81R871 MXM-D
By: Menendez H.B. No. 218
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the sale of aerosol paint by counties
and municipalities.
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, including the identification
information, 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) To identify buyers when investigating a graffiti
incident or other prohibited act involving aerosol paint, an order
or ordinance adopted under this section must require that the
information contained in the log be made available to appropriate
law enforcement persons and the county or municipality that adopted
the order or ordinance.
(d) 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.