By Hamric, West H.B. No. 2978
74R7626 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access by customers to aerosol paints; providing a
1-3 civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 485, Health and Safety
1-6 Code, is amended by adding Section 485.019 to read as follows:
1-7 Sec. 485.019. RESTRICTION OF ACCESS TO AEROSOL PAINTS. (a)
1-8 A business establishment may not display aerosol paints in a manner
1-9 that makes the paint accessible to patrons of the business without
1-10 the assistance of personnel of the establishment.
1-11 (b) A business establishment that violates this section is
1-12 liable to the state for a civil penalty of $75. Each day a
1-13 violation continues or occurs is a separate violation for the
1-14 purpose of imposing a penalty.
1-15 (c) The attorney general or the county attorney or district
1-16 attorney of the county in which the violation is alleged to have
1-17 occurred may file suit to collect the penalty.
1-18 (d) A penalty collected under this section shall be
1-19 deposited in the state treasury to the credit of the general
1-20 revenue fund.
1-21 SECTION 2. This Act takes effect September 1, 1995.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.