By Lewis of Tarrant H.B. No. 983 75R1442 PEP-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to regulating customer access to aerosol paint and 1-3 creating an offense for the possession of aerosol paint by a person 1-4 younger than 18 years of age; providing penalties. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 485, Health and Safety 1-7 Code, is amended by adding Section 485.019 to read as follows: 1-8 Sec. 485.019. RESTRICTION OF ACCESS TO AEROSOL PAINT. 1-9 (a) A business establishment that holds a permit under Section 1-10 485.012 and that displays aerosol paint shall display the paint: 1-11 (1) in a place that is in the line of sight of a 1-12 cashier or in the line of sight from a workstation normally 1-13 continuously occupied during business hours; 1-14 (2) in a manner that makes the paint accessible to a 1-15 patron of the business establishment only with the assistance of an 1-16 employee of the establishment; or 1-17 (3) in an area electronically protected, or viewed by 1-18 surveillance equipment that is monitored, during business hours. 1-19 (b) A court may issue a warning to a business establishment 1-20 or impose a civil penalty of $100 on the business establishment for 1-21 a first violation of this section. After receiving a warning or 1-22 penalty for the first violation, the business establishment is 1-23 liable to the state for a civil penalty of $100 for each subsequent 1-24 violation. 2-1 (c) For the third violation of this section in a calendar 2-2 year, a court may issue an injunction prohibiting the business 2-3 establishment from selling aerosol paint for a period of not more 2-4 than two years. A business establishment that violates the 2-5 injunction is liable to the state for a civil penalty of $100, in 2-6 addition to any other penalty authorized by law, for each day the 2-7 violation continues. 2-8 (d) If a business establishment fails to pay a civil penalty 2-9 under this section, the court may issue an injunction prohibiting 2-10 the establishment from selling aerosol paint until the 2-11 establishment pays the penalty, attorney's fees, and court costs. 2-12 (e) The attorney general or the district or county attorney 2-13 for the county in which a violation of this section is alleged to 2-14 have occurred may file suit for the issuance of a warning, the 2-15 collection of a penalty, or the issuance of an injunction. 2-16 (f) A penalty collected under this section shall be sent to 2-17 the comptroller for deposit in the state treasury to the credit of 2-18 the general revenue fund. 2-19 SECTION 2. Subchapter C, Chapter 485, Health and Safety 2-20 Code, is amended by adding Section 485.0331 to read as follows: 2-21 Sec. 485.0331. POSSESSION OF AEROSOL PAINT BY A MINOR. 2-22 (a) A person who is younger than 18 years of age commits an 2-23 offense if the person knowingly possesses aerosol paint. 2-24 (b) It is an affirmative defense to prosecution under this 2-25 section that at the time of the commission of the offense, the 2-26 person possessed the aerosol paint while under the direct 2-27 supervision of an adult having supervisory responsibility over the 3-1 person. 3-2 (c) An offense under this section is a Class C misdemeanor. 3-3 SECTION 3. This Act takes effect September 1, 1997. 3-4 SECTION 4. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.