1-1     By:  Chavez, Coleman (Senate Sponsor - Nelson)        H.B. No. 2950
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 2001, read first time and referred to Committee on Business
 1-4     and Commerce; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the regulation of certain abusable volatile chemicals.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  The heading to Chapter 485, Health and Safety
1-11     Code, is amended to read as follows:
1-12                  CHAPTER 485.  ABUSABLE VOLATILE CHEMICALS
1-13                         [GLUES AND AEROSOL PAINTS] 
1-14           SECTION 2.  Subchapters A, B, and C, Chapter 485, Health and
1-15     Safety Code, are amended to read as follows:
1-16                      SUBCHAPTER A.  GENERAL PROVISIONS
1-17           Sec. 485.001.  DEFINITIONS.  In this chapter:
1-18                 (1)  "Abusable volatile chemical [glue or aerosol
1-19     paint]" means:
1-20                       (A)  a chemical, including [glue or] aerosol
1-21     paint, that [is]:
1-22                             (i)  is [(A)] packaged in a container
1-23     subject to [holding a pint or less by volume or less than two
1-24     pounds by weight; and]
1-25                       [(B)  labeled in accordance with] the labeling
1-26     requirements concerning precautions against inhalation established
1-27     under the Federal Hazardous Substances Act (15 U.S.C.  Section 1261
1-28     et seq.), as amended, and [under] regulations adopted under that
1-29     Act and is labeled with the statement of principal hazard on the
1-30     principal display panel "VAPOR HARMFUL" or other labeling
1-31     requirement subsequently established under that Act or those
1-32     regulations;
1-33                             (ii)  when inhaled, ingested, or otherwise
1-34     introduced into a person's body, may:
1-35                                   (a)  affect the person's central
1-36     nervous system;
1-37                                   (b)  create or induce in the person a
1-38     condition of intoxication, hallucination, or elation; or
1-39                                   (c)  change, distort, or disturb the
1-40     person's eyesight, thinking process, balance, or coordination; and
1-41                             (iii)  is not:
1-42                                   (a)  a pesticide subject to Chapter
1-43     76, Agriculture Code, or to the Federal Environmental Pesticide
1-44     Control Act of 1972 (7 U.S.C. Section 136 et seq.), as amended;
1-45                                   (b)  a food, drug, or cosmetic
1-46     subject to Chapter 431 or to the Federal Food, Drug, and Cosmetic
1-47     Act (21 U.S.C. Section 301 et seq.), as amended; or
1-48                                   (c)  a beverage subject to the
1-49     Federal Alcohol Administration Act (27 U.S.C. Section 201 et seq.),
1-50     as amended; or
1-51                       (B)  nitrous oxide that is not:
1-52                             (i)  a pesticide subject to Chapter 76,
1-53     Agriculture Code, or to the Federal Environmental Pesticide Control
1-54     Act of 1972 (7 U.S.C. Section 136 et seq.), as amended;
1-55                             (ii)  a food, drug, or cosmetic subject to
1-56     Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21
1-57     U.S.C. Section 301 et seq.), as amended; or
1-58                             (iii)  a beverage subject to the Federal
1-59     Alcohol Administration Act (27 U.S.C. Section 201 et seq.), as
1-60     amended.
1-61                 (2)  "Aerosol paint" means an aerosolized paint
1-62     product, including a clear or pigmented lacquer or finish.
1-63                 (3)  "Board" means the Texas Board of Health.
1-64                 (4)  "Commissioner" means the commissioner of health.
 2-1                 (5) [(4)]  "Deliver" means to make the actual or
 2-2     constructive transfer from one person to another of an abusable
 2-3     volatile chemical [glue or aerosol paint], regardless of whether
 2-4     there is an agency relationship.  The term includes an offer
 2-5     [offering] to sell an abusable volatile chemical [glue or aerosol
 2-6     paint].
 2-7                 (6) [(5)]  "Delivery" means the act of delivering.
 2-8                 (7) [(6)]  "Department" means the Texas Department of
 2-9     Health.
2-10                 [(7)  "Glue" means an adhesive substance intended to be
2-11     used to join two surfaces.]
