| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to adding carbon dioxide in compressed canisters to the |
|
|
definition of abusable volatile chemicals; requiring a volatile |
|
|
chemical sales permit to sell carbon dioxide canisters; amending |
|
|
provisions subject to criminal and administrative penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 485.001(1), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(1) "Abusable volatile chemical" means: |
|
|
(A) a chemical, including aerosol paint, that: |
|
|
(i) is packaged in a container subject to |
|
|
the labeling requirements concerning precautions against |
|
|
inhalation established under the Federal Hazardous Substances Act |
|
|
(15 U.S.C. Section 1261 et seq.), as amended, and regulations |
|
|
adopted under that Act and is labeled with the statement of |
|
|
principal hazard on the principal display panel "VAPOR HARMFUL" or |
|
|
other labeling requirement subsequently established under that Act |
|
|
or those regulations; |
|
|
(ii) when inhaled, ingested, or otherwise |
|
|
introduced into a person's body, may: |
|
|
(a) affect the person's central |
|
|
nervous system; |
|
|
(b) create or induce in the person a |
|
|
condition of intoxication, hallucination, or elation; or |
|
|
(c) change, distort, or disturb the |
|
|
person's eyesight, thinking process, balance, or coordination; and |
|
|
(iii) is not: |
|
|
(a) a pesticide subject to Chapter 76, |
|
|
Agriculture Code, or to the Federal Environmental Pesticide Control |
|
|
Act of 1972 (7 U.S.C. Section 136 et seq.), as amended; |
|
|
(b) a food, drug, or cosmetic subject |
|
|
to Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 |
|
|
U.S.C. Section 301 et seq.), as amended; or |
|
|
(c) a beverage subject to the Federal |
|
|
Alcohol Administration Act (27 U.S.C. Section 201 et seq.), as |
|
|
amended; [or] |
|
|
(B) nitrous oxide that is not: |
|
|
(i) a pesticide subject to Chapter 76, |
|
|
Agriculture Code, or to the Federal Environmental Pesticide Control |
|
|
Act of 1972 (7 U.S.C. Section 136 et seq.), as amended; |
|
|
(ii) a food, drug, or cosmetic subject to |
|
|
Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 |
|
|
U.S.C. Section 301 et seq.), as amended; or |
|
|
(iii) a beverage subject to the Federal |
|
|
Alcohol Administration Act (27 U.S.C. Section 201 et seq.), as |
|
|
amended; or |
|
|
(C) carbon dioxide in the form of a compressed |
|
|
gas propellant contained in a cartridge, tank, canister, or |
|
|
cylinder, that is not: |
|
|
(i) a pesticide subject to Chapter 76, |
|
|
Agriculture Code, or to the Federal Environmental Pesticide Control |
|
|
Act of 1972 (7 U.S.C. Section 136 et seq.), as amended; |
|
|
(ii) a food, drug, or cosmetic subject to |
|
|
Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 |
|
|
U.S.C. Section 301 et seq.), as amended; or |
|
|
(iii) a beverage subject to the Federal |
|
|
Alcohol Administration Act (27 U.S.C. Section 201 et seq.), as |
|
|
amended. |
|
|
SECTION 2. Subchapters C and D, Chapter 485, Health and |
|
|
Safety Code, apply in respect to an act or omission involving carbon |
|
|
dioxide, as added by this Act to the definition of "abusable |
|
|
volatile chemical" in Section 485.001, Health and Safety Code, only |
|
|
if that act or omission occurs on or after January 1, 2016. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |