By Serna                                              H.B. No. 2913
       74R8147 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of delivering aerosol paint to a person
    1-3  younger than 18 years of age.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 485.033, Health and Safety Code, is
    1-6  amended by adding Subsection (g) to read as follows:
    1-7        (g)  If it is shown on the trial of an offense under this
    1-8  section for delivering aerosol paint to a person younger than 18
    1-9  years of age that the defendant has on two or more previous
   1-10  occasions been finally convicted for delivering aerosol paint to a
   1-11  person younger than 18 years of age, the court shall order the
   1-12  comptroller to revoke the defendant's sales tax permit.  The order
   1-13  shall specify a period of revocation that does not exceed 365 days
   1-14  immediately following the date of conviction of the defendant.
   1-15        SECTION 2.  Subchapter F, Chapter 151, Tax Code, is amended
   1-16  by adding Section 151.2035 to read as follows:
   1-17        Sec. 151.2035.  AUTOMATIC REVOCATION OF SALES TAX PERMIT FOR
   1-18  SALE OF AEROSOL PAINT TO MINOR.  The comptroller shall revoke the
   1-19  sales tax permit of a person on receipt of a court order under
   1-20  Section 485.033(g), Health and Safety Code, to revoke the person's
   1-21  sales tax permit.  The period of the revocation is for the period
   1-22  specified in the order.
   1-23        SECTION 3.  (a)  The change in law made by this Act relating
   1-24  to the revocation of the sales tax permit of a person convicted of
    2-1  selling aerosol paint to a minor applies only to a conviction for
    2-2  an offense that was committed on or after the effective date of
    2-3  this Act.  For purposes of this section, an offense is committed
    2-4  before the effective date of this Act if any element of the offense
    2-5  occurs before that date.
    2-6        (b)  An offense committed before the effective date of this
    2-7  Act is covered by the law in effect when the offense was committed,
    2-8  and the former law is continued in effect for that purpose.
    2-9        (c)  An offense committed before the effective date of this
   2-10  Act may be used for the purpose of showing a previous conviction
   2-11  under Section 485.033(g), Health and Safety Code, as added by this
   2-12  Act.
   2-13        SECTION 4.  This Act takes effect September 1, 1995.
   2-14        SECTION 5.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.