2-12                 (8)  "Inhalant paraphernalia" means equipment[,
2-13     products,] or materials of any kind that are [used or] intended for
2-14     use in inhaling, ingesting, or otherwise introducing into the human
2-15     body an abusable volatile chemical [glue or aerosol paint in
2-16     violation of Section 485.031].  The term includes[:]
2-17                       [(A)  a can, tube, or other container used as the
2-18     original receptacle for an abusable glue or aerosol paint; or]
2-19                       [(B)]  a [can,] tube, balloon, bag, fabric,
2-20     bottle, or other container used to [contain,] concentrate[,] or
2-21     hold in suspension an abusable volatile chemical [glue or aerosol
2-22     paint,] or vapors of the chemical [glue or paint].
2-23                 (9)  "Sell" includes a conveyance, exchange, barter, or
2-24     trade.
2-25           Sec. 485.002.  RULES. The board may adopt rules necessary to
2-26     comply with any labeling requirements concerning precautions
2-27     against inhalation of an abusable volatile chemical established
2-28     under the Federal Hazardous Substances Act (15 U.S.C. Section 1261
2-29     et seq.), as amended, or under regulations adopted under that Act.
2-30           SUBCHAPTER B.  [ADDITIVES,] SALES PERMITS[,] AND SIGNS
2-31           Sec. 485.011.  [ADDITIVES.  (a)  The commissioner by rule
2-32     shall:]
2-33                 [(1)  approve and designate additive materials to be
2-34     included in abusable glue or aerosol paint; and]
2-35                 [(2)  prescribe the proportions of additive materials
2-36     to be placed in abusable glue or aerosol paint.]
2-37           [(b)  The rules must be designed to safely and effectively
2-38     discourage intentional abuse by inhalation of abusable glue or
2-39     aerosol paint at the lowest practicable cost to the manufacturers
2-40     and distributors of the glue or paint.]
2-41           [Sec. 485.012.]  PERMIT REQUIRED.  A person may not sell an
2-42     abusable volatile chemical [glue or aerosol paint] at retail unless
2-43     the person or the person's employer holds [has], at the time of the
2-44     sale, a volatile chemical [glue and paint] sales permit for the
2-45     location of the sale.
2-46           Sec. 485.012 [485.013].  ISSUANCE AND RENEWAL OF PERMIT.
2-47     (a)  To be eligible for the issuance or renewal of a volatile
2-48     chemical [glue and paint] sales permit, a person must:
2-49                 (1)  hold [have] a sales tax permit that has been
2-50     issued to the person;
2-51                 (2)  complete and return to the department an
2-52     application as required by the department; and
2-53                 (3)  pay to the department the [a $25] application fee
2-54     established under Section 485.013 for each location at which an
2-55     abusable volatile chemical [glue and aerosol paint] may be sold by
2-56     the person holding [on obtaining] a volatile chemical [glue and
2-57     paint] sales permit.
2-58           (b)  The board [department] shall adopt rules as necessary to
2-59     administer this chapter, including application procedures and
2-60     procedures by which the department shall give each permit holder
2-61     [permittee] reasonable notice of permit expiration and renewal
2-62     requirements.
2-63           (c)  The department shall issue or deny a permit and notify
2-64     the applicant of the department's action not later than the 60th
2-65     day after the date on which the department receives the complete
2-66     application and appropriate fee.  If the department denies an
2-67     application, the department shall include in the notice the reasons
2-68     for the denial.
2-69           (d)  A permit issued or renewed under this chapter is valid
 3-1     for one year from the date of issuance or renewal.
 3-2           (e)  A permit is not valid if the permit holder has been
 3-3     convicted more than once in the preceding year of an offense [that
 3-4     is] committed:
 3-5                 (1)  at a [the] location for which the permit is
 3-6     issued; and
 3-7                 (2)  under Section [484.005(a),] 485.031, 485.032, or
 3-8     485.033[, or 485.034].
 3-9           (f)  A permit issued by the department is the property of the
3-10     department and must be surrendered on demand by the department.
3-11           (g)  The department shall prepare an annual roster of permit
3-12     holders.
3-13           (h)  The department shall monitor and enforce compliance with
3-14     this chapter.
3-15           Sec. 485.013.  FEE.  The board by rule may establish fees in
3-16     amounts not to exceed $25 for the issuance of a permit under this
3-17     chapter.
