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


Current law prohibits 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. Although current law
authorizes the Texas Department of Health (TDH) to provide permits to
retailers that sell abusable glues and aerosol paints and to inspect those
retailers for compliance with relevant law, TDH is not provided the same
powers related to retailers that sell other abusable chemicals.  The
separate standards can create complications for retailers and regulators
alike.  House Bill 2950 repeals existing law pertaining to volatile
chemicals, expands current law related to abusable glues and aerosol paints
to include abusable volatile chemicals, and establishes the inhalant abuse
prevention account.  


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 1
(Sections 485.011, 485.013, and 485.014, 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.485.013).  The bill
authorizes the board to establish, by rule, fees in amounts not to exceed
$50 for the issuance of a permit (Sec. 485.014). The bill requires the
comptroller to deposit the amounts received from the permit fees in the
state treasury to the credit of a separate account in the general revenue
fund to be known as the inhalant abuse prevention account.  The money in
the account may only be used by the Texas Department of Health for purposes
related to abusable volatile chemicals as specified in the bill (Sec.

The bill provides that it is a defense to prosecution related to the
delivery of an abusable volatile chemical to a person younger than 18 years
of age if the person making the delivery is not the manufacturer of the
chemical and the manufacturer failed to label the chemical in a manner that
provided notice that the chemical was vapor harmful (Sec. 485.033). 


September 1, 2001.