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.