3-18           Sec. 485.014.  PERMIT AVAILABLE FOR INSPECTION.  A permit
3-19     holder must have the volatile chemical [glue and paint] sales
3-20     permit or a copy of the permit available for inspection by the
3-21     public at each location [the place] where the permit holder sells
3-22     an abusable volatile chemical [glue and aerosol paint].
3-23           Sec. 485.015.  REFUSAL TO ISSUE OR RENEW PERMIT.  A
3-24     proceeding for the failure to issue or renew a volatile chemical
3-25     [glue and paint] sales permit under Section 485.012 [485.013] or
3-26     for an appeal from that proceeding is governed by the contested
3-27     case provisions of Chapter 2001, Government Code.
3-28           Sec. 485.016.  DISPOSITION OF FUNDS; EDUCATION AND PREVENTION
3-29     PROGRAMS.  (a)  The department shall [receive and] account for all
3-30     amounts [funds] received under Section 485.013 and send those
3-31     amounts [the funds as they are received] to the comptroller.
3-32           (b)  The comptroller shall deposit the amounts received under
3-33     Subsection (a) in the state treasury [those funds] to the credit of
3-34     the general revenue fund to be used only by the department to:
3-35                 (1)  administer, monitor, and enforce this chapter; and
3-36                 (2)  finance statewide education projects concerning
3-37     the hazards of abusable volatile chemicals [glue or aerosol paint]
3-38     and the prevention of inhalant abuse.
3-39           [(c)  The department shall enter into a memorandum of
3-40     understanding with the Texas Commission on Alcohol and Drug Abuse
3-41     to implement the education and prevention programs.]
3-42           Sec. 485.017.  SIGNS.  A business establishment that sells an
3-43     abusable volatile chemical [glue or aerosol paint] at retail shall
3-44     display a conspicuous sign, in English and Spanish, that states the
3-45     following:
3-46           It is unlawful for a person to sell or deliver an
3-47           abusable volatile chemical [glue or aerosol paint] to a
3-48           person under 18 years of age.  Except in limited
3-49           situations, such an offense is a state jail [3rd
3-50           degree] felony.
3-51           It is also unlawful for a person to abuse a volatile
3-52           chemical [glue or aerosol paint] by inhaling,
3-53           ingesting, applying, using, or possessing with intent
3-54           to inhale, ingest, apply, or use a volatile chemical
3-55           [glue or aerosol paint] in a manner designed to affect
3-56           the  central nervous system.  Such an offense is a
3-57           Class B misdemeanor.
3-58           Sec. 485.018.  PROHIBITED ORDINANCE AND RULE.  (a)  A
3-59     political subdivision or an agency of this [the] state may not
3-60     enact an ordinance or rule that requires a business establishment
3-61     to display an abusable volatile chemical [glue or aerosol paint] in
3-62     a manner that makes the chemical [glue or paint] accessible to
3-63     patrons of the business only with the assistance of personnel of
3-64     the business.
3-65           (b)  This section does not apply to an ordinance or rule that
3-66     was enacted before September 1, 1989.
3-67           Sec. 485.019.  RESTRICTION OF ACCESS TO AEROSOL PAINT.
3-68     (a)  A business establishment that holds a permit under Section
3-69     485.012 and that displays aerosol paint shall display the paint:
 4-1                 (1)  in a place that is in the line of sight of a
 4-2     cashier or in the line of sight from a workstation normally
 4-3     continuously occupied during business hours;
 4-4                 (2)  in a manner that makes the paint accessible to a
 4-5     patron of the business establishment only with the assistance of an
 4-6     employee of the establishment; or
 4-7                 (3)  in an area electronically protected, or viewed by
 4-8     surveillance equipment that is monitored, during business hours.
 4-9           (b)  This section does not apply to a business establishment
4-10     that has in place a computerized checkout system at the point of
4-11     sale for merchandise that alerts the cashier that a person
4-12     purchasing aerosol paint must be over 18 years of age.
4-13           (c)  A court may issue a warning to a business establishment
4-14     or impose a civil penalty of $50 on the business establishment for
4-15     a first violation of this section.  After receiving a warning or
4-16     penalty for the first violation, the business establishment is
4-17     liable to the state for a civil penalty of $100 for each subsequent
4-18     violation.
