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.