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