reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 485.019 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter B. Sales Permits and Signs|Section 485.019. Restriction of Access to Aerosol Paint

Sec. 485.019.  RESTRICTION OF ACCESS TO AEROSOL PAINT.  (a)  A business establishment that holds a permit under Section 485.012 and that displays aerosol paint shall display the paint:(1)  in a place that is in the line of sight of a cashier or in the line of sight from a workstation normally continuously occupied during business hours;(2)  in a manner that makes the paint accessible to a patron of the business establishment only with the assistance of an employee of the establishment;  or(3)  in an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours.(b)  This section does not apply to a business establishment that has in place a computerized checkout system at the point of sale for merchandise that alerts the cashier that a person purchasing aerosol paint must be over 18 years of age.(c)  A court may issue a warning to a business establishment or impose a civil penalty of $50 on the business establishment for a first violation of this section.  After receiving a warning or penalty for the first violation, the business establishment is liable to the state for a civil penalty of $100 for each subsequent violation.(d)  For the third violation of this section in a calendar year, a court may issue an injunction prohibiting the business establishment from selling aerosol paint for a period of not more than two years.  A business establishment that violates the injunction is liable to the state for a civil penalty of $100, in addition to any other penalty authorized by law, for each day the violation continues.(e)  If a business establishment fails to pay a civil penalty under this section, the court may issue an injunction prohibiting the establishment from selling aerosol paint until the establishment pays the penalty, attorney's fees, and court costs.(f)  The district or county attorney for the county in which a violation of this section is alleged to have occurred, or the attorney general, if requested by the district or county attorney for that county, may file suit for the issuance of a warning, the collection of a penalty, or the issuance of an injunction.(g)  A penalty collected under this section shall be sent to the comptroller for deposit in the state treasury to the credit of the general revenue fund.(h)  This section applies only to a business establishment that is located in a county with a population of 75,000 or more.|Added by Acts 1997, 75th Leg., ch. 593, Sec. 4, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter C. Criminal Penalties|Section 485.032. Delivery to a Minor

Sec. 485.032.  DELIVERY TO A MINOR.  (a)  A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age.(b)  It is a defense to prosecution under this section that:(1)  the abusable volatile chemical that was delivered contains additive material that effectively discourages intentional abuse by inhalation;  or(2)  the person making the delivery is not the manufacturer of the chemical and the manufacturer of the chemical failed to label the chemical with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, or regulations subsequently adopted under that Act.(c)  It is an affirmative defense to prosecution under this section that:(1)  the person making the delivery is an adult having supervisory responsibility over the person younger than 18 years of age and:(A)  the adult permits the use of the abusable volatile chemical only under the adult's direct supervision and in the adult's presence and only for its intended purpose;  and(B)  the adult removes the chemical from the person younger than 18 years of age on completion of that use;  or(2)  the person to whom the abusable volatile chemical was delivered presented to the defendant an apparently valid Texas driver's license or an identification certificate, issued by the Department of Public Safety of the State of Texas and containing a physical description consistent with the person's appearance, that purported to establish that the person was 18 years of age or older.(d)  Except as provided by Subsections (e) and (f), an offense under this section is a state jail felony.(e)  An offense under this section is a Class B misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant's employer held a volatile chemical sales permit for the location of the sale.(f)  An offense under this section is a Class A misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant's employer:(1)  did not hold a volatile chemical sales permit but did hold a sales tax permit for the location of the sale;  and(2)  had not been convicted previously under this section for an offense committed after January 1, 1988.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.06, eff. Sept. 1, 1994.  Renumbered from Health & Safety Code Sec. 485.033 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter C. Criminal Penalties|Section 485.033. Inhalant Paraphernalia

Sec. 485.033.  INHALANT PARAPHERNALIA.  (a)  A person commits an offense if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical in violation of Section 485.031.(b)  A person commits an offense if the person:(1)  knowingly:(A)  delivers or sells inhalant paraphernalia;(B)  possesses, with intent to deliver or sell, inhalant paraphernalia;  or(C)  manufactures, with intent to deliver or sell, inhalant paraphernalia;  and(2)  at the time of the act described by Subdivision (1), knows that the person who receives or is intended to receive the paraphernalia intends that it be used to inhale, ingest, apply, use, or otherwise introduce into the human body a volatile chemical in violation of Section 485.031.(c)  An offense under Subsection (a) is a Class B misdemeanor, and an offense under Subsection (b) is a Class A misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 206, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 485.034 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter C. Criminal Penalties|Section 485.034. Failure to Post Sign

Sec. 485.034.  FAILURE TO POST SIGN.  (a)  A person commits an offense if the person sells an abusable volatile chemical in a business establishment and the person does not display the sign required by Section 485.017.(b)  An offense under this section is a Class C misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 485.035 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter C. Criminal Penalties|Section 485.035. Sale Without Permit

