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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the sale of aerosol paint by counties |
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and municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.006 to read as follows: |
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Sec. 250.006. REGULATION OF SALE OF AEROSOL PAINT; |
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SURCHARGE. (a) A county by order or a municipality by ordinance may |
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require a person who sells aerosol paint to: |
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(1) require proof of identification from the buyer |
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before making a sale to that buyer; and |
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(2) record the sale, including the identification |
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information, in a log and maintain the log for at least two years |
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after the date of the sale. |
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(b) An order adopted by a county under this section applies |
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only in the unincorporated area of the county. |
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(c) To identify buyers when investigating a graffiti |
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incident or other prohibited act involving aerosol paint, an order |
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or ordinance adopted under this section must require that the |
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information contained in the log be made available to appropriate |
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law enforcement persons and the county or municipality that adopted |
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the order or ordinance. |
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(d) An order or ordinance adopted under this section may |
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require a surcharge not to exceed one dollar on each sale. Money |
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collected under this section may be used only for purposes related |
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to graffiti abatement. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |