78R986 JRJ-F


By:  Laubenberg                                                   H.B. No. 3535



A BILL TO BE ENTITLED

AN ACT

relating to certain administrative penalties assessed by the Texas 
Department of Health.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 485.101(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The department may impose an administrative penalty on a 
person who sells abusable volatile chemicals [glue or aerosol 
paint] at retail who violates this chapter or a rule or order 
adopted under this chapter.
	SECTION 2.  Section 485.102(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The amount of the penalty may not exceed $5,000 [$1,000] 
for each violation, and each day a violation continues or occurs is 
a separate violation for purposes of imposing a penalty.  The total 
amount of the penalty assessed for a violation continuing or 
occurring on separate days under this subsection may not exceed 
$25,000 [$5,000].
	SECTION 3.  Section 501.102(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The amount of the penalty may not exceed $10,000
[$1,000] for each violation, and each day a violation continues or 
occurs is a separate violation for purposes of imposing a penalty.  
[The total amount of the penalty assessed for a violation 
continuing or occurring on separate days under this subsection may 
not exceed $5,000.]
	SECTION 4.  (a)  The change in law made by this Act applies 
only to a violation committed on or after the effective date of this 
Act.  For purposes of this section, a violation is committed before 
the effective date of this Act if any element of the violation 
occurs before that date.
	(b)  A violation committed before the effective date of this 
Act is covered by the law in effect when the violation was 
committed, and the former law is continued in effect for that 
purpose.
	SECTION 5.  This Act takes effect September 1, 2003.