S.B. No. 707 AN ACT 1-1 relating to creating an offense for the possession of aerosol paint 1-2 by a person younger than 18 years of age and regulating access by 1-3 customers to aerosol paints; providing penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 485, Health and Safety 1-6 Code, is amended by adding Section 485.0331 to read as follows: 1-7 Sec. 485.0331. POSSESSION OF AEROSOL PAINT BY A MINOR. 1-8 (a) A person who is younger than 18 years of age commits an 1-9 offense if the person knowingly or intentionally possesses aerosol 1-10 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. Subchapter B, Chapter 485, Health and Safety 1-17 Code, is amended by adding Section 485.019 to read as follows: 1-18 Sec. 485.019. RESTRICTION OF ACCESS TO AEROSOL PAINTS. 1-19 (a) A business establishment that displays aerosol paints must 1-20 display the paints: 1-21 (1) in a place that is in the line of sight of a 1-22 cashier or in the line of sight from a workstation normally 1-23 continuously occupied during business hours; 2-1 (2) in a manner that makes the paint inaccessible to 2-2 patrons of the business establishment without the assistance of an 2-3 employee of the establishment; or 2-4 (3) in an area electronically protected, or viewed by 2-5 surveillance equipment that is monitored, during business hours. 2-6 (b) A court may issue a warning to a business establishment 2-7 for its first violation of this section or impose a civil penalty 2-8 of $100. After receiving a warning or penalty for a first 2-9 violation, a business establishment is liable to the state for a 2-10 civil penalty of $100 for each subsequent violation. 2-11 (c) For the third violation of this section in a calendar 2-12 year, the court may issue an injunction prohibiting the business 2-13 establishment from selling aerosol paints for a period of not more 2-14 than two years. A business establishment that violates the 2-15 injunction is liable to the state for a civil penalty of $100, in 2-16 addition to any other penalties allowed by law, for each day the 2-17 violation continues. 2-18 (d) If a business establishment fails to pay a civil penalty 2-19 under this section, a court may issue an injunction prohibiting the 2-20 establishment from selling aerosol paints until the establishment 2-21 pays the penalty, attorney's fees, and court costs. 2-22 (e) The attorney general or the county attorney or district 2-23 attorney of the county in which a violation is alleged to have 2-24 occurred may file suit to issue a warning, collect a penalty, or 2-25 request an injunction. 3-1 (f) A penalty collected under this section shall be 3-2 deposited in the state treasury to the credit of the general 3-3 revenue fund. 3-4 SECTION 3. This Act takes effect September 1, 1995. 3-5 SECTION 4. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended.