By West                                               H.B. No. 1076
       74R2998 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to authorizing certain local governments to regulate the
    1-3  accessibility of certain glues and paints to business patrons.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 485.018, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 485.018.  Prohibited Ordinance and Rule.  (a)  Except as
    1-8  provided by Subsection (c), a <A> political subdivision or an
    1-9  agency of the state may not enact an ordinance or rule that
   1-10  requires a business establishment to display abusable glue or
   1-11  aerosol paint in a manner that makes the glue or paint accessible
   1-12  to patrons of the business only with the assistance of personnel of
   1-13  the business.
   1-14        (b)  Subsection (a) <This section> does not apply to an
   1-15  ordinance or rule that was enacted before September 1, 1989.
   1-16        (c)  The governing body of a municipality by ordinance or the
   1-17  commissioners court of a county by order may regulate the
   1-18  accessibility of abusable glue and aerosol paint to business
   1-19  patrons.
   1-20        (d)  If an order adopted by a county under this section
   1-21  conflicts with a municipal ordinance, the county order prevails to
   1-22  the extent of the conflict.
   1-23        SECTION 2.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.