reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.047. Refilling Prescription Without Authorization

Sec. 483.047.  REFILLING PRESCRIPTION WITHOUT AUTHORIZATION.  (a)  Except as authorized by Subsections (b) and (b-1), a pharmacist commits an offense if the pharmacist refills a prescription unless:
(1)  the prescription contains an authorization by the practitioner for the refilling of the prescription, and the pharmacist refills the prescription in the manner provided by the authorization; or
(2)  at the time of refilling the prescription, the pharmacist is authorized to do so by the practitioner who issued the prescription.
(b)  A pharmacist may exercise his professional judgment in refilling a prescription for a dangerous drug without the authorization of the prescribing practitioner provided:
(1)  failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2)  either:
(A)  a natural or manmade disaster has occurred which prohibits the pharmacist from being able to contact the practitioner;  or
(B)  the pharmacist is unable to contact the practitioner after reasonable effort;
(3)  the quantity of drug dispensed does not exceed a 72-hour supply;
(4)  the pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without such authorization and that authorization of the practitioner is required for future refills;  and
(5)  the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time.
(b-1)  Notwithstanding Subsection (b), in the event of a natural or manmade disaster, a pharmacist may dispense not more than a 30-day supply of a dangerous drug without the authorization of the prescribing practitioner if:
(1)  failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2)  the natural or manmade disaster prohibits the pharmacist from being able to contact the practitioner;
(3)  the governor has declared a state of disaster under Chapter 418, Government Code; and
(4)  the board, through the executive director, has notified pharmacies in this state that pharmacists may dispense up to a 30-day supply of a dangerous drug.
(b-2)  The prescribing practitioner is not liable for an act or omission by a pharmacist in dispensing a dangerous drug under Subsection (b-1).
(c)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 22, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.048. Unauthorized Communication of Prescription

Sec. 483.048.  UNAUTHORIZED COMMUNICATION OF PRESCRIPTION.  (a)  An agent of a practitioner commits an offense if the agent communicates by telephone a prescription unless the agent is designated in writing under Section 483.022 as authorized by the practitioner to communicate prescriptions by telephone.
(b)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.049. Failure to Maintain Records

Sec. 483.049.  FAILURE TO MAINTAIN RECORDS.  (a)  A person commits an offense if the person is required to maintain a record under Section 483.023 or 483.024 and the person fails to maintain the record in the manner required by those sections.
(b)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.050. Refusal to Permit Inspection

Sec. 483.050.  REFUSAL TO PERMIT INSPECTION.  (a)  A person commits an offense if the person is required to permit an inspection authorized by Section 483.025 and fails to permit the inspection in the manner required by that section.
(b)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.051. Using or Revealing Trade Secret

Sec. 483.051.  USING OR REVEALING TRADE SECRET.  (a)  A person commits an offense if the person uses for the person's advantage or reveals to another person, other than to an officer or employee of the board or to a court in a judicial proceeding relevant to this chapter, information relating to dangerous drugs required to be kept under this chapter, if that information concerns a method or process subject to protection as a trade secret.
(b)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.052. Violation of Other Provision

Sec. 483.052.  VIOLATION OF OTHER PROVISION.  (a)  A person commits an offense if the person violates a provision of this chapter other than a provision for which a specific offense is otherwise described by this chapter.
(b)  An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter C. Criminal Penalties › Section 483.053. Preparatory Offenses

Sec. 483.053.  PREPARATORY OFFENSES.  Title 4, Penal Code, applies to an offense under this subchapter.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 40, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter D. Criminal and Civil Procedure › Section 483.071. Exceptions; Burden of Proof

Sec. 483.071.  EXCEPTIONS;  BURDEN OF PROOF.  (a)  In a complaint, information, indictment, or other action or proceeding brought for the enforcement of this chapter, the state is not required to negate an exception, excuse, proviso, or exemption contained in this chapter.
(b)  The defendant has the burden of proving the exception, excuse, proviso, or exemption.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter D. Criminal and Civil Procedure › Section 483.072. Uncorroborated Testimony

Sec. 483.072.  UNCORROBORATED TESTIMONY.  A conviction under this chapter may be obtained on the uncorroborated testimony of a party to the offense.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter D. Criminal and Civil Procedure › Section 483.073. Search Warrant

Sec. 483.073.  SEARCH WARRANT.  A peace officer may apply for a search warrant to search for dangerous drugs possessed in violation of this chapter.  The peace officer must apply for and execute the search warrant in the manner prescribed by the Code of Criminal Procedure.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter D. Criminal and Civil Procedure › Section 483.074. Seizure and Destruction

