BILL ANALYSIS


                                                         S.B. 707
                                                       By: Rosson
                                             Economic Development
                                                         04-05-95
                                     Committee Report (Unamended)
BACKGROUND

At one time, aerosol paints were accessible to customers only with
the assistance of store personnel.  This requirement was amended by
the legislature to prohibit local ordinances that required these
products to be accessible to customers only with the assistance of
store personnel, but it remained illegal to sell spray paint and
abusable glues to anyone under the age of 18.

H.B. 173 (70th Legislature, Regular Session) required the Texas
Department of Health to establish a permit system for retailers of
abusable glues and aerosol paints.  Eventually, the legislature
gave the department enforcement authority over the selling of
abusable glues and aerosol paints.

PURPOSE

As proposed, S.B. 707 limits the availability of glues or aerosol
paints to business patrons in municipalities in order to promote
public health, safety, and welfare.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 485.018(b), Health and Safety Code, to
provide that this section does not apply to an ordinance or rule
that was enacted before September 1, 1989; or is enacted by a
municipality if the municipality's governing body finds that the
problems associated with glue or aerosol paint abuse in the
municipality necessitate an ordinance or rule limiting patron
accessibility in order to promote public health, safety, or
welfare.

SECTION 2. Emergency clause.
           Effective date: upon passage.