| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of the sale of aerosol paint; providing |
|
|
criminal penalties for allowing minors access to aerosol paint used |
|
|
for graffiti. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 250, Local Government Code, is amended |
|
|
by adding Section 250.006 to read as follows: |
|
|
Sec. 250.006. REGULATION OF SALE OF AEROSOL PAINT; |
|
|
SURCHARGE. (a) A county by order or a municipality by ordinance |
|
|
may require a person who sells aerosol paint to: |
|
|
(1) require proof of identification from the buyer |
|
|
before making a sale to that buyer; and |
|
|
(2) record the sale in a log and maintain the log for |
|
|
at least two years after the date of the sale. |
|
|
(b) An order adopted by a county under this section applies |
|
|
only in the unincorporated area of the county. |
|
|
(c) An order or ordinance adopted under this section may |
|
|
require a surcharge not to exceed one dollar on each sale. Money |
|
|
collected under this section may be used only for purposes related |
|
|
to graffiti abatement. |
|
|
SECTION 2. Chapter 28, Penal Code, is amended by adding |
|
|
Section 28.09 to read as follows: |
|
|
Sec. 28.09. USE OF AEROSOL PAINT TO COMMIT GRAFFITI. (a) |
|
|
In this section, "minor" means a person under 18 years of age. |
|
|
(b) A person commits an offense if: |
|
|
(1) aerosol paint recorded as being sold to the person |
|
|
under Section 250.006, Local Government Code, was used by a minor to |
|
|
commit an offense under Section 28.08; and |
|
|
(2) the person: |
|
|
(A) failed to take steps that a reasonable person |
|
|
would take to prevent the access to the paint by a minor, including |
|
|
placing the paint in a locked container; or |
|
|
(B) left the paint in a place to which the person |
|
|
knew or should have known that the minor would gain access. |
|
|
(c) An offense under this section is a Class C misdemeanor |
|
|
unless it is shown on the trial of the offense that the defendant |
|
|
has previously been convicted under this section, in which event |
|
|
the offense is a Class B misdemeanor. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |