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.

SUMMARY: 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.

FULL TEXT:
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 Cand 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.