication,
 3-4     hallucination, or elation; or
 3-5                 (3)  change, distort, or disturb the person's eyesight,
 3-6     thinking process, balance, or coordination.
 3-7           (c)  An offense under this section is a Class B misdemeanor.
 3-8           SECTION 3. The heading to Section 484.005, Health and Safety
 3-9     Code, is amended to read as follows:
3-10           Sec. 484.005.  SALE OR DELIVERY [TO A MINOR]; CRIMINAL
3-11     PENALTY.
3-12           SECTION 4.  Section 484.005(a), Health and Safety Code, is
3-13     amended to read as follows:
3-14           (a)  A person commits an offense if:
3-15                 (1)  the person intentionally, knowingly, or recklessly
3-16     sells or delivers a substance containing a volatile chemical to a
3-17     person younger than 18 years of age[;]  and
3-18                 [(2)]  the substance is subject to special labeling
3-19     requirements concerning precautions against inhalation established
3-20     under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
3-21     et seq.) as that law existed on January 1, 1985, and the federal
3-22     regulations adopted under that Act (16 C.F.R. 1500.14) and in
3-23     effect on that date; or
3-24                 (2)  the person sells or delivers a substance
3-25     containing nitrous oxide to another person knowing that the person
3-26     to whom the substance is sold or delivered intends to inhale,
3-27     ingest, apply, or use the substance in a manner that constitutes an
 4-1     offense under Section 484.003.
 4-2           SECTION 5. The change in law made by this Act applies only to
 4-3     an offense committed on or after the effective date of this Act. An
 4-4     offense committed before the effective date of this Act is covered
 4-5     by the law in effect when the offense was committed, and the former
 4-6     law is continued in effect for that purpose.  For purposes of this
 4-7     section, an offense was committed before the effective date of this
 4-8     Act if any element of the offense occurred before that date.
 4-9           SECTION 6. This Act takes effect September 1, 2001.