Health and Safety Code
CHAPTER 485. ABUSABLE GLUES AND AEROSOL PAINTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 485.001. Definitions.
In this chapter:
(1) "Abusable glue or aerosol paint" means glue or aerosol
paint that is:
(A) packaged in a container holding a pint or less by
volume or less than two pounds by weight; and
(B) labeled in accordance with the labeling requirements
concerning precautions against inhalation established under
the Federal Hazardous Substances Act (15 U.S.C. Section 1261
et seq.), and under regulations adopted under that Act.
(2) "Aerosol paint" means an aerosolized paint product,
including a clear or pigmented lacquer or finish.
(3) "Commissioner" means the commissioner of health.
(4) "Deliver" means to make the actual or constructive
transfer from one person to another of an abusable glue or
aerosol paint, regardless of whether there is an agency
relationship. The term includes an offering to sell an
abusable glue or aerosol paint.
(5) "Delivery" means the act of delivering.
(6) "Department" means the Texas Department of Health.
(7) "Glue" means an adhesive substance intended to be used
to join two surfaces.
(8) "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 an abusable glue or aerosol paint in violation of Section
485.031. The term includes:
(A) a can, tube, or other container used as the original
receptacle for an abusable glue or aerosol paint; or
(B) a can, tube, balloon, bag, fabric, bottle, or other
container used to contain, concentrate, or hold in
suspension an abusable glue or aerosol paint, or vapors of
the glue or paint.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. ADDITIVES, SALES PERMITS, AND SIGNS
Sec. 485.011. Additives.
(a) The commissioner by rule shall:
(1) approve and designate additive materials to be included in
abusable glue or aerosol paint; and
(2) prescribe the proportions of additive materials to be placed
in abusable glue or aerosol paint.
(b) The rules must be designed to safely and effectively
discourage intentional abuse by inhalation of abusable glue or
aerosol paint at the lowest practicable cost to the manufacturers
and distributors of the glue or paint.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 485.012. Permit Required.
A person may not sell abusable glue or aerosol paint at retail
unless the person or the person's employer has, at the time of
the sale, a glue and paint sales permit for the location of the
sale.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 485.013. Issuance and Renewal of Permit.
(a) To be eligible for the issuance or renewal of a glue and
paint sales permit, a person must:
(1) have 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 a $25 application fee for each
location at which abusable glue and aerosol paint may be sold
by the person on obtaining a glue and paint sales permit.
(b) The department shall adopt rules as necessary to administer
this chapter, including application procedures and procedures by
which the department shall give each permittee 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 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
one year 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 that
is committed:
(1) at the location for which the permit is issued; and
(2) under Section 484.005(a), 485.031, 485.032, 485.033, or
485.034.
(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.
Sec. 485.014. Permit Available for Inspection.
A permit holder must have the glue and paint sales permit or a
copy of the permit available for inspection by the public at the
place where the permit holder sells abusable glue and aerosol
paint.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 485.015. Refusal to Issue or Renew Permit.
A proceeding for the failure to issue or renew a glue and paint
sales permit under Section 485.013 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.
Sec. 485.016. Disposition of Funds; Education and Prevention Programs.
(a) The department shall receive and account for all funds
received under Section 485.013 and send the funds as they are
received to the comptroller.
(b) The comptroller shall deposit those funds to the credit of
the general revenue fund to be used to:
(1) administer, monitor, and enforce this chapter; and
(2) finance education projects concerning the hazards of
abusable glue or aerosol paint and the prevention of inhalant
abuse.
(c) The department shall enter into a memorandum of
understanding with the Texas Commission on Alcohol and Drug Abuse
to implement the education and prevention programs.
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.
Sec. 485.017. Signs.
A business establishment that sells abusable glue or aerosol
paint 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 abusable glue
or aerosol paint to a person under 18 years of age. Except
in limited situations, such an offense is a 3rd degree
felony.
It is also unlawful for a person to abuse glue or aerosol
paint by inhaling, ingesting, applying, using, or possessing
with intent to inhale, ingest, apply, or use glue or aerosol
paint 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.
Sec. 485.018. Prohibited Ordinance and Rule.
(a) A political subdivision or an agency of the state may not
enact an ordinance or rule that requires a business establishment
to display abusable glue or aerosol paint in a manner that makes
the glue or paint 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.
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.
SUBCHAPTER C. CRIMINAL PENALTIES
Sec. 485.031. Possession and Use.
(a) A person commits an offense if the person inhales, ingests,
applies, uses, or possesses an abusable glue or aerosol paint
with intent to inhale, ingest, apply, or use abusable glue or
aerosol paint in a manner:
(1) contrary to directions for use, cautions, or warnings
appearing on a label of a container of the glue or paint; 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. 485.032. Manufacture and Delivery.
(a) A person commits an offense if the person intentionally
manufactures, delivers, or possesses with intent to manufacture
or deliver abusable glue or aerosol paint that does not contain
additive material in accordance with rules adopted by the
commissioner.
(b) It is an affirmative defense to prosecution under this
section that the abusable glue or aerosol paint is packaged in
bulk quantity containers, each of which holds at least two
gallons, and is intended for ultimate use only by industrial or
commercial enterprises.
(c) An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 485.033. Delivery to a Minor.
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly delivers abusable glue or aerosol paint
to a person who is younger than 18 years of age.
(b) It is a defense to prosecution under this section that the
abusable glue or aerosol paint that was delivered contains
additive material that effectively discourages intentional abuse
by inhalation or is in compliance with rules adopted by the
commissioner under Section 485.011.
(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 glue or
aerosol paint 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 substance from the person
younger than 18 years of age on completion of that use; or
(2) the person to whom the abusable glue or aerosol paint
was delivered presented to the defendant an apparently valid
Texas driver's license or an identification card, 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 had a glue and
paint 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 have a glue and paint sales permit but did have
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.
Sec. 485.034. Inhalant Paraphernalia.
(a) A person commits an offense if the person intentionally or
knowingly uses or possesses with intent to use inhalant
paraphernalia to inhale, ingest, or otherwise introduce into the
human body an abusable glue or aerosol paint in violation of
Section 485.031.
(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 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.
Sec. 485.035. Failure to Post Sign.
(a) A person commits an offense if the person sells abusable
glue or aerosol paint in a business establishment and the person
does not display a sign as 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.
Sec. 485.036. Sale Without Permit.
(a) A person commits an offense if the person sells abusable
glue or aerosol paint in violation of Section 485.012 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.
Sec. 485.037. Proof of Offer to Sell.
Proof of an offer to sell an abusable glue or aerosol paint
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. 485.038. Summary Forfeiture.
An abusable glue, aerosol paint, 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.
Sec. 485.039. 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,
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