4-19           (d)  For the third violation of this section in a calendar
4-20     year, a court may issue an injunction prohibiting the business
4-21     establishment from selling aerosol paint for a period of not more
4-22     than two years.  A business establishment that violates the
4-23     injunction is liable to the state for a civil penalty of $100, in
4-24     addition to any other penalty authorized by law, for each day the
4-25     violation continues.
4-26           (e)  If a business establishment fails to pay a civil penalty
4-27     under this section, the court may issue an injunction prohibiting
4-28     the establishment from selling aerosol paint until the
4-29     establishment pays the penalty, attorney's fees, and court costs.
4-30           (f)  The district or county attorney for the county in which
4-31     a violation of this section is alleged to have occurred, or the
4-32     attorney general, if requested by the district or county attorney
4-33     for that county, may file suit for the issuance of a warning, the
4-34     collection of a penalty, or the issuance of an injunction.
4-35           (g)  A penalty collected under this section shall be sent to
4-36     the comptroller for deposit in the state treasury to the credit of
4-37     the general revenue fund.
4-38           (h)  This section applies only to a business establishment
4-39     that is located in a county with a population of 75,000 or more.
4-40                      SUBCHAPTER C.  CRIMINAL PENALTIES
4-41           Sec. 485.031.  POSSESSION AND USE.  (a)  A person commits an
4-42     offense if the person inhales, ingests, applies, uses, or possesses
4-43     an abusable volatile chemical [glue or aerosol paint] with intent
4-44     to inhale, ingest, apply, or use the chemical [abusable glue or
4-45     aerosol paint] in a manner:
4-46                 (1)  contrary to directions for use, cautions, or
4-47     warnings appearing on a label of a container of the chemical [glue
4-48     or paint]; and
4-49                 (2)  designed to:
4-50                       (A)  affect the person's central nervous system; 
4-51                       (B)  create or induce a condition of
4-52     intoxication, hallucination, or elation; or
4-53                       (C)  change, distort, or disturb the person's
4-54     eyesight, thinking process, balance, or coordination.
4-55           (b)  An offense under this section is a Class B misdemeanor. 
4-56           Sec. 485.032.  [MANUFACTURE AND DELIVERY.  (a)  A person
4-57     commits an offense if the person intentionally manufactures,
4-58     delivers, or possesses with intent to manufacture or deliver
4-59     abusable glue or aerosol paint that does not contain additive
4-60     material in accordance with rules adopted by the commissioner.]
4-61           [(b)  It is an affirmative defense to prosecution under this
4-62     section that the abusable glue or aerosol paint is packaged in bulk
4-63     quantity containers, each of which holds at least two gallons, and
4-64     is intended for ultimate use only by industrial or commercial
4-65     enterprises.]
4-66           [(c)  An offense under this section is a Class A misdemeanor.]
4-67           [Sec. 485.033.]  DELIVERY TO A MINOR.  (a)  A person commits
4-68     an offense if the person [intentionally,] knowingly[, or
4-69     recklessly] delivers an abusable volatile chemical [glue or aerosol
 5-1     paint] to a person who is younger than 18 years of age.
 5-2           (b)  It is a defense to prosecution under this section that:
 5-3                 (1)  the abusable volatile chemical [glue or aerosol
 5-4     paint] that was delivered contains additive material that
 5-5     effectively discourages intentional abuse by inhalation; or
 5-6                 (2)  the person making the delivery is not the
 5-7     manufacturer of the chemical and the manufacturer of the chemical
 5-8     failed to label the chemical with the statement of principal hazard
 5-9     on the principal display panel "VAPOR HARMFUL" or other labeling
5-10     requirement subsequently established under the Federal Hazardous
5-11     Substances Act (15 U.S.C. Section 1261 et seq.), as amended, or
5-12     regulations subsequently adopted under that Act [is in compliance
5-13     with rules adopted by the commissioner under Section 485.011].
