| (a) The department may impose an administrative penalty on
a person who sells abusable volatile chemicals at retail and who commits a
prohibited act under this section; no finding of knowledge is required to
impose an administrative penalty, except as noted in subsection (e) of this
section.
(b) A person commits a prohibited act under this section if
the person sells or delivers an abusable volatile chemical to a person who
is younger than 18 years of age.
(c) It is a defense to the violation listed in subsection (b)
of this section if:
(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. §1261 et seq.), as amended,
or regulations subsequently adopted under that Act.
(d) It is an affirmative defense to the violation listed in
subsection (b) of this section if:
(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 sold
or delivered presented to the seller at retail 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.
(e) A person commits a prohibited act under this section if
the person delivers or sells inhalant paraphernalia and at the time of the
act knows or should have known 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.
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