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A BILL TO BE ENTITLED
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AN ACT
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relating to warning signs for the sale of nitrous oxide; |
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authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 485.017, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 485.017. SIGNS. (a) A business establishment that |
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sells an abusable volatile chemical at retail shall display a |
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conspicuous sign, in English and Spanish, that states the |
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following: |
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It is unlawful for a person to sell or deliver an |
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abusable volatile chemical to a person under 18 years |
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of age. Except in limited situations, such an offense |
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is a state jail felony. |
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It is also unlawful for a person to abuse a |
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volatile chemical by inhaling, ingesting, applying, |
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using, or possessing with intent to inhale, ingest, |
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apply, or use a volatile chemical in a manner designed |
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to affect the central nervous system. Such an offense |
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is a Class B misdemeanor. |
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(b) A business establishment that sells any form of nitrous |
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oxide, regardless of whether the nitrous oxide is considered to be |
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an abusable volatile chemical under this chapter, shall display a |
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conspicuous sign that warns of the dangers of using nitrous oxide as |
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a recreational drug. |
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(c) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules prescribing the design and |
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content of the sign described by Subsection (b). |
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SECTION 2. Section 485.101, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The department may impose an administrative penalty |
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on a person who violates Section 485.017(b). |
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SECTION 3. Not later than December 1, 2015, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules prescribing the design and content of the sign required |
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under Section 485.017(b), Health and Safety Code, as added by this |
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Act. |
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SECTION 4. A business establishment is not required to post |
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a sign under Section 485.017(b), Health and Safety Code, as added by |
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this Act, before January 1, 2016. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |