By Lewis of Tarrant, Hamric, West                     H.B. No. 2115
       74R6869 KKA-F
                                 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 and permitting rules or
    1-4  ordinances to regulate the display of aerosol paint.
    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.  Section 485.018(a), Health and Safety Code, is
   1-17  amended to read as follows:
   1-18        (a)  A political subdivision or an agency of the state may
   1-19  not enact an ordinance or rule that requires a business
   1-20  establishment to display abusable glue  <or aerosol paint>  in a
   1-21  manner that makes the glue <or paint> accessible to patrons of the
   1-22  business only with the assistance of personnel of the business.
   1-23        SECTION 3.  This Act takes effect September 1, 1995.
   1-24        SECTION 4.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended.