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.