Sec. 485.035.  SALE WITHOUT PERMIT.  (a)  A person commits an offense if the person sells an abusable volatile chemical in violation of Section 485.011 and the purchaser is 18 years of age or older.(b)  An offense under this section is a Class B misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 485.036 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter C. Criminal Penalties|Section 485.036. Proof of Offer to Sell

Sec. 485.036.  PROOF OF OFFER TO SELL.  Proof of an offer to sell an abusable volatile chemical must be corroborated by a person other than the offeree or by evidence other than a statement of the offeree.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 485.037 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.037 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter C. Criminal Penalties|Section 485.037. Summary Forfeiture

Sec. 485.037.  SUMMARY FORFEITURE.  An abusable volatile chemical or inhalant paraphernalia seized as a result of an offense under this chapter is subject to summary forfeiture and to destruction or disposition in the same manner as controlled substance property under Subchapter E, Chapter 481.|Added by Acts 1991, 72nd Leg., ch. 141, Sec. 5, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 485.038 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.038 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter C. Criminal Penalties|Section 485.038. Preparatory Offenses

Sec. 485.038.  PREPARATORY OFFENSES.  Title 4, Penal Code, applies to an offense under this subchapter.|Added by Acts 1995, 74th Leg., ch. 318, Sec. 43, eff. Sept. 1, 1995.  Renumbered from Health & Safety Code Sec. 485.039 by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.|
TX Health & Safety Code § 485.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.101. Imposition of Penalty

Sec. 485.101.  IMPOSITION OF PENALTY.  (a)  The department may impose an administrative penalty on a person who sells abusable glue or aerosol paint at retail who violates this chapter or a rule or order adopted under this chapter.(b)  A penalty collected under this subchapter shall be deposited in the state treasury in the general revenue fund.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 485.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.102. Amount of Penalty

Sec. 485.102.  AMOUNT OF PENALTY.  (a)  The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.  The total amount of the penalty assessed for a violation continuing or occurring on separate days under this subsection may not exceed $5,000.(b)  The amount shall be based on:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(2)  the threat to health or safety caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  whether the violator demonstrated good faith, including when applicable whether the violator made good faith efforts to correct the violation;  and(6)  any other matter that justice may require.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 485.103 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.103. Report and Notice of Violation and Penalty

Sec. 485.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person.(b)  The notice must:(1)  include a brief summary of the alleged violation;(2)  state the amount of the recommended penalty;  and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 485.104 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.104. Penalty to Be Paid or Hearing Requested

Sec. 485.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Within 20 days after the date the person receives the notice sent under Section 485.103, the person in writing may:(1)  accept the determination and recommended penalty of the department;  or(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.(b)  If the person accepts the determination and recommended penalty or if the person fails to respond to the notice, the department by order shall impose the recommended penalty.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1245, eff. April 2, 2015.|
TX Health & Safety Code § 485.105 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.105. Hearing

Sec. 485.105.  HEARING.  (a)  If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a hearing date.  The department shall give written notice of the time and place of the hearing to the person.  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.(b)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department a written proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1246, eff. April 2, 2015.|
TX Health & Safety Code § 485.106 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.106. Decision by Department

Sec. 485.106.  DECISION BY DEPARTMENT.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may:(1)  find that a violation occurred and impose a penalty; or(2)  find that a violation did not occur.(b)  The notice of the department's order under Subsection (a) that is sent to the person in accordance with Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1247, eff. April 2, 2015.|
TX Health & Safety Code § 485.107 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.107. Options Following Decision: Pay or Appeal

Sec. 485.107.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  Within 30 days after the date the order of the department under Section 485.106 that imposes an administrative penalty becomes final, the person shall:(1)  pay the penalty; or(2)  file a petition for judicial review of the department's order contesting the occurrence of the violation, the amount of the penalty, or both.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1248, eff. April 2, 2015.|
TX Health & Safety Code § 485.108 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.108. Stay of Enforcement of Penalty

Sec. 485.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the 30-day period prescribed by Section 485.107, a person who files a petition for judicial review may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account; or(B)  giving the court a supersedeas bond approved by the court that:(i)  is for the amount of the penalty; and(ii)  is effective until all judicial review of the department's order is final; or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and(B)  sending a copy of the affidavit to the department by certified mail.(b)  If the department receives a copy of an affidavit under Subsection (a)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1249, eff. April 2, 2015.|
TX Health & Safety Code § 485.109 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.109. Collection of Penalty

Sec. 485.109.  COLLECTION OF PENALTY.  (a)  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected.(b)  The attorney general may sue to collect the penalty.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 485.110 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.110. Decision by Court

Sec. 485.110.  DECISION BY COURT.  (a)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 485.111 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.111. Remittance of Penalty and Interest

Sec. 485.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person within 30 days after the date that the judgment of the court becomes final.(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 485.112 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.112. Release of Bond

Sec. 485.112.  RELEASE OF BOND.  (a)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 485.113 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle C - Substance Abuse Regulation and Crimes|Chapter 485 - Abusable Volatile Chemicals|Subchapter D. Administrative Penalty|Section 485.113. Administrative Procedure

Sec. 485.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.|Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1, 1999.|