Bill Text: TX HB4077 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: 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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2015-05-15 - Referred to Criminal Justice [HB4077 Detail]
Download: Texas-2015-HB4077-Engrossed.html
| 84R23848 GCB-F | ||
| By: Guillen | H.B. No. 4077 | |
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| 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; [ |
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| (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. | ||
