SRC-SLL S.B. 758 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 758
By: Shapleigh
Criminal Justice
3-20-97
As Filed


DIGEST 

Currently, there are limited penalties for persons who paint graffiti.
Limited graffiti cleanup funds and the unregulated access to aerosol paint
continue to hamper statewide efforts to eradicate graffiti. This bill will
increase criminal penalties for graffiti offenders, create a graffiti
eradication fund, and require businesses to restrict access to aerosol
paint. 

PURPOSE

As proposed, S.B. 758 increases criminal penalties for graffiti offenders,
creates a graffiti eradication fund, and requires businesses to restrict
access to aerosol paint. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.03, Penal Code, by amending Subsection (a)
and adding Subsections (g) and (h), to provide that a person commits an
offense if, without the effective consent of the owner, the person
intentionally or knowingly places graffiti on the tangible property of the
owner.  Provides that the punishment prescribed for an offense under
Subsection (a)(3) is increased to the punishment for the next highest
category of offense if the graffiti is placed on public property. Provides
that this subsection does not apply if the punishment for the offense,
without application of this subsection, is a first degree felony.  Defines
"graffiti" and "public property." 

SECTION 2. Amends Chapter 102A, Code of Criminal Procedure, by adding
Article 102.0171, as follows: 

Art. 102.0171.  COURT COSTS: GRAFFITI ERADICATION FUNDS.  Sets forth
procedures for assessment and administration of a graffiti eradication fee
charged to a defendant convicted of an offense under Section 28.03(a)(3). 

SECTION 3. Amends Section 54.042, Family Code, to require a juvenile
court, in a disposition hearing under Section 54.04, to order the
Department of Public Safety (DPS) to suspend a child's driver's license or
permit, or if the child does not have a license or permit, to deny the
issuance of a license or permit to the child if the court finds that the
child has engaged in conduct that violates a law of this state enumerated
in Section 521.342(a), Transportation Code, rather than Section 24(a1),
Article 6687b, V.T.C.S., or that violates Section 28.03(a)(3), Penal Code.
Requires a juvenile court to notify DPS of the adjudication, if the court
finds that the child has engaged in conduct that violates a law of this
state enumerated in Section 521.372(a), Transportation Code, rather than
24B(b), Article 6687b, V.T.C.S.  Requires the order under Subsection
(a)(1)(B) to specify a certain period of suspension or denial.  Makes
conforming and nonsubstantive changes. 

SECTION 4. Amends Chapter 485B, Health and Safety Code, by adding Section
485.019, as follows: 

Sec.  485.019.  RESTRICTION OF ACCESS TO AEROSOL PAINT.  Requires a
business establishment that holds a permit under Section 485.012 and that
displays aerosol paint to  meet certain requirements in the display of the
paint.  Provides that this section does not apply to a business
establishment that has in place a computerized checkout system at the
point of sale for merchandise that alerts the cashier that a person
purchasing aerosol paint must be over 18 years of age.  Sets forth
penalties for violations of this section.  Requires a penalty collected
under this section to be sent to the comptroller for deposit in the state
treasury to the credit of the general revenue fund. 

SECTION 5. Amends Chapter 521O, Transportation Code, by adding Section
521.348, as follows: 

Sec.  521.348.  SUSPENSION FOR CERTAIN CRIMINAL MISCHIEF; LICENSE DENIAL.
Provides that a person's driver's license is automatically suspended on
conviction of an offense under Section 28.03(a)(3), Penal Code.  Sets
forth regulations for reinstatement or issuance of a driver's license to a
person convicted of an offense under Section 28.03(a)(3), Penal Code.
Provides that a person whose license is suspended under Subsection (a)
remains eligible to receive an occupational license under Chapter 521L.
Provides that, for the purposes of this section, a person is convicted of
an offense regardless of whether sentence is imposed or the person is
placed on community supervision for the offense under Article 42.12, Code
of Criminal Procedure. 

SECTION 6. Makes application of this Act prospective.

SECTION 7. Effective date: September 1, 1997.

SECTION 8. Emergency clause.