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.