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.