By Jones of Dallas H.B. No. 813 76R2532 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 a 1-22 personal identification certificate that: 1-23 (1) was issued by the department; 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, 1999. 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.