By Lewis of Tarrant, Hamric, West, et al. H.B. No. 2115 Substitute the following for H.B. No. 2115: By Pickett C.S.H.B. No. 2115 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creating an offense for the possession of aerosol paint 1-3 by a person younger than 18 years of age, regulating access by 1-4 customers to aerosol paints, and providing a civil penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter C, Chapter 485, Health and Safety 1-7 Code, is amended by adding Section 485.0331 to read as follows: 1-8 Sec. 485.0331. POSSESSION OF AEROSOL PAINT BY A MINOR. (a) 1-9 A person who is younger than 18 years of age commits an offense if 1-10 the person knowingly or intentionally possesses aerosol paint. 1-11 (b) It is an affirmative defense to prosecution under this 1-12 section that the person possesses the aerosol paint while under the 1-13 direct supervision of an adult having supervisory responsibility 1-14 over the person. 1-15 (c) An offense under this section is a Class C misdemeanor. 1-16 SECTION 2. Subchapter B, Chapter 485, Health and Safety 1-17 Code, is amended by adding Section 485.019 to read as follows: 1-18 Sec. 485.019. RESTRICTION OF ACCESS TO AEROSOL PAINTS. (a) 1-19 A business establishment that displays aerosol paints must display 1-20 the paints: 1-21 (1) in a place that is in the line of sight of a 1-22 cashier or in the line of sight from a work station normally 1-23 continuously occupied during business hours; 1-24 (2) in a manner that makes the paint inaccessible to 2-1 patrons of the business establishment without the assistance of an 2-2 employee of the establishment; or 2-3 (3) in an area electronically protected, or viewed by 2-4 surveillance equipment that is monitored, during business hours. 2-5 (b) A business establishment that violates this section is 2-6 liable to the state for a civil penalty of $100 for the first 2-7 violation and $200 for each subsequent violation. 2-8 (c) For the third violation of this section in a calendar 2-9 year, the court may issue an injunction prohibiting the business 2-10 establishment from selling aerosol paints for a period of not more 2-11 than two years. A business establishment that violates the 2-12 injunction is liable to the state for a civil penalty of $100, in 2-13 addition to any other penalties allowed by law, for each day the 2-14 violation continues. 2-15 (d) If a business establishment fails to pay a civil penalty 2-16 under this section, a court may issue an injunction prohibiting the 2-17 establishment from selling aerosol paints until the establishment 2-18 pays the penalty, attorney's fees, and court costs. 2-19 (e) The attorney general or the county attorney or district 2-20 attorney of the county in which the violation is alleged to have 2-21 occurred may file suit to collect the penalty or to request an 2-22 injunction. 2-23 (f) A penalty collected under this section shall be 2-24 deposited in the state treasury to the credit of the general 2-25 revenue fund. 2-26 SECTION 3. This Act takes effect September 1, 1995. 2-27 SECTION 4. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended.