reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 501.104. Penalty to Be Paid or Hearing Requested

Sec. 501.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Within 20 days after the date the person receives the notice sent under Section 501.103, 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. 7.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1270, eff. April 2, 2015.
2023 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 501.105. Hearing

Sec. 501.105.  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. 7.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1271, eff. April 2, 2015.
2023 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 501.106. Decision by Department

Sec. 501.106.  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. 7.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1272, eff. April 2, 2015.
2023 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 501.107. Options Following Decision: Pay or Appeal

Sec. 501.107.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  Within 30 days after the date an order of the department under Section 501.106 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. 7.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1273, eff. April 2, 2015.
2023 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 501.108. Stay of Enforcement of Penalty

Sec. 501.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within the 30-day period prescribed by Section 501.107, 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)  giving 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. 7.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1274, eff. April 2, 2015.
2023 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 501.109. Collection of Penalty

Sec. 501.109.  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. 7.01, eff. Sept. 1, 1999.
2023 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 501.110. Decision by Court

Sec. 501.110.  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. 7.01, eff. Sept. 1, 1999.
2023 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 501.111. Remittance of Penalty and Interest

Sec. 501.111.  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. 7.01, eff. Sept. 1, 1999.
2023 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 501.112. Release of Bond

Sec. 501.112.  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. 7.01, eff. Sept. 1, 1999.
2023 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 501.113. Administrative Procedure

Sec. 501.113.  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. 7.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.001. Short Title

Sec. 502.001.  SHORT TITLE.  This chapter may be cited as the Hazard Communication Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.002. Findings; Purpose

Sec. 502.002.  FINDINGS;  PURPOSE.  (a)  The legislature finds that:
(1)  the health and safety of persons working in this state may be improved by providing access to information regarding hazardous chemicals to which those persons may be exposed during normal employment activities, during emergency situations, or as a result of proximity to the manufacture or use of those chemicals;  and
(2)  many employers in this state have established suitable information programs for their employees and that access to the information is required of most employers under the federal Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard.
(b)  It is the intent and purpose of this chapter to assure that employers provide information regarding hazardous chemicals in the workplace to employees who may be exposed to those chemicals in their workplace.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.0021. Federal Laws and Regulations

Sec. 502.0021.  FEDERAL LAWS AND REGULATIONS.  In this chapter, a reference to a federal law or regulation means a reference to the most current version of that law or regulation.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.005. Workplace Chemical List

Sec. 502.005.  WORKPLACE CHEMICAL LIST.  (a)  For the purpose of worker right-to-know, an employer shall compile and maintain a workplace chemical list that contains the following information for each hazardous chemical normally present in the workplace or temporary workplace in excess of 55 gallons or 500 pounds or in excess of an amount that the executive commissioner determines by rule for certain highly toxic or dangerous hazardous chemicals:
(1)  the identity used on the SDS and container label; and
(2)  the work area in which the hazardous chemical is normally present.
(b)  The employer shall update the workplace chemical list as necessary but at least by December 31 of each year.  Each workplace chemical list shall be dated and signed by the person responsible for compiling the information.
(c)  The workplace chemical list may be prepared for the workplace as a whole or for each work area or temporary workplace and must be readily available to employees and their representatives.  All employees shall be made aware of the workplace chemical list before working with or in a work area containing hazardous chemicals.
(d)  An employer shall maintain a workplace chemical list for at least 30 years.  The employer shall send complete records to the department if the employer ceases to operate.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1278, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.006. Safety Data Sheet

Sec. 502.006.  SAFETY DATA SHEET.  (a)  A chemical manufacturer or distributor shall provide appropriate safety data sheets to employers who acquire hazardous chemicals in this state with each initial shipment and with the first shipment after an SDS is updated.  The SDSs must conform to the most current requirements of the OSHA standard.
(b)  An employer shall maintain a legible copy of a current SDS for each hazardous chemical purchased.  If the employer does not have a current SDS for a hazardous chemical when the chemical is received at the workplace, the employer shall request an SDS in writing from the manufacturer or distributor in a timely manner or shall otherwise obtain a current SDS.  The manufacturer or distributor shall respond with an appropriate SDS in a timely manner.
(c)  Safety data sheets shall be readily available, on request, for review by employees or designated representatives at each workplace.
(d)  A copy of an SDS maintained by an employer under this section shall be provided to the department on request.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1279, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.007. Label

