CHAPTER 485. ABUSABLE VOLATILE CHEMICALS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-485-abusable-volatile-chemicals

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES

CHAPTER 485. ABUSABLE VOLATILE CHEMICALS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 485.001. DEFINITIONS. In this chapter:

(1) "Abusable volatile chemical " means:

(A) a chemical, including aerosol paint, that:

(i) is packaged in a container subject to the labeling

requirements concerning precautions against inhalation

established under the Federal Hazardous Substances Act (15 U.S.C.

Section 1261 et seq.), as amended, and regulations adopted under

that Act and is labeled with the statement of principal hazard on

the principal display panel "VAPOR HARMFUL" or other labeling

requirement subsequently established under that Act or those

regulations;

(ii) when inhaled, ingested, or otherwise introduced into a

person's body, may:

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

(b) create or induce in the person a condition of intoxication,

hallucination, or elation; or

process, balance, or coordination; and

(iii) is not:

(a) a pesticide subject to Chapter 76, Agriculture Code, or to

the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C.

Section 136 et seq.), as amended;

(b) a food, drug, or cosmetic subject to Chapter 431 or to the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et

seq.), as amended; or

(27 U. S.C. Section 201 et seq.), as amended; or

(B) nitrous oxide that is not:

(i) a pesticide subject to Chapter 76, Agriculture Code, or to

the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C.

Section 136 et seq.), as amended;

(ii) a food, drug, or cosmetic subject to Chapter 431 or to the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et

seq.), as amended; or

(iii) a beverage subject to the Federal Alcohol Administration

Act (27 U.S.C. Section 201 et seq.), as amended.

(2) "Aerosol paint" means an aerosolized paint product,

including a clear or pigmented lacquer or finish.

(3) "Board" means the Texas Board of Health.

(4) "Commissioner" means the commissioner of health.

(5) "Deliver" means to make the actual or constructive transfer

from one person to another of an abusable volatile chemical,

regardless of whether there is an agency relationship. The term

includes an offer to sell an abusable volatile chemical.

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

(7) "Department" means the Texas Department of Health.

(8) "Inhalant paraphernalia" means equipment or materials of any

kind that are intended for use in inhaling, ingesting, or

otherwise introducing into the human body an abusable volatile

chemical. The term includes a tube, balloon, bag, fabric, bottle,

or other container used to concentrate or hold in suspension an

abusable volatile chemical or vapors of the chemical.

(9) "Sell" includes a conveyance, exchange, barter, or trade.

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

Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.002. RULES. The board may adopt rules necessary to

comply with any labeling requirements concerning precautions

against inhalation of an abusable volatile chemical established

under the Federal Hazardous Substances Act (15 U.S.C. Section

1261 et seq.), as amended, or under regulations adopted under

that Act.

Added by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

SUBCHAPTER B. SALES PERMITS AND SIGNS

Sec. 485.011. PERMIT REQUIRED. A person may not sell an

abusable volatile chemical at retail unless the person or the

person's employer holds, at the time of the sale, a volatile

chemical sales permit for the location of the sale.

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

Renumbered from Health & Safety Code Sec. 485.012 and amended

by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.012. ISSUANCE AND RENEWAL OF PERMIT. (a) To be

eligible for the issuance or renewal of a volatile chemical sales

permit, a person must:

(1) hold 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 the application fee established under

Section 485.013 for each location at which an abusable volatile

chemical may be sold by the person holding a volatile chemical

sales permit.

(b) The board shall adopt rules as necessary to administer this

chapter, including application procedures and procedures by which

the department shall give each permit holder reasonable notice of

permit expiration and renewal requirements.

applicant of the department's action not later than the 60th day

after the date on which the department receives the complete

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

committed:

(1) at a location for which the permit is issued; and

(2) under Section 485.031, 485.032, or 485.033.

(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. Renumbered from Health & Safety Code Sec. 485.013 and

amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.013. FEE. The board by rule may establish fees in

amounts not to exceed $25 for the issuance of a permit under this

chapter.

Added by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.014. PERMIT AVAILABLE FOR INSPECTION. A permit holder

must have the volatile chemical sales permit or a copy of the

permit available for inspection by the public at each location

where the permit holder sells an abusable volatile chemical.