Sec. 483.074.  SEIZURE AND DESTRUCTION.  (a)  A dangerous drug that is manufactured, sold, or possessed in violation of this chapter is contraband and may be seized by an employee of the board or by a peace officer authorized to enforce this chapter and charged with that duty.
(b)  If a dangerous drug is seized under Subsection (a), the board may direct an employee of the board or an authorized peace officer to destroy the drug.  The employee or authorized peace officer directed to destroy the drug must act in the presence of another employee of the board or authorized peace officer and shall destroy the drug in any manner designated as appropriate by the board.
(c)  Before the dangerous drug is destroyed, an inventory of the drug must be prepared.  The inventory must be accompanied by a statement that the dangerous drug is being destroyed at the direction of the board, by an employee of the board or an authorized peace officer, and in the presence of another employee of the board or authorized peace officer.  The statement must also contain the names of the persons in attendance at the time of destruction, state the capacity in which each of those persons acts, be signed by those persons, and be sworn to by those persons that the statement is correct.  The statement shall be filed with the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 237, Sec. 12, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter D. Criminal and Civil Procedure › Section 483.075. Injunction

Sec. 483.075.  INJUNCTION.  The board may institute an action in its own name to enjoin a violation of this chapter.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter D. Criminal and Civil Procedure › Section 483.076. Legal Representation of Board

Sec. 483.076.  LEGAL REPRESENTATION OF BOARD.  (a)  If the board institutes a legal proceeding under this chapter, the board may be represented only by a county attorney, a district attorney, or the attorney general.
(b)  The board may not employ private counsel in any legal proceeding instituted by or against the board under this chapter.
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 C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter E. Opioid Antagonists › Section 483.101. Definitions

Sec. 483.101.  DEFINITIONS.  In this subchapter:
(1)  "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.
(2)  "Opioid antagonist" means any drug that binds to opioid receptors and blocks or otherwise inhibits the effects of opioids acting on those receptors.
(3)  "Opioid-related drug overdose" means a condition, evidenced by symptoms such as extreme physical illness, decreased level of consciousness, constriction of the pupils, respiratory depression, or coma, that a layperson would reasonably believe to be the result of the consumption or use of an opioid.
(4)  "Prescriber" means a person authorized by law to prescribe an opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter E. Opioid Antagonists › Section 483.102. Prescription of Opioid Antagonist; Standing Order

Sec. 483.102.  PRESCRIPTION OF OPIOID ANTAGONIST; STANDING ORDER.  (a)  A prescriber may, directly or by standing order, prescribe an opioid antagonist to:
(1)  a person at risk of experiencing an opioid-related drug overdose; or
(2)  a family member, friend, or other person in a position to assist a person described by Subdivision (1).
(b)  A prescription issued under this section is considered as issued for a legitimate medical purpose in the usual course of professional practice.
(c)  A prescriber who, acting in good faith with reasonable care, prescribes or does not prescribe an opioid antagonist is not subject to any criminal or civil liability or any professional disciplinary action for:
(1)  prescribing or failing to prescribe the opioid antagonist; or
(2)  if the prescriber chooses to prescribe an opioid antagonist, any outcome resulting from the eventual administration of the opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter E. Opioid Antagonists › Section 483.103. Dispensing of Opioid Antagonist

Sec. 483.103.  DISPENSING OF OPIOID ANTAGONIST.  (a)  A pharmacist may dispense an opioid antagonist under a valid prescription to:
(1)  a person at risk of experiencing an opioid-related drug overdose; or
(2)  a family member, friend, or other person in a position to assist a person described by Subdivision (1).
(b)  A prescription filled under this section is considered as filled for a legitimate medical purpose in the usual course of professional practice.
(c)  A pharmacist who, acting in good faith and with reasonable care, dispenses or does not dispense an opioid antagonist under a valid prescription is not subject to any criminal or civil liability or any professional disciplinary action for:
(1)  dispensing or failing to dispense the opioid antagonist; or
(2)  if the pharmacist chooses to dispense an opioid antagonist, any outcome resulting from the eventual administration of the opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter E. Opioid Antagonists › Section 483.104. Distribution of Opioid Antagonist; Standing Order

Sec. 483.104.  DISTRIBUTION OF OPIOID ANTAGONIST; STANDING ORDER.  A person or organization acting under a standing order issued by a prescriber may store an opioid antagonist and may distribute an opioid antagonist, provided the person or organization does not request or receive compensation for storage or distribution.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter E. Opioid Antagonists › Section 483.105. Possession of Opioid Antagonist

