Office of House Bill AnalysisH.B. 2950
By: Chavez
Public Health


Prior to the 77th legislative session, state law contained separate
standards governing the sale of abusable glues and aerosol paints and other
abusable products that contain specific percentages of volatile chemicals
such as tolune, xylene, methyl alcohol, and benzene that are found in
gasoline fuel additives, carburetor and fuel injector cleaners, aerosol
solvents, thinners, dyes, and acids.  The separate standards may have
created complications for retailers and regulators alike.  House Bill 2950
repeals law pertaining to volatile chemicals and expands law related to
abusable glues and aerosol paints to include abusable volatile chemicals.  


It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 2
(Sections 485.002, 485.012, and 485.013, Health and Safety Code) of this


House Bill 2950 amends the Health and Safety Code to repeal current law
related to volatile chemicals and to expand law pertaining to abusable
glues and paints to include abusable volatile chemicals. 

The bill requires the Texas Board of Health (board) to adopt rules to
administer the provisions of the bill, including the issuance and renewal
of a permit to sell abusable volatile chemicals (Sec. 485.012).  The bill
authorizes the board to adopt rules necessary to comply with any
requirements or regulations concerning precautions against inhalation of an
abusable volatile chemical established under the Federal Hazardous
Substances Act (Sec. 485.002).  The bill authorizes the board to establish
by rule fees in amounts not to exceed $25 for the issuance of a permit
(Sec. 485.013). The bill requires the comptroller to deposit the amounts
received from the permit fees in the state treasury to the credit of the
general revenue fund.  The money in the account may only be used by the
Texas Department of Health (TDH) for purposes related to abusable volatile
chemicals as specified in the bill.  The bill deletes the requirement that
TDH enter into a memorandum of understanding with the Texas Commission on
Alcohol and Drug Abuse to implement education and prevention programs (Sec.

The bill deletes the requirement that the commissioner of health by rule
approve and designate and prescribe the proportions of additive materials
to be included in abusable glue or aerosol paint (Sec. 485.011).  The bill
deletes the provision that it is a Class A misdemeanor if a person
intentionally manufactures, delivers, or possesses with the intent to
manufacture or deliver abusable glue or aerosol paint that does not contain
the required additive material.  The bill provides that a person commits an
offense if the person knowingly, rather than intentionally, knowingly, or
recklessly, delivers an abusable volatile chemical to a person younger than
18 years of age and that it is a defense to prosecution if the person
making the delivery is not the manufacturer of the chemical and the
manufacturer failed to label the chemical as required by law (Sec.
485.032).  The bill provides that selling or delivering an abusable
volatile chemical is a state jail felony, rather than a third degree felony
(Sec. 485.017).   


September 1, 2001.