By: Deshotel H.B. No. 4396
A BILL TO BE ENTITLED
AN ACT
relating to setting a prudent uniform standard for the retail
display of aerosol paint; and providing for the collection and
distribution of a surcharge on such paint for purpose of preventing
graffiti vandalism and repairing damage there from.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 485, Health and Safety Code, is amended
by deleting Section 485.019 (b) and re-lettering subsequent
paragraphs accordingly.
Section 2. Chapter 485, Health and Safety Code is further
amended by adding a new Section 485.113 to read as follows:
Sec. 483.113. SURCHARGE ON AEROSOL PAINT SOLD FROM PERMIT
HOLDING FACILITIES. (a) through arraignment with the comptroller,
the board shall collect a twenty-five (25) cent surcharge on each
can of aerosol paint sold at retail through a store holding or
required to hold a valid volatile chemical sales permit;
(b) The comptroller shall deposit the amounts received under
subsection (a) in the state treasury to the credit of general
revenue fund to be used only by the department to:
(1) provide local jurisdictions with funding for values
education, anti-graffiti law enforcement, graffiti abatement and
other directly related uses; and
(2) finance statewide efforts in graffiti prevention and
prevention education.