Texas House Bill HB218

Texas 2009 - 81st Regular

• Filed: 11/13/08

Caption

Relating to the regulation of the sale of aerosol paint by counties and municipalities.

Impact

If enacted, HB 218 would modify current local government powers, specifically giving counties and municipalities the authority to impose stricter controls on the sale of aerosol paint. This localized approach to regulation means that jurisdictions can tailor their laws based on specific community needs regarding graffiti prevention, thereby potentially lowering rates of graffiti and vandalism. The bill includes a provision for a surcharge of up to one dollar on each sale, with funds earmarked for graffiti abatement efforts.

Summary

House Bill 218 seeks to empower counties and municipalities in Texas to regulate the sale of aerosol paint. The proposed legislation allows local governing bodies to mandate that sellers check the buyer's identification before completing a sale and keep a record of these transactions for a minimum of two years. This measure is primarily aimed at combating graffiti-related offenses, as it provides law enforcement with the tools to trace purchases during investigations involving vandalism incidents.

Contention

Although there is a shared interest in addressing graffiti prevention, there may be points of contention regarding the feasibility and effectiveness of implementing such regulations. Critics might argue that requiring sellers to enforce identification checks and maintain logs could place an undue burden on small businesses. There might also be concerns about privacy and the efficiency of tracking aerosol paint sales, raising questions about how such regulations could impact consumers and vendors alike.