reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 501.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter B. Regulation of Substances|Section 501.023. General Labeling and Packaging Requirements

Sec. 501.023.  GENERAL LABELING AND PACKAGING REQUIREMENTS.  (a)  The department shall ensure that each hazardous substance is labeled sufficiently to inform its user of the dangers involved in using, storing, or handling the substance, of actions to be taken or avoided, and to give instructions as necessary for proper first aid treatment.  The department shall develop labeling instructions consistent with and in conformity with federal requirements.(b)  A statement required by Subsection (a) must be located prominently and written in English in conspicuous and legible type that contrasts in typography, layout, or color with other printed matter on the label.  The department may also require the statement to be written in Spanish.(c)  The statement must also appear:(1)  on the outside container or wrapper of a substance and on a container sold separately and intended for the storage of a hazardous substance unless the statement required by Subsection (a) is easily legible through the outside container or wrapper;  and(2)  on all accompanying literature containing directions for use, whether written or in other form.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 360, Sec. 5, eff. Sept. 1, 2001.|Sec. 501.0231.  LABELING OF CERTAIN TOYS AND GAMES.  (a)  Toys or games intended for use by children, including the parts of those toys or games, shall be labeled in the manner required by department rule.  The rules adopted under this subsection shall be consistent with federal guidelines and regulations adopted under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended.  Until the executive commissioner adopts rules under this subsection, the toys, games, and parts shall be labeled in the manner required by federal guidelines and regulations adopted under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.) as of September 1, 2001.(b)  Latex balloons, small balls, marbles, and any toy or game that contains such a balloon, ball, or marble shall be labeled in the manner required by department rule.  The rules adopted under this subsection shall be consistent with federal guidelines and regulations adopted under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended.  Until the executive commissioner adopts rules under this subsection, latex balloons, small balls, marbles, and any toy or game that contains such a balloon, ball, or marble shall be labeled in the manner required by federal guidelines and regulations adopted under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.) as of September 1, 2001.|Added by Acts 2001, 77th Leg., ch. 360, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1264, eff. April 2, 2015.|
TX Health & Safety Code § 501.0232 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter B. Regulation of Substances|Section 501.0232. Review and Labeling of Hazardous Art Materials

Sec. 501.0232.  REVIEW AND LABELING OF HAZARDOUS ART MATERIALS.  (a)  Art materials shall be reviewed by a toxicologist.(b)  Art materials shall be labeled in the manner required by department rule.  The rules adopted under this subsection shall be consistent with the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, and federal regulations adopted under that Act.  Until the executive commissioner adopts rules under this subsection, art materials shall be labeled in the manner required by the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), and federal regulations adopted under that Act, as of September 1, 2001.|Added by Acts 2001, 77th Leg., ch. 360, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1265, eff. April 2, 2015.|Sec. 501.0233.  PACKAGING OF HAZARDOUS SUBSTANCES.  Hazardous substances shall be packaged in the manner required by special packaging rules adopted by the executive commissioner.  The rules adopted under this section shall be consistent with federal special packaging regulations adopted under the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Section 1471 et seq.), as amended.  Until the executive commissioner adopts rules under this section, hazardous substances shall be packaged in the manner required by federal special packaging regulations adopted under the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Section 1471 et seq.), as of September 1, 2001.|Added by Acts 2001, 77th Leg., ch. 360, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1266, eff. April 2, 2015.|
TX Health & Safety Code § 501.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter B. Regulation of Substances|Section 501.024. Registration

Sec. 501.024.  REGISTRATION.  (a)  A person who manufactures, imports, or repacks a hazardous substance that is distributed in this state or who distributes a hazardous substance in this state under the person's private brand name shall have on file with the department a registration statement as provided by this section.(b)  The executive commissioner by rule shall detail the registration requirements and prescribe the contents of the registration statement.(c)  The person must file the registration statement with the department:(1)  before beginning business in this state as a manufacturer, importer, repacker, or distributor of a hazardous substance;  and(2)  in each succeeding year that the person continues the business in this state, not later than the anniversary of the initial filing.(d)  The initial registration statement and each annual registration statement must be accompanied by a fee prescribed by the executive commissioner by rule.(e)  The department, after notice and hearing, may refuse to register or may cancel, revoke, or suspend the registration of a person who manufactures, imports, repacks, or distributes a hazardous substance if the person fails to comply with the requirements of this chapter.(f)  A hazardous substance is subject to seizure and disposition under Section 501.033 if the person who manufactures, imports, repacks, or distributes the hazardous substance does not, after notice by the department, register with the department and make timely payment of the fee under this section.(g)  This section does not apply to a retailer who distributes a hazardous substance to the general public unless the retailer distributes a hazardous substance made to its specifications.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 360, Sec. 7, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1267, eff. April 2, 2015.|
TX Health & Safety Code § 501.0245 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter B. Regulation of Substances|Section 501.0245. Notice of Radioactive Substance Release