Sec. 483.105.  POSSESSION OF OPIOID ANTAGONIST.  Any person may possess an opioid antagonist, regardless of whether the person holds a prescription for the opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter E. Opioid Antagonists › Section 483.106. Administration of Opioid Antagonist

Sec. 483.106.  ADMINISTRATION OF OPIOID ANTAGONIST.  (a)  A person who, acting in good faith and with reasonable care, administers or does not administer an opioid antagonist to another person whom the person believes is suffering an opioid-related drug overdose is not subject to criminal prosecution, sanction under any professional licensing statute, or civil liability, for an act or omission resulting from the administration of or failure to administer the opioid antagonist.
(b)  Emergency services personnel are authorized to administer an opioid antagonist to a person who appears to be suffering an opioid-related drug overdose, as clinically indicated.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 483 - Dangerous Drugs › Subchapter E. Opioid Antagonists › Section 483.107. Conflict of Law

Sec. 483.107.  CONFLICT OF LAW.  To the extent of a conflict between this subchapter and another law, this subchapter controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 484 - Abusable Synthetic Substances › Section 484.001. Definitions

Sec. 484.001.  DEFINITIONS.  In this chapter:
(1)  "Abusable synthetic substance" means a substance that:
(A)  is not otherwise regulated under this title or under federal law;
(B)  is intended to mimic a controlled substance or controlled substance analogue; and
(C)  when inhaled, ingested, or otherwise introduced into a person's body:
(i)  produces an effect on the central nervous system similar to the effect produced by a controlled substance or controlled substance analogue;
(ii)  creates a condition of intoxication, hallucination, or elation similar to a condition produced by a controlled substance or controlled substance analogue; or
(iii)  changes, distorts, or disturbs the person's eyesight, thinking process, balance, or coordination in a manner similar to a controlled substance or controlled substance analogue.
(2)  "Business" includes trade and commerce and advertising, selling, and buying service or property.
(3)  "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by law or set by established commercial usage.
(4)  "Sell" and "sale" include offer for sale, advertise for sale, expose for sale, keep for the purpose of sale, deliver for or after sale, solicit and offer to buy, and every disposition for value.
Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 484 - Abusable Synthetic Substances › Section 484.002. Prohibited Acts

Sec. 484.002.  PROHIBITED ACTS.  (a)  A person commits an offense if in the course of business the person knowingly produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance.
(b)  An offense under this section is a Class C misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted of an offense under this section or of an offense under Section 32.42(b)(4), Penal Code, and the adulterated or mislabeled commodity was an abusable synthetic substance.
(c)  If conduct constituting an offense under this section also constitutes an offense under another provision of law, the person may be prosecuted under either this section or the other provision.
Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 484 - Abusable Synthetic Substances › Section 484.003. Civil Penalty

Sec. 484.003.  CIVIL PENALTY.  (a)  The attorney general or a district, county, or city attorney may institute an action in district court to collect a civil penalty from a person who in the course of business produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance.
(b)  The civil penalty may not exceed $25,000 a day for each offense.  Each day an offense is committed constitutes a separate violation for purposes of the penalty assessment.
(c)  The court shall consider the following in determining the amount of the penalty:
(1)  the person's history of any previous offenses under Section 484.002 or under Section 32.42(b)(4), Penal Code, relating to the sale of a mislabeled abusable synthetic substance;
(2)  the seriousness of the offense;
(3)  any hazard posed to the public health and safety by the offense; and
(4)  demonstrations of good faith by the person charged.
(d)  Venue for a suit brought under this section is in the city or county in which the offense occurred or in Travis County.
(e)  A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.
Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 484 - Abusable Synthetic Substances › Section 484.004. Affirmative Defense

Sec. 484.004.  AFFIRMATIVE DEFENSE.  It is an affirmative defense to prosecution or liability under this chapter that:
(1)  the abusable synthetic substance was approved for use, sale, or distribution by the United States Food and Drug Administration or other state or federal regulatory agency with authority to approve the substance's use, sale, or distribution; and
(2)  the abusable synthetic substance was lawfully produced, distributed, sold, or offered for sale by the person who is the subject of the criminal or civil action.
Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 484 - Abusable Synthetic Substances › Section 484.005. No Defense