5-14           (c)  It is an affirmative defense to prosecution under this
5-15     section that:
5-16                 (1)  the person making the delivery is an adult having
5-17     supervisory responsibility over the person younger than 18 years of
5-18     age and:
5-19                       (A)  the adult permits the use of the abusable
5-20     volatile chemical [glue or aerosol paint] only under the adult's
5-21     direct supervision and in the adult's presence and only for its
5-22     intended purpose; and
5-23                       (B)  the adult removes the chemical [substance]
5-24     from the person younger than 18 years of age on completion of that
5-25     use; or
5-26                 (2)  the person to whom the abusable volatile chemical
5-27     [glue or aerosol paint] was delivered presented to the defendant an
5-28     apparently valid Texas driver's license or an identification
5-29     certificate [card], issued by the Department of Public Safety of
5-30     the State of Texas and containing a physical description consistent
5-31     with the person's appearance, that purported to establish that the
5-32     person was 18 years of age or older.
5-33           (d)  Except as provided by Subsections (e) and (f), an
5-34     offense under this section is a state jail felony.
5-35           (e)  An offense under this section is a Class B misdemeanor
5-36     if it is shown on the trial of the defendant that at the time of
5-37     the delivery the defendant or the defendant's employer held [had] a
5-38     volatile chemical [glue and paint] sales permit for the location of
5-39     the sale.
5-40           (f)  An offense under this section is a Class A misdemeanor
5-41     if it is shown on the trial of the defendant that at the time of
5-42     the delivery the defendant or the defendant's employer:
5-43                 (1)  did not hold [have] a volatile chemical [glue and
5-44     paint] sales permit but did hold [have] a sales tax permit for the
5-45     location of the sale; and
5-46                 (2)  had not been convicted previously under this
5-47     section for an offense committed after January 1, 1988.
5-48           Sec. 485.033 [485.034].  INHALANT PARAPHERNALIA.  (a)  A
5-49     person commits an offense if the person [intentionally or]
5-50     knowingly uses or possesses with intent to use inhalant
5-51     paraphernalia to inhale, ingest, or otherwise introduce into the
5-52     human body an abusable volatile chemical [glue or aerosol paint] in
5-53     violation of Section 485.031.
5-54           (b)  A person commits an offense if the person:
5-55                 (1)  knowingly [or intentionally]:
5-56                       (A)  delivers or sells inhalant paraphernalia;
5-57                       (B)  possesses, with intent to deliver or sell,
5-58     inhalant paraphernalia; or
5-59                       (C)  manufactures, with intent to deliver or
5-60     sell, inhalant paraphernalia; and
5-61                 (2)  at the time of the act described by Subdivision
5-62     (1), knows that the person who receives or is intended to receive
5-63     the paraphernalia intends that it be used to inhale, ingest, apply,
5-64     use, or otherwise introduce into the human body a [substance
5-65     containing a] volatile chemical in violation of Section 485.031.
5-66           (c)  An offense under Subsection (a) is a Class B
5-67     misdemeanor, and an offense under Subsection (b) is a Class A
5-68     misdemeanor.
5-69           Sec. 485.034 [485.035].  FAILURE TO POST SIGN.  (a)  A person
 6-1     commits an offense if the person sells an abusable volatile
 6-2     chemical [glue or aerosol paint] in a business establishment and
 6-3     the person does not display  the [a] sign [as] required by Section
 6-4     485.017.
 6-5           (b)  An offense under this section is a Class C misdemeanor. 
 6-6           Sec. 485.035 [485.036].  SALE WITHOUT PERMIT.  (a)  A person
 6-7     commits an offense if the person sells an abusable volatile
 6-8     chemical [glue or aerosol paint] in violation of Section 485.011
 6-9     [485.012] and the purchaser is 18 years of age or older.
6-10           (b)  An offense under this section is a Class B misdemeanor. 
6-11           Sec. 485.036 [485.037].  PROOF OF OFFER TO SELL.  Proof of an
6-12     offer to sell an abusable volatile chemical [glue or aerosol paint]
6-13     must be corroborated by a person other than the offeree or by
6-14     evidence other than a statement of the offeree.
6-15           Sec. 485.037 [485.038].  SUMMARY FORFEITURE.  An abusable
6-16     volatile chemical [glue, aerosol paint,] or inhalant paraphernalia
6-17     seized as a result of an offense under this chapter is subject to
6-18     summary forfeiture and to destruction or disposition in the same
6-19     manner as controlled substance property under Subchapter E, Chapter
6-20     481.
