CHAPTER 484.  VOLATILE CHEMICALS

Sec. 484.001.  Definitions.

         In this chapter:

                       (1) "Deliver" means to actually transfer from one person to
         another.

                       (2) "Delivery" means the act of delivering.

                       (3) "Inhalant paraphernalia" means equipment, products, or
         materials of any kind that are used or intended for use in
         inhaling, ingesting, or otherwise introducing into the human
         body a substance containing a volatile chemical, and the term
         includes:

                      (A) a can, tube, or other container that was used as the
         original receptacle for a volatile chemical by the
         manufacturer or packager of the substance; or

                      (B) a can, tube, balloon, bag, fabric, bottle, or other
         container used to contain, concentrate, or hold in
         suspension a substance containing a volatile chemical.

                       (4) "Person" means an individual, corporation, or
         association.

                       (5) "Sell" means to offer for sale, convey, exchange,
         barter, or trade to a consumer or user.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 484.002.  Volatile Chemicals.

         In this chapter, the following chemicals or their isomers are
volatile chemicals:

                       (1) toluene; 

                       (2) hexane; 

                       (3) trichloroethylene; 

                       (4) acetone; 

                       (5) ethyl acetate; 

                       (6) methyl ethyl ketone; 

                       (7) trichloroethane; 

                       (8) carbon tetrachloride; 

                       (9) methanol; 

                       (10) methyl isobutyl ketone; 

                       (11) methyl cellosolve acetate; 

                       (12) cyclohexanone; 

                       (13) amyl nitrite; 

                       (14) butyl nitrite; 

                       (15) chloroform; 

                       (16) diethyl ether; 

                       (17) petroleum distillate; 

                       (18) aliphatic hydrocarbons; 

                       (19) chlorinated hydrocarbons; 

                       (20) ketone solvent; 

                       (21) glycol ether solvent; 

                       (22) glycol ether inter solvent; 

                       (23) xylol or xylene; and

                       (24) chlorofluorocarbons.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 484.003.  Possession and Use; Criminal Penalty.

         (a) A person commits an offense if the person inhales, ingests,
applies, uses, or possesses a substance containing a volatile
chemical with the intent to inhale, ingest, apply, or use the
substance in a manner:

                       (1) contrary to directions for use, cautions, or warnings
         appearing on a label of a container of the substance; and

                       (2) designed to:

                      (A) affect the person's central nervous system; 

                      (B) create or induce a condition of intoxication,
         hallucination, or elation; or

                      (C) change, distort, or disturb the person's eyesight,
         thinking process, balance, or coordination.

         (b) An offense under this section is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 484.004.  Inhalant Paraphernalia; Criminal Penalty.

         (a) A person commits an offense if the person knowingly or
intentionally uses or possesses with intent to use inhalant
paraphernalia to inhale, ingest, apply, use, or otherwise
introduce into the human body a substance containing a volatile
chemical in violation of Section 484.003.

         (b) A person commits an offense if the person:

                       (1) knowingly or intentionally:

                      (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
         substance containing a volatile chemical in violation of
         Section 484.003.

         (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. 202, eff. Sept. 1,
1991.

Sec. 484.005.  Delivery to a Minor; Criminal Penalty.

         (a) A person commits an offense if:

                       (1) the person intentionally, knowingly, or recklessly sells
         or delivers a substance containing a volatile chemical to a
         person younger than 18 years of age; and

                       (2) the substance is subject to special labeling
         requirements concerning precautions against inhalation
         established under the Federal Hazardous Substances Act (15
         U.S.C. Section 1261 et seq.) as that law existed on January 1,
         1985, and the federal regulations adopted under that Act (16
         C.F.R. 1500.14) and in effect on that date.

         (b) It is an affirmative defense to prosecution under this
section that the person to whom the substance was sold or
delivered exhibited to the defendant an apparently valid Texas
driver's license or an identification card issued by the
Department of Public Safety, containing a physical description
consistent with the person's appearance, that purported to
establish that the person was 17 years of age or older.

         (c) It is a defense to prosecution under this section that the
person delivering the substance containing the volatile chemical
was:

                       (1) a physician, dentist, veterinarian, scientific
         investigator, or other person licensed, registered, or
         otherwise permitted to distribute, dispense, analyze,
         administer, or conduct research with respect to a volatile
         chemical in the course of professional practice or research,
         and the sale or delivery was within the limits of that person's
         official authority; or

                       (2) a pharmacy, hospital, or other institution licensed,
         registered, or otherwise permitted to distribute, dispense,
         administer, or conduct research with respect to a volatile
         chemical in the course of professional practice or research,
         and the sale or delivery was within the limits of that
         institution's official authority.

         (d) It is an exception to the application of Subsection (a)
that the substance sold or delivered was gasoline, aerosol paint,
glue, or adhesive cement.

         (e) An offense under this section is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 484.006.  Proof of Offer to Sell or Deliver.

         Proof of an offer to sell or deliver a substance containing a
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.

Sec. 484.007.  Summary Forfeiture.

         A 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. 4, eff. Sept. 1,
1991.

Sec. 484.008.  Preparatory Offenses.

         Title 4, Penal Code, applies to an offense under this chapter.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 42, eff. Sept. 1,
1995