Texas 2017 - 85th Regular

Texas Senate Bill SB337 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1754 KKR-D
2	2	By: West S.B. No. 337
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age at which a person may purchase aerosol paint.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 485.017, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 485.017. SIGNS. A business establishment that sells
12	12	an abusable volatile chemical at retail shall display a conspicuous
13	13	sign, in English and Spanish, that states the following:
14	14	It is unlawful for a person to sell or deliver an
15	15	abusable volatile chemical, other than aerosol paint,
16	16	to a person under 18 years of age. Except in limited
17	17	situations, such an offense is a state jail felony.
18	18	It is unlawful for a person to sell or deliver
19	19	aerosol paint to a person under 21 years of age. Except
20	20	in limited situations, such an offense is a state jail
21	21	felony.
22	22	It is also unlawful for a person to abuse a
23	23	volatile chemical by inhaling, ingesting, applying,
24	24	using, or possessing with intent to inhale, ingest,
25	25	apply, or use a volatile chemical in a manner designed
26	26	to affect the central nervous system. Such an offense
27	27	is a Class B misdemeanor.
28	28	SECTION 2. Section 485.019(b), Health and Safety Code, is
29	29	amended to read as follows:
30	30	(b) This section does not apply to a business establishment
31	31	that has in place a computerized checkout system at the point of
32	32	sale for merchandise that alerts the cashier that a person
33	33	purchasing aerosol paint must be over 21 [18] years of age.
34	34	SECTION 3. The heading to Section 485.032, Health and
35	35	Safety Code, is amended to read as follows:
36	36	Sec. 485.032. PROHIBITED DELIVERY [TO A MINOR].
37	37	SECTION 4. Section 485.032, Health and Safety Code, is
38	38	amended by amending Subsections (a) and (c) and adding Subsections
39	39	(a-1) and (c-1) to read as follows:
40	40	(a) A person commits an offense if the person knowingly
41	41	delivers an abusable volatile chemical, other than aerosol paint,
42	42	to a person who is younger than 18 years of age.
43	43	(a-1) A person commits an offense if the person knowingly
44	44	delivers aerosol paint to a person who is younger than 21 years of
45	45	age.
46	46	(c) It is an affirmative defense to prosecution under
47	47	Subsection (a) [this section] that:
48	48	(1) the actor [person making the delivery] is at least
49	49	18 years of age and has [an adult having] supervisory
50	50	responsibility over the person younger than 18 years of age and:
51	51	(A) the actor [adult] permits the use of the
52	52	abusable volatile chemical only under the actor's [adult's] direct
53	53	supervision and in the actor's [adult's] presence and only for its
54	54	intended purpose; and
55	55	(B) the actor [adult] removes the chemical from
56	56	the person younger than 18 years of age on completion of that use;
57	57	or
58	58	(2) the person to whom the abusable volatile chemical
59	59	was delivered presented to the actor [defendant] an apparently
60	60	valid Texas driver's license or an identification certificate,
61	61	issued by the Department of Public Safety of the State of Texas and
62	62	containing a physical description consistent with the person's
63	63	appearance, that purported to establish that the person was 18
64	64	years of age or older.
65	65	(c-1) It is an affirmative defense to prosecution under
66	66	Subsection (a-1) that:
67	67	(1) the actor is at least 21 years of age and has
68	68	supervisory responsibility over the person younger than 21 years of
69	69	age and:
70	70	(A) the actor permits the use of the aerosol
71	71	paint only under the actor's direct supervision and in the actor's
72	72	presence and only for its intended purpose; and
73	73	(B) the actor removes the aerosol paint from the
74	74	person younger than 21 years of age on completion of that use; or
75	75	(2) the person to whom the aerosol paint was delivered
76	76	presented to the actor an apparently valid Texas driver's license
77	77	or an identification certificate, issued by the Department of
78	78	Public Safety of the State of Texas and containing a physical
79	79	description consistent with the person's appearance, that
80	80	purported to establish that the person was 21 years of age or older.
81	81	SECTION 5. Section 485.035, Health and Safety Code, is
82	82	amended by amending Subsection (a) and adding Subsection (a-1) to
83	83	read as follows:
84	84	(a) A person commits an offense if the person sells an
85	85	abusable volatile chemical, other than aerosol paint, in violation
86	86	of Section 485.011 and the purchaser is 18 years of age or older.
87	87	(a-1) A person commits an offense if the person sells
88	88	aerosol paint in violation of Section 485.011 and the purchaser is
89	89	21 years of age or older.
90	90	SECTION 6. (a) The changes in law made by this Act to
91	91	Chapter 485, Health and Safety Code, apply only to an offense
92	92	committed on or after the effective date of this Act. For purposes
93	93	of this subsection, an offense is committed before the effective
94	94	date of this Act if any element of the offense occurs before that
95	95	date.
96	96	(b) An offense committed before the effective date of this
97	97	Act is governed by the law in effect on the date the offense was
98	98	committed, and the former law is continued in effect for that
99	99	purpose.
100	100	SECTION 7. This Act takes effect September 1, 2017.