Sec. 502.007.  LABEL.  (a)  A label on an existing container of a hazardous chemical may not be removed or defaced unless it is illegible, inaccurate, or does not conform to the OSHA standard or other applicable labeling requirement.  Primary containers must be relabeled with at least the identity appearing on the SDS, the pertinent physical and health hazards, including the organs that would be affected, and the manufacturer's name and address.  Except as provided by Subsection (b), secondary containers must be relabeled with at least the identity appearing on the SDS and appropriate hazard warnings.
(b)  An employee may not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for the immediate use of the employee who performs the transfer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1280, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.008. Outreach Program

Sec. 502.008.  OUTREACH PROGRAM.  (a)  The department shall develop an outreach program that:
(1)  consists of an education and training program in the form of instructional materials to assist employers in fulfilling the requirements of Section 502.009; and
(2)  includes the development and distribution of a supply of informational leaflets concerning employer's duties, employee rights, the outreach program, and the effects of hazardous chemicals.
(b)  The department may contract with a public institution of higher education or other public or private organization to develop and implement the outreach program.
(c)  The department shall develop and provide to each employer a suitable form of notice providing employees with information relating to employee rights under this chapter.
(d)  The department shall publicize the availability of information to answer inquiries from employees, employers, or the public in this state concerning the effects of hazardous chemicals.
(e)  In cooperation with the department, an employer may provide an outreach program in the community.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 502.009 and amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1281, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.010. Liability Under Other Law

Sec. 502.010.  LIABILITY UNDER OTHER LAW.  Providing information to an employee does not affect:
(1)  the liability of an employer with regard to the health and safety of an employee or other person exposed to hazardous chemicals;
(2)  the employer's responsibility to take any action to prevent occupational disease as required under other law;  or
(3)  any other duty or responsibility of a manufacturer, producer, or formulator to warn ultimate users of a hazardous chemical under other law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 502.011 and amended by Acts 1993, 73rd Leg., ch. 528, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.011. Complaints and Investigations

Sec. 502.011.  COMPLAINTS AND INVESTIGATIONS.  (a)  The department or the department's representative shall investigate in a timely manner a complaint received in writing from an employee or an employee's designated representative relating to an alleged violation of this chapter by an employer.
(b)  A complaint received from a person relating to an alleged violation shall be referred to the federal Occupational Safety and Health Administration (OSHA) or to the federal Mine Safety and Health Administration (MSHA) if the complaint is related to an applicable OSHA or MSHA requirement and the applicable OSHA or MSHA standard is in effect.  The department or the department's representative shall investigate the complaint if:
(1)  the applicable OSHA or MSHA standard is not in effect; or
(2)  the complaint is based on a requirement of this chapter.
(c)  On presentation of appropriate credentials, a department representative may enter a workplace at reasonable times to inspect and investigate complaints.
(d)  The department may find multiple violations by an employer based on distinct requirements of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 502.012 and amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1283, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.012. Reporting Fatalities and Injuries

Sec. 502.012.  REPORTING FATALITIES AND INJURIES.  (a)  Within 48 hours after the occurrence of an employee accident that directly or indirectly involves chemical exposure or that involves asphyxiation, and that is fatal to one or more employees or results in the hospitalization of five or more employees, the employer of any of the employees so injured or killed shall report the accident either orally or in writing to the department.
(b)  The report to the department shall relate the circumstances of the accident, the number of fatalities, and the extent of any injuries.  If it is necessary to complete the investigation of an incident, the department may require additional reports in writing as necessary.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.0141. Administrative Penalty Assessment Procedure

Sec. 502.0141.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed only after an employer charged with a violation is given an opportunity for a hearing.
(b)  If a hearing is to be held, the department shall refer the matter to the State Office of Administrative Hearings and an administrative law judge of that office shall make findings of fact and shall issue to the department a written proposal for decision regarding the occurrence of the violation and the amount of the penalty that may be warranted.
(c)  If the employer charged with the violation does not request a hearing in a timely manner, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty that may be warranted.
(d)  After making a determination under this section that a penalty is to be assessed against an employer, the department shall issue an order requiring that the employer pay the penalty.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(98), eff. April 2, 2015.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1285, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(98), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.015. Civil Penalty; Injunction

Sec. 502.015.  CIVIL PENALTY;  INJUNCTION.  (a)  If it appears that an employer has violated, is violating, or is threatening to violate this chapter or any rule adopted or order issued under this chapter, the department may request the attorney general or the district, county, or city attorney of the municipality or county in which the violation has occurred, is occurring, or may occur to institute a civil suit for:
(1)  injunctive relief to restrain the employer from continuing the violation or threat of violation;
(2)  the assessment and recovery of a civil penalty for a violation; or
(3)  both the injunctive relief and the civil penalty.
(b)  The penalty may be in an amount not to exceed $2,000 a day for each violation, with a total not to exceed $20,000 for that violation.
(c)  In determining the amount of the penalty, the court shall consider the employer's history of previous violations, the seriousness of the violation, any hazard to health and safety of the public, the demonstrated good faith of the employer charged, and other matters as justice may require.
(d)  Any civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.  Any civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
(e)  This section does not affect any other right of an employee or any other employer to receive compensation for damages under other law.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1287, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.016. Criminal Penalty

Sec. 502.016.  CRIMINAL PENALTY.  An employer who is required to disclose hazard information under this chapter and who proximately causes an occupational disease or injury to an individual by knowingly disclosing false hazard information or knowingly failing to disclose hazard information provided on an MSDS commits an offense that is punishable by a fine of not more than $10,000 for each violation.  Each day of violation constitutes a separate offense, except that the fine may not exceed $100,000 for that violation.  This section does not affect any other right of an employee or any other employer to receive compensation for damages under other law.
Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.017. Employee Notice; Rights of Employees

Sec. 502.017.  EMPLOYEE NOTICE;  RIGHTS OF EMPLOYEES.  (a)  An employer shall post and maintain adequate notice, at locations where notices are normally posted, informing employees of their rights under this chapter.  If the department does not prepare the notice under Section 502.008, the employer shall prepare the notice.
(b)  Employees who may be exposed to hazardous chemicals shall be informed of the exposure and shall have access to the workplace chemical list and MSDSs for the hazardous chemicals.  Employees, on request, shall be provided a copy of a specific MSDS with any trade secret information deleted.  In addition, employees shall receive training concerning the hazards of the chemicals and measures they can take to protect themselves from those hazards.  Employees shall be provided with appropriate personal protective equipment.  These rights are guaranteed.
(c)  An employer may not discharge, cause to be discharged, otherwise discipline, or in any manner discriminate against an employee because the employee has:
(1)  filed a complaint;
(2)  assisted an inspector of the department who may make or is making an inspection under Section 502.011;
(3)  instituted or caused to be instituted any proceeding under or related to this chapter;
(4)  testified or is about to testify in a proceeding under this chapter;  or
(5)  exercised any rights afforded under this chapter on behalf of the employee or on behalf of others.
(d)  Pay, position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this chapter.
(e)  A waiver by an employee of the benefits or requirements of this chapter is void.  An employer's request or requirement that an employee waive any rights under this chapter as a condition of employment is a violation of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 502.013 and amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1288, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle D - Hazardous Substances › Chapter 502 - Hazard Communication Act › Section 502.018. Standard for Physician Treatment

Sec. 502.018.  STANDARD FOR PHYSICIAN TREATMENT.  For the purposes of this chapter, the requirements in the OSHA standard for physicians treating employees (29 CFR Section 1910.1200(i)) apply to physicians treating persons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 502.015 and amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1289, eff. April 2, 2015.