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.