Sec. 501.0245.  NOTICE OF RADIOACTIVE SUBSTANCE RELEASE.  (a)  In this section, "radioactive substance" has the meaning assigned by Section 401.003.(b)  Notwithstanding Subchapter H, Chapter 418, Government Code, or any other law requiring confidentiality, the department or any other state agency that receives a required report of a release of a radioactive substance into the environment shall immediately provide notice to each political subdivision of this state into which the substance was released. The notice must include the name, quantity, and state of matter of the radioactive substance released, if known.(c)  The information contained in the notice provided to a political subdivision under Subsection (b) is confidential and not subject to disclosure under Chapter 552, Government Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 311 (H.B. 2203), Sec. 1, eff. May 31, 2019.|Sec. 501.025.  RULES.  The executive commissioner may adopt reasonable rules necessary for the efficient administration and enforcement of this chapter.  The rules must conform with regulations adopted under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, the federal Consumer Product Safety Act (15 U.S.C. Section 2051 et seq.), as amended, the federal Flammable Fabrics Act (15 U.S.C. Section 1191 et seq.), as amended, and the federal Poison Prevention Packaging Act of 1970 (15 U.S.C. Section 1471 et seq.), as amended, as applicable.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 360, Sec. 8, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1268, eff. April 2, 2015.|
TX Health & Safety Code § 501.026 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter B. Regulation of Substances|Section 501.026. Fees

Sec. 501.026.  FEES.  The executive commissioner by rule shall set reasonable registration fees in an amount as prescribed by Section 12.0111.|Added by Acts 2001, 77th Leg., ch. 360, Sec. 9, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1269, eff. April 2, 2015.|
TX Health & Safety Code § 501.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter C. Enforcement|Section 501.031. Examinations and Investigations

Sec. 501.031.  EXAMINATIONS AND INVESTIGATIONS.  (a)  To enforce this chapter, an officer, employee, or agent of the department, on the presentation of appropriate credentials to the owner, operator, or agent, at reasonable times may enter a factory, warehouse, or establishment in which a hazardous substance is manufactured, processed, packaged, or held for introduction into commerce in this state or in which a hazardous substance is held after introduction into commerce, or a vehicle used to transport or hold a hazardous substance in commerce, for the purpose of inspecting within reasonable limits and in a reasonable manner the factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, and labeling in the factory, warehouse, establishment, or vehicle.(b)  The officer, employee, or agent of the department may obtain samples of any materials, packaging, labeling, or finished product.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 360, Sec. 10, eff. Sept. 1, 2001.|
TX Health & Safety Code § 501.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter C. Enforcement|Section 501.032. Records of Hazardous Substance in Commerce

Sec. 501.032.  RECORDS OF HAZARDOUS SUBSTANCE IN COMMERCE.  (a)  For the enforcement of this chapter, a carrier engaged in commerce, a person receiving a hazardous substance in commerce, or a person holding a hazardous substance received in commerce, on request of the department shall permit a representative of the department at reasonable times to have access to and to copy all records showing the movement in commerce or the holding after movement in commerce of any hazardous substance and the quantity, consignees, and shipper of the hazardous substance.(b)  Evidence obtained under this section may not be used in the criminal prosecution of the person from whom the evidence is obtained.(c)  A carrier is not subject to the other provisions of this chapter because of the carrier's receipt, carriage, holding, or delivery of a hazardous substance in the usual course of the carrier's business.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 501.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter C. Enforcement|Section 501.033. Seizure and Disposition of Banned or Misbranded Hazardous Substance

Sec. 501.033.  SEIZURE AND DISPOSITION OF BANNED OR MISBRANDED HAZARDOUS SUBSTANCE.  (a)  If an authorized agent of the department has good reason to believe that a hazardous substance is a banned or misbranded hazardous substance, the agent shall affix to the article a tag or other appropriate marking giving notice that the article is or is suspected to be a banned or misbranded hazardous substance and that the article has been detained, and warning all persons not to remove the article from the premises or dispose of the article by sale or in any other manner until permission to do so is given by the agent or a court.(b)  The department shall petition a district court of Travis County or of the county in which the article is located to authorize the destruction of the article.  If the court determines that the article is a banned or misbranded hazardous substance, the department shall destroy the article, and the court shall impose all court costs and fees and storage and other proper expenses against the claimant of the article.  However, if the court finds that misbranding occurred in good faith and can be corrected by proper labeling, the court may direct that the article be delivered to the claimant for proper labeling with the approval of the department.(c)  If the court finds that the article is not a banned or misbranded hazardous substance, the court shall order the department to remove the tags or other markings.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 360, Sec. 11, eff. Sept. 1, 2001.|
TX Health & Safety Code § 501.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter C. Enforcement|Section 501.034. Prohibited Acts

