Texas House Bill HB1234

Texas 2009 - 81st Regular

• Out of House Committee: 4/21/09

Caption

Relating to the delivery sale of graffiti materials; providing penalties.

Impact

If enacted, HB1234 will amend existing laws under the Local Government Code and the Penal Code. This change is expected to empower counties and municipalities to impose stricter regulations on aerosol paint sales, thereby centralizing control over how these products are handled in different jurisdictions. The bill's focus on maintaining logs and proof of identification reflects a proactive approach to combating graffiti, which has been a significant concern in urban areas. Furthermore, the bill introduces criminal penalties for sellers who fail to secure their products effectively from minors, thus tightening accountability among retailers.

Summary

House Bill 1234 aims to regulate the sale of aerosol paint with the intention of preventing minors from accessing these materials, which are commonly used for graffiti. The bill introduces mandatory requirements for sellers, requiring them to verify the buyer's age and maintain a sales log for a specified duration. Additionally, the bill allows local governments to impose a small surcharge on aerosol paint sales, with revenues directed towards graffiti abatement efforts. This regulatory framework seeks to address the societal concerns surrounding vandalism powered by youth access to aerosol paint.

Contention

Notable points of contention regarding HB1234 include the implications of additional regulations on local businesses and whether such measures effectively deter youth from engaging in graffiti. Critics may argue that while the bill attempts to address a serious issue, it could inadvertently hinder legitimate sales and impose unnecessary burdens on retailers. Proponents, however, believe that without these enforceable measures, communities will continue to struggle with graffiti-related vandalism, thereby justifying the need for stricter oversight in the sale of aerosol paint.