Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Serna H.B. No. 1714
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of criminal mischief involving graffiti and
1-3 the regulation of customer access to aerosol paint.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28.03, Penal Code, is amended by amending
1-6 Subsection (a) and adding Subsections (g) and (h) to read as
1-7 follows:
1-8 (a) A person commits an offense if, without the effective
1-9 consent of the owner:
1-10 (1) he intentionally or knowingly damages or destroys
1-11 the tangible property of the owner;
1-12 (2) he intentionally or knowingly tampers with the
1-13 tangible property of the owner and causes pecuniary loss or
1-14 substantial inconvenience to the owner or a third person; or
1-15 (3) he intentionally or knowingly places graffiti
1-16 [makes markings, including inscriptions, slogans, drawings, or
1-17 paintings,] on the tangible property of the owner.
1-18 (g) The punishment prescribed for an offense under
1-19 Subsection (a)(3) is increased to the punishment for the next
1-20 highest category of offense if the graffiti is placed on public
1-21 property. This subsection does not apply if the punishment for the
1-22 offense, without application of this subsection, is a first degree
1-23 felony.
1-24 (h) In this section:
2-1 (1) "Graffiti" means a word, figure, mark, painting,
2-2 covering, drawing, slogan, design, or other inscription.
2-3 (2) "Public property" means property owned or leased
2-4 by the state or a political subdivision of the state.
2-5 SECTION 2. Subchapter A, Chapter 102, Code of Criminal
2-6 Procedure, is amended by adding Article 102.0171 to read as
2-7 follows:
2-8 Art. 102.0171. COURT COSTS: GRAFFITI ERADICATION FUNDS.
2-9 (a) A defendant convicted of an offense under Section 28.03(a)(3),
2-10 Penal Code, in a justice court, county court, county court at law,
2-11 or district court shall pay a $5 graffiti eradication fee as a cost
2-12 of court. The governing body of a municipality by ordinance may
2-13 create a municipal graffiti eradication fund and may require a
2-14 defendant convicted of an offense under Section 28.03(a)(3), Penal
2-15 Code, in a municipal court to pay a $5 graffiti eradication fee as
2-16 a cost of court.
2-17 (b) In this article, a person is considered convicted if:
2-18 (1) a sentence is imposed on the person;
2-19 (2) the person receives community supervision,
2-20 including deferred adjudication; or
2-21 (3) the court defers final disposition of the person's
2-22 case.
2-23 (c) The clerks of the respective courts shall collect the
2-24 costs and pay them to the county or municipal treasurer, as
2-25 appropriate, or to any other official who discharges the duties
2-26 commonly delegated to the county or municipal treasurer, as
2-27 appropriate, for deposit in a fund to be known as the county
2-28 graffiti eradication fund or a fund to be known as the municipal
2-29 graffiti eradication fund, as appropriate. A fund designated by
2-30 this subsection may be used only to:
3-1 (1) repair damage caused by the commission of offenses
3-2 under Section 28.03(a)(3), Penal Code;
3-3 (2) provide educational and intervention programs
3-4 designed to prevent individuals from committing offenses under
3-5 Section 28.03(a)(3), Penal Code; and
3-6 (3) provide to the public rewards for identifying and
3-7 aiding in the apprehension and prosecution of offenders who commit
3-8 offenses under Section 28.03(a)(3), Penal Code.
3-9 (d) The county graffiti eradication fund shall be
3-10 administered by or under the direction of the commissioners court.
3-11 The municipal graffiti eradication fund shall be administered by or
3-12 under the direction of the governing body of the municipality.
