BILL ANALYSIS C.S.H.B. 2115 By: Lewis, Glenn 04-19-95 Committee Report (Substituted) BACKGROUND Municipalities across the state are experiencing a considerable problem with graffiti. As a result of citizen concern, the Fort Worth City Council directed the City Manager to create a Task Force on Graffiti comprised of citizens and municipality staff to examine the issue and to develop a workable program to address graffiti in Fort Worth and Tarrant County. As part of its overall recommendations to reduce the incidence of graffiti in Fort Worth, this task force advocated several legislative initiatives that have been endorsed by the Fort Worth City Council. The legislative initiatives are aimed at reducing the ability of minors to obtain and possess aerosol paint and thereby reduce the incidence of graffiti. PURPOSE If enacted, C.S.H.B. 2115 would allow cities to pass an ordinance requiring businesses to display aerosol paint in such a manner that makes these items accessible to patrons only with assistance of the business personnel. In addition, the legislation would make the possession of aerosol paint by a person under 18 a misdemeanor offense punishable by a fine of up to $500 and would make business that violate new rules liable for civil penalties. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 485, Health and Safety Code, by adding Section 485.0331 as follows: Sec. 485.0331. POSSESSION OF AEROSOL PAINT BY A MINOR. (a) creates an offense for individuals younger than 18 found to be knowingly or intentionally in possession of aerosol paint. (b) creates an affirmative defense to prosection if the person in possession is found to be under the direct supervision of an adult. (c) classifies an offense under this section as a Class C misdemeanor. SECTION 2. Amends Subchapter B, Chapter 485, Health and Safety Code, by adding Section 485.019 as follows: Sec. 485.019. RESTRICTION OF ACCESS TO AEROSOL PAINTS. (a) requires a business establishment that displays aerosol paints to display the paints: (1) in the cashier's sight line or in the sight line from a work station normally occupied during business hours; (2) in a manner that makes the paint inaccessible to customers without an employee's assistance; or (3) in an area electronically protected or viewed by surveillance equipment that is monitored during business hours. (b) makes a business that violates this section liable to the state for a civil penalty of $100 for the first violation and $200 for each subsequent violation. (c) allows the court to issue an injunction, for the third violation in a calendar year, prohibiting the business from selling aerosol paints for a maximum of two years; makes a business that violates the injunction liable for a civil penalty of $100 for each day the violation continues. (d) allows a court to issue an injunction prohibiting the business from selling aerosol paints until the business pays required penalty, attorney's fees, and court costs. (e) allows the attorney general or the county or district attorney to file suit to collect the penalty or request an injunction. (f) requires a penalty collected under this section to be deposited in the state treasury to the credit of the general revenue fund. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. COMPARISON OF SUBSTITUTE TO ORIGINAL SECTION 2 of the substitute amends Subchapter B, Chapter 485, Health and Safety Code, by adding Section 485.019, RESTRICTION OF ACCESS TO AEROSOL PAINTS. This section delineates where, in stores, aerosol paints can be displayed by the businesses that sell them. This section also describes the penalties assessed on businesses that violate these rules. SECTION 2 of the original bill, amending Section 485.018(a), Health and Safety Code, is deleted. SUMMARY OF COMMITTEE ACTION HB 2115 was considered by the full committee in a public hearing on April 19, 1995. The following persons testified in favor of the bill: Robert N. Hills, representing the National Council to Prevent Delinquency; Dan T. Worthey, representing the City of Fort Worth; and Samith (Sam) Hill, representing the City of Forth Worth. The committee considered a complete committee substitute for the bill. The following person testified in favor of the substitute: Sharon Hull, representing the Southwest Hardware and Farm Implement Association. The substitute was withdrawn. The committee considered a complete committee substitute for the bill. An amendment was offered to the substitute. The amendment was adopted by a non-record vote. The substitute as amended was adopted by a non-record vote. The Chair directed the staff to incorporate the amendment into the substitute. HB 2115 was reported favorably as substituted with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 0 nays, 0 pnv, and 4 absent.