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.
Spectrum: Partisan Bill (Republican 1-0)
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. |