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A BILL TO BE ENTITLED
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AN ACT
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relating to the age at which a person may purchase aerosol paint. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 485.017, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 485.017. SIGNS. A business establishment that sells |
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an abusable volatile chemical at retail shall display a conspicuous |
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sign, in English and Spanish, that states the following: |
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It is unlawful for a person to sell or deliver an |
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abusable volatile chemical, other than aerosol paint, |
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to a person under 18 years of age. Except in limited |
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situations, such an offense is a state jail felony. |
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It is unlawful for a person to sell or deliver |
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aerosol paint to a person under 21 years of age. Except |
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in limited situations, such an offense is a state jail |
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felony. |
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It is also unlawful for a person to abuse a |
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volatile chemical by inhaling, ingesting, applying, |
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using, or possessing with intent to inhale, ingest, |
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apply, or use a volatile chemical in a manner designed |
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to affect the central nervous system. Such an offense |
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is a Class B misdemeanor. |
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SECTION 2. Section 485.019(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) This section does not apply to a business establishment |
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that has in place a computerized checkout system at the point of |
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sale for merchandise that alerts the cashier that a person |
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purchasing aerosol paint must be over 21 [18] years of age. |
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SECTION 3. The heading to Section 485.032, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 485.032. PROHIBITED DELIVERY [TO A MINOR]. |
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SECTION 4. Section 485.032, Health and Safety Code, is |
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amended by amending Subsections (a) and (c) and adding Subsections |
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(a-1) and (c-1) to read as follows: |
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(a) A person commits an offense if the person knowingly |
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delivers an abusable volatile chemical, other than aerosol paint, |
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to a person who is younger than 18 years of age. |
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(a-1) A person commits an offense if the person knowingly |
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delivers aerosol paint to a person who is younger than 21 years of |
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age. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a) [this section] that: |
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(1) the actor [person making the delivery] is at least |
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18 years of age and has [an adult having] supervisory |
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responsibility over the person younger than 18 years of age and: |
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(A) the actor [adult] permits the use of the |
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abusable volatile chemical only under the actor's [adult's] direct |
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supervision and in the actor's [adult's] presence and only for its |
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intended purpose; and |
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(B) the actor [adult] removes the chemical from |
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the person younger than 18 years of age on completion of that use; |
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or |
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(2) the person to whom the abusable volatile chemical |
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was delivered presented to the actor [defendant] an apparently |
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valid Texas driver's license or an identification certificate, |
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issued by the Department of Public Safety of the State of Texas and |
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containing a physical description consistent with the person's |
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appearance, that purported to establish that the person was 18 |
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years of age or older. |
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(c-1) It is an affirmative defense to prosecution under |
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Subsection (a-1) that: |
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(1) the actor is at least 21 years of age and has |
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supervisory responsibility over the person younger than 21 years of |
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age and: |
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(A) the actor permits the use of the aerosol |
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paint only under the actor's direct supervision and in the actor's |
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presence and only for its intended purpose; and |
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(B) the actor removes the aerosol paint from the |
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person younger than 21 years of age on completion of that use; or |
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(2) the person to whom the aerosol paint was delivered |
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presented to the actor an apparently valid Texas driver's license |
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or an identification certificate, issued by the Department of |
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Public Safety of the State of Texas and containing a physical |
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description consistent with the person's appearance, that |
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purported to establish that the person was 21 years of age or older. |
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SECTION 5. Section 485.035, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A person commits an offense if the person sells an |
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abusable volatile chemical, other than aerosol paint, in violation |
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of Section 485.011 and the purchaser is 18 years of age or older. |
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(a-1) A person commits an offense if the person sells |
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aerosol paint in violation of Section 485.011 and the purchaser is |
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21 years of age or older. |
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SECTION 6. (a) The changes in law made by this Act to |
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Chapter 485, Health and Safety Code, apply only to an offense |
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committed on or after the effective date of this Act. For purposes |
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of this subsection, an offense is committed before the effective |
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date of this Act if any element of the offense occurs before that |
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date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |