By Jones of Dallas                              H.B. No. 1005

      75R3083 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to business establishments selling drug or certain other

 1-3     paraphernalia; imposing a criminal penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter D, Chapter 481, Health and Safety

 1-6     Code, is amended by adding Section 481.124 to read as follows:

 1-7           Sec. 481.124.  OFFENSE:  FAILURE TO RESTRICT ENTRANCE TO

 1-8     BUSINESS ESTABLISHMENT SELLING DRUG PARAPHERNALIA.  (a)  A person

 1-9     who owns or is employed by a business establishment that sells drug

1-10     paraphernalia or paraphernalia that a reasonable person knows may

1-11     be used as drug paraphernalia commits an offense if:

1-12                 (1)  the person permits a person younger than 18 years

1-13     of age to enter the business establishment; or

1-14                 (2)  the business establishment does not have a

1-15     conspicuous sign posted at the entrance to the business

1-16     establishment that states the following:

1-17           "It is unlawful to possess drug paraphernalia.  Persons

1-18     younger than 18 years of age are not permitted on these premises."

1-19           (b)  It is an affirmative defense to prosecution under

1-20     Subsection (a)(1) that the person who entered the premises

1-21     presented to the actor an apparently valid driver's license or an

1-22     identification card that:

1-23                 (1)  was issued by the Department of Public Safety;

1-24                 (2)  contained a physical description consistent with

 2-1     the person's appearance; and

 2-2                 (3)  purported to establish that the person was 18

 2-3     years of age or older.

 2-4           (c)  An offense under this section is a Class A misdemeanor.

 2-5           SECTION 2.  This Act takes effect September 1, 1997.

 2-6           SECTION 3.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.