By Swinford                                      H.B. No. 380

      75R706 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to authorizing municipalities and counties to prohibit

 1-3     certain persons from possessing aerosol paint; providing a penalty.

 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 MINOR.  (a)

 1-8     The governing body of a municipality by ordinance may prohibit a

 1-9     person who is younger than 18 years of age from knowingly

1-10     possessing aerosol paint.

1-11           (b)  The commissioners court of a county by order may

1-12     prohibit a person who is younger than 18 years of age from

1-13     knowingly possessing aerosol paint.  The order applies only to the

1-14     unincorporated area of the county.

1-15           (c)  A violation of an ordinance or order under this section

1-16     is a Class C misdemeanor.

1-17           (d)  It is an affirmative defense to prosecution under this

1-18     section that the person possesses the aerosol paint with the

1-19     consent of an adult having supervisory responsibility over the

1-20     person.

1-21           SECTION 2.  This Act takes effect September 1, 1997.

1-22           SECTION 3.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended.