H.B. 3535 78(R)    BILL ANALYSIS


H.B. 3535
By: Laubenberg
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
The abusable Volatile Chemical (AVC) Act, HB 2950, 77th Legislature,
repealed and replaced the Health and Safety Code, Chapter 485, Abusable
Glues and Aerosol Paints Act.  The AVC Act expanded the regulatory
authority to cover all products that meed the definition of "abusable
volatile chemical", and is designed to prevent inhalant abuse among Texas
youth. The AVC Act requires retailers to obtain a permit prior to
displaying abusable volatile chemicals for sale, and prohibits the sale of
these products includes glues, aerosol, paints, carburetor, and fuel
injector cleaners and nitrous oxide.  

HB 2085, 76th Legislature, authorized TDH to assess administrative
penalties for violations in the amount of $1,000 per day for each
violation and not to exceed $5,000 for each violation and $25,000 for
continuing violations or violations occurring on separate days.  In
addition, HB 2085  required TDH to provide persons with the opportunity to
contest violations or penalty amounts through an administrative hearing
under the State Office of Administrative Hearings (SOAH). 

TDH has developed and distributed materials to assist retailers and retail
associations with the identification of abusable volatile chemicals and
the actions requires to comply with the AVC Act.  
This bill will increase the statutory cap on administrative penalties for
violations committed by persons licensed to sell abusable chemicals,
Health and Safety Code sections 485.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
Section 1: Amends section 485.101(a), Health and Safety Code, by striking
"glue or aerosol" 
 paint and replace it with "volatile chemicals".

Section 2: Amends section 485.102(a), Health and Safety Code, by
increasing the penalty from $1,000 to $5,000 per violation.  It also
amends the same section by increasing the penalty assessed for a violation
continuing or occurring on separate days from $5,000 to $25,000. 

Section 3:  Amends Section 501.102(a), Health and Safety Code, by
increasing the maximum penalty from $5,000 to $10,000. 

EFFECTIVE DATE

September 1, 2003.