Current through Reg. 49, No. 38; September 20, 2024
(a) A person may not sell an abusable
volatile chemical at retail unless the person or the person's employer has, at
the time of the sale, a valid volatile chemical sales permit for the location
of the sale. A separate permit is required for each location at which an
abusable volatile chemical is sold.
(1) Prior
to January 1, 2005, the term of all permits is one year and expires on the
anniversary of the effective date, unless renewed. Effective January 1, 2005,
the term of all licenses is two years. Some licenses will be renewed for a
one-year term in 2005, in a manner to be determined by the department and two
years thereafter; and
(2) Texas
Online Fees. The department is authorized to collect subscription and
convenience fees, in amounts determined by the Texas Online Authority, to
recover costs associated with processing permit applications specified under
this subchapter through Texas Online, in accordance with the Texas Government
Code, Chapter 2054, §2054.111 (relating to Use of Texas Online
Project).
(b) To be
eligible for the issuance or renewal of a volatile chemical sales permit, an
applicant or permit holder must:
(1) hold a
valid sales tax permit that has been issued to the applicant;
(2) complete and return an application form
as required by the department under §
205.56 of this
title (relating to Permit Application), signing and dating the form attesting
to the accuracy of all information contained therein;
(3) pay to the department an application or a
renewal fee for each location at which an abusable volatile chemical may be
sold by the applicant as required by the department under §
205.57 of
this title (relating to Permit Fee).
(c) A permit is not valid if the permit
holder has been convicted more than once in the preceding year of any offense
that is committed:
(1) at the location for
which the permit is issued; and
(2)
under the Health and Safety Code, Chapter 485, §§485.031 - 485.033
(relating to Criminal Acts).
(d) In addition to the requirements in
subsections (a) and (b) of this section, the following conditions shall be met
by permit holders:
(1) permit holder shall
not sell or deliver abusable volatile chemicals to a person under 18 years of
age;
(2) permit holder must have
the permit or a copy of the permit available for inspection at the location for
which the permit is issued following the requirements of §
205.59
of this title (relating to Permit Available for Inspection);
(3) permit holder shall post a volatile
chemical warning sign at the location for which the permit is issued following
the requirements of §
205.60
of this title (relating to Requirement to Post Warning Sign); and
(4) permit holder that displays aerosol paint
at the location for which the permit is issued or renewed shall restrict access
to the aerosol paint following the requirements of §
205.61
of this title (relating to Restriction of Access to Aerosol Paint).
(e) A permit may not be
transferred to a new location or to a new owner.
