| 1 | 1 | | 81R871 MXM-D |
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| 2 | 2 | | By: Menendez H.B. No. 218 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of the sale of aerosol paint by counties |
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| 8 | 8 | | and municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 250, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 250.006 to read as follows: |
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| 12 | 12 | | Sec. 250.006. REGULATION OF SALE OF AEROSOL PAINT; |
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| 13 | 13 | | SURCHARGE. (a) A county by order or a municipality by ordinance may |
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| 14 | 14 | | require a person who sells aerosol paint to: |
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| 15 | 15 | | (1) require proof of identification from the buyer |
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| 16 | 16 | | before making a sale to that buyer; and |
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| 17 | 17 | | (2) record the sale, including the identification |
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| 18 | 18 | | information, in a log and maintain the log for at least two years |
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| 19 | 19 | | after the date of the sale. |
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| 20 | 20 | | (b) An order adopted by a county under this section applies |
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| 21 | 21 | | only in the unincorporated area of the county. |
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| 22 | 22 | | (c) To identify buyers when investigating a graffiti |
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| 23 | 23 | | incident or other prohibited act involving aerosol paint, an order |
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| 24 | 24 | | or ordinance adopted under this section must require that the |
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| 25 | 25 | | information contained in the log be made available to appropriate |
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| 26 | 26 | | law enforcement persons and the county or municipality that adopted |
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| 27 | 27 | | the order or ordinance. |
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| 28 | 28 | | (d) An order or ordinance adopted under this section may |
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| 29 | 29 | | require a surcharge not to exceed one dollar on each sale. Money |
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| 30 | 30 | | collected under this section may be used only for purposes related |
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| 31 | 31 | | to graffiti abatement. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2009. |
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