Health & Safety Code · §485.034

Failure to Post Volatile Chemical Sign

Failure to Post Volatile Chemical Sign (§485.034): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Retail sale of abusable volatile chemical without the §485.017 sign
  • Delivery to a person younger than 18: generally state jail felony (§485.032(d))

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Worked examples

Worked example 1

A store sells abusable volatile chemicals at retail but does not display the sign required by HSC §485.017. Under §485.034, the offense is:

  1. Class B misdemeanor
  2. Class C misdemeanor Correct
  3. State jail felony
  4. Not an offense — the sign is only recommended
Why: §485.034: a person commits an offense if the person sells an abusable volatile chemical in a business establishment that does not display the sign required by §485.017; it is a Class C misdemeanor. The §485.017 sign, in English and Spanish, warns that selling or delivering an abusable volatile chemical to a person under 18 is unlawful. Under §485.032, knowingly delivering one to a person younger than 18 is a state jail felony, or a Class B or Class A misdemeanor depending on the seller's permits (§485.032(d)–(f)).
Statute: Tex. Health & Safety Code §485.034; §485.017; §485.032