Bill Text: TX HB2748 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to warning signs for the sale of nitrous oxide; authorizing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-28 - Left pending in committee [HB2748 Detail]
Download: Texas-2015-HB2748-Introduced.html
84R8443 JSC-D | ||
By: Muñoz, Jr. | H.B. No. 2748 |
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relating to warning signs for the sale of nitrous oxide; | ||
authorizing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 485.017, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 485.017. SIGNS. (a) A business establishment that | ||
sells an abusable volatile chemical at retail shall display a | ||
conspicuous sign, in English and Spanish, that states the | ||
following: | ||
It is unlawful for a person to sell or deliver an | ||
abusable volatile chemical to a person under 18 years | ||
of age. Except in limited situations, such an offense | ||
is a state jail felony. | ||
It is also unlawful for a person to abuse a | ||
volatile chemical by inhaling, ingesting, applying, | ||
using, or possessing with intent to inhale, ingest, | ||
apply, or use a volatile chemical in a manner designed | ||
to affect the central nervous system. Such an offense | ||
is a Class B misdemeanor. | ||
(b) A business establishment that sells any form of nitrous | ||
oxide, regardless of whether the nitrous oxide is considered to be | ||
an abusable volatile chemical under this chapter, shall display a | ||
conspicuous sign that warns of the dangers of using nitrous oxide as | ||
a recreational drug. | ||
(c) The executive commissioner of the Health and Human | ||
Services Commission shall adopt rules prescribing the design and | ||
content of the sign described by Subsection (b). | ||
SECTION 2. Section 485.101, Health and Safety Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) The department may impose an administrative penalty | ||
on a person who violates Section 485.017(b). | ||
SECTION 3. Not later than December 1, 2015, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules prescribing the design and content of the sign required | ||
under Section 485.017(b), Health and Safety Code, as added by this | ||
Act. | ||
SECTION 4. A business establishment is not required to post | ||
a sign under Section 485.017(b), Health and Safety Code, as added by | ||
this Act, before January 1, 2016. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |