CJ C.S.H.B. 1714 75(R)BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
C.S.H.B. 1714
By: Serna
4-8-97
Committee Report (Substituted)

BACKGROUND

Although penalties currently exists for graffiti offenders, they are doing
little to deter criminal mischief.  Limited graffiti cleanup funds and the
unregulated access to aerosol paint continue to hamper statewide efforts
to eradicate graffiti.  Prosecutors and individuals involved in graffiti
abatement efforts cite three areas for legislative improvement: (1)
stiffer penalties for graffiti offenders, (2) the creation of funding
sources for graffiti cleanup and (3) restriction of access to aerosol
paint. 

PURPOSE

As proposed, HB 1714 would stiffen criminal penalties for graffiti
offenders, create a graffiti eradication fund and require businesses to
restrict access to aerosol paint. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION

SECTION 1: Amends Section 28.03,  Penal Code, by amending Subsection (a)
by replacing current list of actions with "graffiti".  It also adds
Subsections (g) and (h) which add a first degree felony offense and
definitions.  

SECTION 2: Amends Subchapter A, Chapter 102, Code of Criminal Procedure,
by adding Article 102.0171 which establishes a $5court cost for persons
convicted of  placing graffiti and sets up the graffiti education fund
with the money collected.  The administrative functions and allowed uses
of the fund are also designated. 

SECTION 3. Amends Subchapter B, Chapter 485, Health and Safety Code by
adding Section 485.019 which describes the restrictions to access to
aerosol paints that must be followed by certain permitted businesses,
providing penalties and injunctive relief. 

SECTION 4: The provisions of the bill apply only to acts committed on or
after the effective date of this act. 

SECTION 5: Effective date.

SECTION 6: Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

1. The original Section 3 of the bill is deleted and subsequent sections
renumbered as 
 appropriate.

2. The original Section 5 of the bill, is deleted and following sections
renumbered as appropriate.