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

Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.015. REFUSAL TO ISSUE OR RENEW PERMIT. A proceeding

for the failure to issue or renew a volatile chemical sales

permit under Section 485.012 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; Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept.

1, 2001.

Sec. 485.016. DISPOSITION OF FUNDS; EDUCATION AND PREVENTION

PROGRAMS. (a) The department shall account for all amounts

received under Section 485.013 and send those amounts to the

comptroller.

(b) The comptroller shall deposit the amounts received under

Subsection (a) in the state treasury to the credit of the general

revenue fund to be used only by the department to:

(1) administer, monitor, and enforce this chapter; and

(2) finance statewide education projects concerning the hazards

of abusable volatile chemicals and the prevention of inhalant

abuse.

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; Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.017. SIGNS. A business establishment that sells an

abusable volatile chemical 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 an abusable

volatile chemical to a person under 18 years of age. Except in

limited situations, such an offense is a state jail felony.

It is also unlawful for a person to abuse a volatile chemical by

inhaling, ingesting, applying, using, or possessing with intent

to inhale, ingest, apply, or use a volatile chemical 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.

Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.018. PROHIBITED ORDINANCE AND RULE. (a) A political

subdivision or an agency of this state may not enact an ordinance

or rule that requires a business establishment to display an

abusable volatile chemical, other than aerosol paint, in a manner

that makes the chemical 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. Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff.

Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1130, Sec. 28, eff. September 1, 2009.

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.

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. Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff.

Sept. 1, 2001.

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 volatile chemical with intent to inhale,

ingest, apply, or use the chemical in a manner:

(1) contrary to directions for use, cautions, or warnings

appearing on a label of a container of the chemical; and

(2) designed to:

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

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

or elation; or

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.

Amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.032. DELIVERY TO A MINOR. (a) A person commits an

offense if the person knowingly delivers an abusable volatile

chemical to a person who is younger than 18 years of age.

(b) It is a defense to prosecution under this section that:

(1) the abusable volatile chemical that was delivered contains

additive material that effectively discourages intentional abuse

by inhalation; or

(2) the person making the delivery is not the manufacturer of

the chemical and the manufacturer of the chemical failed to label

the chemical with the statement of principal hazard on the

principal display panel "VAPOR HARMFUL" or other labeling

requirement subsequently established under the Federal Hazardous

Substances Act (15 U.S.C. Section 1261 et seq.), as amended, or

regulations subsequently adopted under that Act.

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 volatile chemical

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 chemical from the person younger than

18 years of age on completion of that use; or

(2) the person to whom the abusable volatile chemical was

delivered presented to the defendant an apparently valid Texas

driver's license or an identification certificate, 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 held a

volatile chemical 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 hold a volatile chemical sales permit but did hold 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. Renumbered from Health & Safety Code Sec. 485.033

and amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept.

1, 2001.

Sec. 485.033. INHALANT PARAPHERNALIA. (a) A person commits an

offense if the person knowingly uses or possesses with intent to

use inhalant paraphernalia to inhale, ingest, or otherwise

introduce into the human body an abusable volatile chemical in

violation of Section 485.031.

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

(1) knowingly:

(A) delivers or sells inhalant paraphernalia;

(B) possesses, with intent to deliver or sell, inhalant

paraphernalia; or

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 volatile

chemical in violation of Section 485.031.

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. Renumbered from Health & Safety Code Sec. 485.034 and

amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.034. FAILURE TO POST SIGN. (a) A person commits an

offense if the person sells an abusable volatile chemical in a

business establishment and the person does not display the sign

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.

Renumbered from Health & Safety Code Sec. 485.035 and amended

by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.035. SALE WITHOUT PERMIT. (a) A person commits an

offense if the person sells an abusable volatile chemical in

violation of Section 485.011 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.

Renumbered from Health & Safety Code Sec. 485.036 and amended

by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.036. PROOF OF OFFER TO SELL. Proof of an offer to sell

an abusable 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.

Renumbered from Health & Safety Code Sec. 485.037 and amended

by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

Sec. 485.037. SUMMARY FORFEITURE. An abusable 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. 5, eff. Sept. 1,

1991. Renumbered from Health & Safety Code Sec. 485.038 and

amended by Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1,

2001.

Sec. 485.038. 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,

1995. Renumbered from Health & Safety Code Sec. 485.039 by

Acts 2001, 77th Leg., ch. 1463, Sec. 2, eff. Sept. 1, 2001.

SUBCHAPTER D. ADMINISTRATIVE PENALTY

Sec. 485.101. IMPOSITION OF PENALTY. (a) The department may

impose an administrative penalty on a person who sells abusable

glue or aerosol paint at retail who violates this chapter or a

rule or order adopted under this chapter.

(b) A penalty collected under this subchapter shall be deposited

in the state treasury in the general revenue fund.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.102. AMOUNT OF PENALTY. (a) The amount of the penalty

may not exceed $1,000 for each violation, and each day a

violation continues or occurs is a separate violation for

purposes of imposing a penalty. The total amount of the penalty

assessed for a violation continuing or occurring on separate days

under this subsection may not exceed $5,000.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the threat to health or safety caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) whether the violator demonstrated good faith, including when

applicable whether the violator made good faith efforts to

correct the violation; and

(6) any other matter that justice may require.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.103. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the department initially determines that a violation occurred,

the department shall give written notice of the report by

certified mail to the person.

(b) The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended penalty; and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.104. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 20 days after the date the person receives the notice sent

under Section 485.103, the person in writing may:

(1) accept the determination and recommended penalty of the

department; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty or if the person fails to respond to the notice, the

commissioner by order shall approve the determination and impose

the recommended penalty.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.105. HEARING. (a) If the person requests a hearing,

the commissioner shall refer the matter to the State Office of

Administrative Hearings, which shall promptly set a hearing date

and give written notice of the time and place of the hearing to

the person. An administrative law judge of the State Office of

Administrative Hearings shall conduct the hearing.

(b) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the commissioner a

proposal for a decision about the occurrence of the violation and

the amount of a proposed penalty.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.106. DECISION BY COMMISSIONER. (a) Based on the

findings of fact, conclusions of law, and proposal for a

decision, the commissioner by order may:

(1) find that a violation occurred and impose a penalty; or

(2) find that a violation did not occur.

(b) The notice of the commissioner's order under Subsection (a)

that is sent to the person in accordance with Chapter 2001,

Government Code, must include a statement of the right of the

person to judicial review of the order.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.107. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. Within

30 days after the date the order of the commissioner under

Section 485.106 that imposes an administrative penalty becomes

final, the person shall:

(1) pay the penalty; or

(2) file a petition for judicial review of the commissioner's

order contesting the occurrence of the violation, the amount of

the penalty, or both.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.108. STAY OF ENFORCEMENT OF PENALTY. (a) Within the

30-day period prescribed by Section 485.107, a person who files a

petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the

commissioner's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) sending a copy of the affidavit to the commissioner by

certified mail.

(b) If the commissioner receives a copy of an affidavit under

Subsection (a)(2), the commissioner may file with the court,

within five days after the date the copy is received, a contest

to the affidavit. The court shall hold a hearing on the facts

alleged in the affidavit as soon as practicable and shall stay

the enforcement of the penalty on finding that the alleged facts

are true. The person who files an affidavit has the burden of

proving that the person is financially unable to pay the penalty

or to give a supersedeas bond.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.109. COLLECTION OF PENALTY. (a) If the person does

not pay the penalty and the enforcement of the penalty is not

stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.110. DECISION BY COURT. (a) If the court sustains the

finding that a violation occurred, the court may uphold or reduce

the amount of the penalty and order the person to pay the full or

reduced amount of the penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.111. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the penalty and if the amount of the penalty is

reduced or the penalty is not upheld by the court, the court

shall order, when the court's judgment becomes final, that the

appropriate amount plus accrued interest be remitted to the

person within 30 days after the date that the judgment of the

court becomes final.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

date the penalty is paid and ending on the date the penalty is

remitted.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.112. RELEASE OF BOND. (a) If the person gave a

supersedeas bond and the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, the

release of the bond.

(b) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

Sec. 485.113. ADMINISTRATIVE PROCEDURE. A proceeding to impose

the penalty is considered to be a contested case under Chapter

2001, Government Code.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 6.01, eff. Sept. 1,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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