Sec. 501.034.  PROHIBITED ACTS.  (a)  A person may not hold or offer for sale, sell, or introduce or deliver for introduction into commerce a misbranded hazardous substance or banned hazardous substance.(b)  A person may not alter, mutilate, destroy, or remove all or part of the label of a hazardous substance, or do any other act relating to a hazardous substance, when the substance is in commerce or is held for sale, whether or not the first sale, after shipment in commerce, if the act results in the hazardous substance being a banned or misbranded hazardous substance.(c)  A person may not receive a banned or misbranded hazardous substance in commerce or deliver or offer to deliver a banned or misbranded hazardous substance for pay or otherwise.(d)  A person may not fail to permit entry or inspection as authorized by this chapter or to provide records as required by this chapter.(e)  A person may not use to his own advantage or reveal to any person other than the department or a court, if relevant to a judicial proceeding under this chapter, information acquired in an inspection authorized by this chapter and relating to a method or process that is entitled to protection as a trade secret.(f)  A person may not remove or dispose of a detained article or substance in violation of Section 501.035.(g)  A person may not manufacture, import, or repack a hazardous substance that is to be distributed in this state or otherwise distribute a hazardous substance in this state without complying with Section 501.024.(h)  A person may not package a hazardous substance in a new or reused food, drug, or cosmetic container that is identifiable as a food, drug, or cosmetic container by its labeling or other identification.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 360, Sec. 12, eff. Sept. 1, 2001.|
TX Health & Safety Code § 501.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter C. Enforcement|Section 501.035. Offenses; Exceptions

Sec. 501.035.  OFFENSES;  EXCEPTIONS.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly violates this chapter or a rule adopted under this chapter.(b)  An offense under this section is a Class A misdemeanor.(c)  This section does not apply to a person who delivers or receives a banned or misbranded hazardous substance if the delivery or receipt is made in good faith and if the person subsequently delivers on request:(1)  the name and address of the person from whom the substance was purchased or received;  and(2)  copies of all documents, if any, relating to the original delivery of the substance to the person.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 360, Sec. 13, eff. Sept. 1, 2001.|
TX Health & Safety Code § 501.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter C. Enforcement|Section 501.036. Injunction

Sec. 501.036.  INJUNCTION.  (a)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter, the commissioner may request the attorney general or a district, county, or city attorney of the county or municipality in which the violation has occurred, is occurring, or may occur to institute a civil suit for:(1)  an order enjoining the violation or an order directing compliance;  or(2)  a permanent or temporary injunction, restraining order, or other appropriate order if the department shows that the person has engaged in, is engaging in, or is about to engage in a violation of this chapter or a rule adopted or order issued under this chapter.(b)  Venue for a suit brought under this section is in the county or municipality in which the violation occurred or in Travis County.(c)  The commissioner and either the attorney general or the district, county, or city attorney, as appropriate, may each recover from the violator reasonable expenses incurred in obtaining injunctive relief under this section, including investigative costs, court costs, reasonable attorney's fees, witness fees, and deposition expenses.  Expenses recovered by the commissioner may be appropriated only to the department to administer and enforce this chapter.  Expenses recovered by the attorney general may be appropriated only to the attorney general.|Added by Acts 2001, 77th Leg., ch. 360, Sec. 14, eff. Sept. 1, 2001.|
TX Health & Safety Code § 501.037 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter C. Enforcement|Section 501.037. Recall Orders

Sec. 501.037.  RECALL ORDERS.  (a)  In conjunction with the detention of an article under Section 501.033, the commissioner may order that a hazardous substance be recalled from commerce.(b)  The commissioner's recall order may require the articles to be removed to one or more secure areas approved by the commissioner or an authorized agent of the commissioner.(c)  The recall order must be in writing and signed by the commissioner.(d)  The recall order may be issued before or in conjunction with the affixing of the tag or other appropriate marking as provided by Section 501.033.(e)  The recall order is effective until the order:(1)  expires on its own terms;(2)  is withdrawn by the commissioner;  or(3)  is reversed by a court in an order denying destruction under Section 501.033.(f)  The claimant of the articles or the claimant's agent shall pay the costs of the removal and storage of the articles removed.(g)  If the claimant or the claimant's agent does not implement the recall order in a timely manner, the commissioner may provide for the recall of the articles.  The costs of the recall shall be assessed against the claimant of the articles or the claimant's agent.(h)  The commissioner may request the attorney general to bring an action in a district court of Travis County to recover costs of the recall.  In a judgment in favor of the state, the court may award costs, attorney's fees, and court costs related to the recall together with interest on those costs from the time an expense was incurred through the date the department is reimbursed.|Added by Acts 2001, 77th Leg., ch. 360, Sec. 14, eff. Sept. 1, 2001.|
TX Health & Safety Code § 501.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter D. Administrative Penalty|Section 501.101. Imposition of Penalty

Sec. 501.101.  IMPOSITION OF PENALTY.  (a)  The department may impose an administrative penalty on a person:(1)  who manufactures or repacks a hazardous substance that is distributed in this state or who distributes a hazardous substance in this state;  and(2)  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. 7.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 501.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter D. Administrative Penalty|Section 501.102. Amount of Penalty

Sec. 501.102.  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. 7.01, eff. Sept. 1, 1999.|
TX Health & Safety Code § 501.103 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle D - Hazardous Substances|Chapter 501 - Hazardous Substances|Subchapter D. Administrative Penalty|Section 501.103. Report and Notice of Violation and Penalty

Sec. 501.103.  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. 7.01, eff. Sept. 1, 1999.|