HBA-TBM, CCH C.S.H.B. 2950 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2950
By: Chavez
Public Health
4/26/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

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.  C.S.H.B. 2950 repeals existing law pertaining to volatile chemicals
and expands current law related to abusable glues and aerosol paints to
include abusable volatile chemicals.  

RULEMAKING AUTHORITY

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
bill. 

ANALYSIS

C.S.H.B. 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 $50 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.
485.016). 

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).   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2950 differs from the original by amending the proposed
modifications to the definitions of an "abusable volatile chemical" and
"inhalant paraphernalia" in the Health and Safety Code (Sec. 485.001). The
substitute authorizes the Texas Board of Health (board) to adopt rules
necessary to comply with any federal labeling requirements concerning
precautions against inhalation of an abusable volatile chemical (Sec.
485.002).  The substitute deletes provisions in current law relating to
additives (Secs. 485.001 and 485.032, Health and Safety Code, and Sec.
565.001, Occupations Code).  The substitute requires all amounts received
by the Texas Department of Health from permit fees to be deposited by the
comptroller of public accounts to the credit of the general revenue fund
rather than to a separate account in the general revenue fund known as the
inhalant abuse prevention account (Sec. 485.016).  The substitute provides
that a person commits an offense if the person knowingly rather than
recklessly delivers an abusable volatile chemical to a minor (Sec.
485.032).