6-21           Sec. 485.038 [485.039].  PREPARATORY OFFENSES.  Title 4,
6-22     Penal Code, applies to an offense under this subchapter.
6-23           SECTION 3. Section 565.001(a), Occupations Code, is amended
6-24     to read as follows:
6-25           (a)  The board may discipline an applicant for or the holder
6-26     of a license to practice pharmacy if the board finds that the
6-27     applicant or license holder has:
6-28                 (1)  violated this subtitle or a board rule adopted
6-29     under this subtitle;
6-30                 (2)  engaged in unprofessional conduct as defined by
6-31     board rule;
6-32                 (3)  engaged in gross immorality as defined by board
6-33     rule;
6-34                 (4)  developed an incapacity that prevents the
6-35     applicant or license holder from practicing pharmacy with
6-36     reasonable skill, competence, and safety to the public;
6-37                 (5)  engaged in fraud, deceit, or misrepresentation, as
6-38     defined by board rule, in practicing pharmacy or in seeking a
6-39     license to practice pharmacy;
6-40                 (6)  been convicted of a misdemeanor involving moral
6-41     turpitude or a felony;
6-42                 (7)  developed a drug or alcohol dependency;
6-43                 (8)  failed to maintain records required by this
6-44     subtitle or failed to maintain complete and accurate records of
6-45     purchases or disposals of drugs listed in Chapter 481 or 483,
6-46     Health and Safety Code, or the Comprehensive Drug Abuse Prevention
6-47     and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
6-48                 (9)  violated any provision of:
6-49                       (A)  Chapter 481 or 483, Health and Safety Code,
6-50     or the Comprehensive Drug Abuse Prevention and Control Act of 1970
6-51     (21 U.S.C. Section 801 et seq.), or rules relating to one of those
6-52     laws; or
6-53                       (B)  Section 485.031, 485.032, 485.033, or
6-54     485.034[, or 485.035], Health and Safety Code; [or]
6-55                       [(C)  a rule adopted under Section 485.011,
6-56     Health and Safety Code;]
6-57                 (10)  aided or abetted an unlicensed person in the
6-58     practice of pharmacy if the pharmacist knew or reasonably should
6-59     have known that the person was unlicensed at the time;
6-60                 (11)  refused entry into a pharmacy for an inspection
6-61     authorized by this subtitle if the pharmacist received notification
6-62     from which the pharmacist knew or reasonably should have known that
6-63     the attempted inspection was authorized;
6-64                 (12)  violated any pharmacy or drug statute or rule of
6-65     this state, another state, or the United States;
6-66                 (13)  been negligent in the practice of pharmacy;
6-67                 (14)  failed to submit to an examination after hearing
6-68     and being ordered to do so by the board under Section 565.052;
6-69                 (15)  dispensed a prescription drug while acting
 7-1     outside the usual course and scope of professional practice; or
 7-2                 (16)  had a license to practice pharmacy issued by
 7-3     another state canceled, revoked, surrendered, or suspended for
 7-4     conduct substantially equivalent to conduct described under this
 7-5     subsection.
 7-6           SECTION 4.  Chapter 484, Health and Safety Code, is repealed.
 7-7           SECTION 5.  (a)  The changes in law made by this Act apply
 7-8     only to an offense committed on or after the effective date of this
 7-9     Act.  An offense committed before the effective date of this Act is
7-10     covered by the law in effect when the offense was committed, and
7-11     the former law is continued in effect for that purpose.  For
7-12     purposes of this subsection, an offense was committed before the
7-13     effective date of this Act if any element of the offense occurred
7-14     before that date.
7-15           (b)  The change in law made by this Act relating to the
7-16     issuance of a permit applies only to a permit that is issued under
7-17     Chapter 485, Health and Safety Code, by the Texas Department of
7-18     Health on or after the effective date of this Act.  A permit that
7-19     was issued by the Texas Department of Health before the effective
7-20     date of this Act remains in effect until the permit expires, is
7-21     surrendered by the holder, or is revoked or suspended by the
7-22     department.
7-23           SECTION 6.  This Act takes effect September 1, 2001.
7-24                                  * * * * *