Sec. 484.005.  NO DEFENSE.  In a prosecution or civil action under this chapter, the fact that the abusable synthetic substance was in packaging labeled with "Not for Human Consumption," or other wording indicating the substance is not intended to be ingested, is not a defense.
Added by Acts 2015, 84th Leg., R.S., Ch. 187 (S.B. 461), Sec. 1, eff. September 1, 2015.
2023 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 485.011. Permit Required

Sec. 485.011.  PERMIT REQUIRED.  A person may not sell an abusable volatile chemical at retail unless the person or the person's employer holds, at the time of the sale, a volatile chemical sales permit for the location of the sale.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 485.012 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
2023 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 485.012. Issuance and Renewal of Permit

Sec. 485.012.  ISSUANCE AND RENEWAL OF PERMIT.  (a)  To be eligible for the issuance or renewal of a volatile chemical sales permit, a person must:
(1)  hold a sales tax permit that has been issued to the person;
(2)  complete and return to the department an application as required by the department;  and
(3)  pay to the department the application fee established under Section 485.013 for each location at which an abusable volatile chemical may be sold by the person holding a volatile chemical sales permit.
(b)  The executive commissioner shall adopt rules as necessary to administer this chapter, including application procedures and procedures by which the department shall give each permit holder reasonable notice of permit expiration and renewal requirements.
(c)  The department shall issue or deny a permit and notify the applicant of the department's action not later than the 60th day after the date on which the department receives the complete application and appropriate fee.  If the department denies an application, the department shall include in the notice the reasons for the denial.
(d)  A permit issued or renewed under this chapter is valid for two years from the date of issuance or renewal.
(e)  A permit is not valid if the permit holder has been convicted more than once in the preceding year of an offense committed:
(1)  at a location for which the permit is issued;  and
(2)  under Section 485.031, 485.032, or 485.033.
(f)  A permit issued by the department is the property of the department and must be surrendered on demand by the department.
(g)  The department shall prepare an annual roster of permit holders.
(h)  The department shall monitor and enforce compliance with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 203, eff. Sept. 1, 1991.  Renumbered from Health & Safety Code Sec. 485.013 and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1243, eff. April 2, 2015.
2023 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 485.013. Fee

Sec. 485.013.  FEE.  The executive commissioner by rule may establish fees in amounts as prescribed by Section 12.0111.
Added by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1244, eff. April 2, 2015.
2023 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 485.014. Permit Available for Inspection

Sec. 485.014.  PERMIT AVAILABLE FOR INSPECTION.  A permit holder must have the volatile chemical sales permit or a copy of the permit available for inspection by the public at each location where the permit holder sells an abusable volatile chemical.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
2023 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 485.015. Refusal to Issue or Renew Permit

Sec. 485.015.  REFUSAL TO ISSUE OR RENEW PERMIT.  A proceeding for the failure to issue or renew a volatile chemical sales permit under Section 485.012 or for an appeal from that proceeding is governed by the contested case provisions of Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
2023 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 485.016. Disposition of Funds; Education and Prevention Programs

Sec. 485.016.  DISPOSITION OF FUNDS;  EDUCATION AND PREVENTION PROGRAMS.  (a)  The department shall account for all amounts received under Section 485.013 and send those amounts to the comptroller.
(b)  The comptroller shall deposit the amounts received under Subsection (a) in the state treasury to the credit of the general revenue fund to be used only by the department to:
(1)  administer, monitor, and enforce this chapter;  and
(2)  finance statewide education projects concerning the hazards of abusable volatile chemicals and the prevention of inhalant abuse.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 204, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
2023 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 485.017. Signs

Sec. 485.017.  SIGNS.  A business establishment that sells an abusable volatile chemical at retail shall display a conspicuous sign, in English and Spanish, that states the following:
It is unlawful for a person to sell or deliver an abusable volatile chemical to a person under 18 years of age.  Except in limited situations, such an offense is a state jail felony.
It is also unlawful for a person to abuse a volatile chemical by inhaling, ingesting, applying, using, or possessing with intent to inhale, ingest, apply, or use a volatile chemical in a manner designed to affect the central nervous system.  Such an offense is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
2023 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 485.018. Prohibited Ordinance and Rule

Sec. 485.018.  PROHIBITED ORDINANCE AND RULE.  (a)  A political subdivision or an agency of this state may not enact an ordinance or rule that requires a business establishment to display an abusable volatile chemical, other than aerosol paint, in a manner that makes the chemical accessible to patrons of the business only with the assistance of personnel of the business.
(b)  This section does not apply to an ordinance or rule that was enacted before September 1, 1989.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 205, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 28, eff. September 1, 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.