3-13 SECTION 3. Section 54.042, Family Code, is amended to read
3-14 as follows:
3-15 Sec. 54.042. License Suspension. (a) A juvenile court, in
3-16 a disposition hearing under Section 54.04 [of this code], shall:
3-17 (1) order the Department of Public Safety to suspend a
3-18 child's driver's license or permit, or if the child does not have a
3-19 license or permit, to deny the issuance of a license or permit to
3-20 the child if the court finds that the child has engaged in conduct
3-21 that violates:
3-22 (A) a law of this state enumerated in Section
3-23 521.342(a), Transportation Code [24(a-1), Chapter 173, Acts of the
3-24 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
3-25 Texas Civil Statutes)]; or
3-26 (B) Section 28.03(a)(3), Penal Code; or
3-27 (2) notify the Department of Public Safety of the
3-28 adjudication, if the court finds that the child has engaged in
3-29 conduct that violates a law of this state enumerated in Section
3-30 521.372(a), Transportation Code [24B(b), Chapter 173, Acts of the
4-1 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
4-2 Texas Civil Statutes)].
4-3 (b) The order under Subsection (a)(1)(A) [of this section]
4-4 shall specify a period of suspension or denial that is until the
4-5 child reaches the age of 19 or for a period of 365 days, whichever
4-6 is longer.
4-7 (c) The order under Subsection (a)(1)(B) shall specify a
4-8 period of suspension or denial that is:
4-9 (1) for a period of 365 days; or
4-10 (2) if the court finds the child has been previously
4-11 adjudicated as having engaged in conduct violating Section
4-12 28.03(a)(3), Penal Code, until the child reaches age 19 or for a
4-13 period of 365 days, whichever is longer.
4-14 (d) A child whose driver's license or permit has been
4-15 suspended or denied pursuant to this section may, if the child is
4-16 otherwise eligible for, and fulfils the requirements for issuance
4-17 of, a provisional driver's license or permit under Chapter 521,
4-18 Transportation Code [Chapter 173, Acts of the 47th Legislature,
4-19 Regular Session, 1941, as amended (Article 6687b, Vernon's Texas
4-20 Civil Statutes)], apply for and receive an occupational license in
4-21 accordance with the provisions of Subchapter L of that chapter
4-22 [Section 23A, Chapter 173, Acts of the 47th Legislature, Regular
4-23 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
4-24 Statutes)].
4-25 (e) [(d)] A juvenile court, in a disposition hearing under
4-26 Section 54.04 [of this code], may order the Department of Public
4-27 Safety to suspend a child's driver's license or permit or, if the
4-28 child does not have a license or permit, to deny the issuance of a
4-29 license or permit to the child for a period not to exceed 12 months
4-30 if the court finds that the child has engaged in conduct in need of
5-1 supervision or delinquent conduct other than the conduct described
5-2 by Subsection (a) [of this section].
5-3 (f) [(e)] A juvenile court that places a child on probation
5-4 under Section 54.04 [of this code] may require as a reasonable
5-5 condition of the probation that if the child violates the
5-6 probation, the court may order the Department of Public Safety to
5-7 suspend the child's driver's license or permit or, if the child
5-8 does not have a license or permit, to deny the issuance of a
5-9 license or permit to the child for a period not to exceed 12
5-10 months. The court may make this order if a child that is on
5-11 probation under this condition violates the probation. A
5-12 suspension under this subsection is cumulative of any other
5-13 suspension under this section.
5-14 SECTION 4. Subchapter B, Chapter 485, Health and Safety
5-15 Code, is amended by adding Section 485.019 to read as follows:
5-16 Sec. 485.019. RESTRICTION OF ACCESS TO AEROSOL PAINT.
5-17 (a) A business establishment that holds a permit under Section
5-18 485.012 and that displays aerosol paint shall display the paint:
5-19 (1) in a place that is in the line of sight of a
5-20 cashier or in the line of sight from a workstation normally
5-21 continuously occupied during business hours;
5-22 (2) in a manner that makes the paint accessible to a
5-23 patron of the business establishment only with the assistance of an
5-24 employee of the establishment; or
5-25 (3) in an area electronically protected, or viewed by
5-26 surveillance equipment that is monitored, during business hours.
