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
(c) change, distort, or disturb the person's eyesight, thinking
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
(c) a beverage subject to the Federal Alcohol Administration Act
(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.
(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 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.
(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. 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
(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.
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.
(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 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
(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 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. 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.
(c) The interest shall be paid for the period beginning on the
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.