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.