5-27 (b) This section does not apply to a business establishment
5-28 that has in place a computerized checkout system at the point of
5-29 sale for merchandise that alerts the cashier that a person
5-30 purchasing aerosol paint must be over 18 years of age.
6-1 (c) A court may issue a warning to a business establishment
6-2 or impose a civil penalty of $50 on the business establishment for
6-3 a first violation of this section. After receiving a warning or
6-4 penalty for the first violation, the business establishment is
6-5 liable to the state for a civil penalty of $100 for each subsequent
6-6 violation.
6-7 (d) For the third violation of this section in a calendar
6-8 year, a court may issue an injunction prohibiting the business
6-9 establishment from selling aerosol paint for a period of not more
6-10 than two years. A business establishment that violates the
6-11 injunction is liable to the state for a civil penalty of $100, in
6-12 addition to any other penalty authorized by law, for each day the
6-13 violation continues.
6-14 (e) If a business establishment fails to pay a civil penalty
6-15 under this section, the court may issue an injunction prohibiting
6-16 the establishment from selling aerosol paint until the
6-17 establishment pays the penalty, attorney's fees, and court costs.
6-18 (f) The attorney general or the district or county attorney
6-19 for the county in which a violation of this section is alleged to
6-20 have occurred may file suit for the issuance of a warning, the
6-21 collection of a penalty, or the issuance of an injunction.
6-22 (g) A penalty collected under this section shall be sent to
6-23 the comptroller for deposit in the state treasury to the credit of
6-24 the general revenue fund.
6-25 SECTION 5. Subchapter O, Chapter 521, Transportation Code,
6-26 is amended by adding Section 521.348 to read as follows:
6-27 Sec. 521.348. SUSPENSION FOR CERTAIN CRIMINAL MISCHIEF;
6-28 LICENSE DENIAL. (a) A person's driver's license is automatically
6-29 suspended on conviction of an offense under Section 28.03(a)(3),
6-30 Penal Code.
7-1 (b) The department may not reinstate or issue a driver's
7-2 license to a person convicted of an offense under Section
7-3 28.03(a)(3), Penal Code, who, on the date of the conviction, did
7-4 not hold a driver's license.
7-5 (c) The period of suspension under this section is one year
7-6 after the date of a final conviction. The period of license denial
7-7 is one year after the date the person applies to the department for
7-8 reinstatement or issuance of a driver's license.
7-9 (d) The department may not reinstate a driver's license
7-10 suspended under Subsection (a) unless the person whose license was
7-11 suspended applies to the department for reinstatement.
7-12 (e) A person whose license is suspended under Subsection (a)
7-13 remains eligible to receive an occupational license under
7-14 Subchapter L, Chapter 521.
7-15 (f) For the purposes of this section, a person is convicted
7-16 of an offense regardless of whether sentence is imposed or the
7-17 person is placed on community supervision for the offense under
7-18 Article 42.12, Code of Criminal Procedure.
7-19 SECTION 6. (a) The change in law made by this Act applies
7-20 only to an offense committed or, for the purposes of Title 3,
7-21 Family Code, to conduct that occurs on or after the effective date
7-22 of this Act. For purposes of this section, an offense is committed
7-23 on or after the effective date of this Act if every element of the
7-24 offense occurs on or after the effective date and conduct violating
7-25 a penal law of this state occurs on or after the effective date of
7-26 this Act if every element of the violation occurs on or after that
7-27 date.
7-28 (b) An offense committed before the effective date of this
7-29 Act is covered by the law in effect when the offense was committed,
7-30 and the former law is continued in effect for that purpose.
8-1 Conduct that occurs before the effective date of this Act is
8-2 covered by the law in effect at the time the conduct occurred, and
8-3 the former law is continued in effect for that purpose.
8-4 SECTION 7. This Act takes effect September 1, 1997.
8-5 SECTION 8. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended.