By Jones of Dallas                                    H.B. No. 2545
       74R6102 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to business establishments selling drug or certain other
    1-3  paraphernalia; imposing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 481, Health and Safety
    1-6  Code, is amended by adding Section 481.136 to read as follows:
    1-7        Sec. 481.136.  BUSINESS ESTABLISHMENTS SELLING DRUG
    1-8  PARAPHERNALIA.  (a)  A person who owns or is employed by a business
    1-9  establishment that sells drug paraphernalia or paraphernalia that a
   1-10  reasonable person knows may be used as drug paraphernalia commits
   1-11  an offense if:
   1-12              (1)  the person permits a person younger than 18 years
   1-13  of age to enter the business establishment; or
   1-14              (2)  the business establishment does not have a
   1-15  conspicuous sign posted at the entrance to the business
   1-16  establishment that states the following:
   1-17        "It is unlawful to possess drug paraphernalia.  Persons
   1-18  younger than 18 years of age are not permitted on these premises."
   1-19        (b)  It is an affirmative defense to prosecution under
   1-20  Subsection (a)(1) that the person who entered the premises
   1-21  presented to the actor an apparently valid driver's license or an
   1-22  identification card that:
   1-23              (1)  was issued by the Department of Public Safety;
   1-24              (2)  contained a physical description consistent with
    2-1  the person's appearance; and
    2-2              (3)  purported to establish that the person was 18
    2-3  years of age or older.
    2-4        (c)  An offense under this section is a Class A misdemeanor.
    2-5        SECTION 2.  This Act takes effect September 1, 1995.
    2-6        SECTION 3.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.