HBA-MPM H.B. 813 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 813
By: Jones, Jesse
Criminal Jurisprudence
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Department of Public Safety Uniform Crime Reports indicates that
arrests of youths aged 17 and under for drug sales and possession are
increasing.  Total drug arrests for juveniles aged 17 and under in 1996
were double those of 1985. 

Currently, state law does not prohibit juveniles from entering "head
shops," businesses which sell drug paraphernalia.  H.B. 813 provides that
the owner or employee of a place of business which sells drug paraphernalia
or paraphernalia that a reasonable person knows may be used as drug
paraphernalia commits a Class A misdemeanor if the person permits an
individual younger than 18 years of age to enter the business, or if the
business fails to post a sign stating certain prohibitions. Furthermore,
this bill creates an affirmative defense to prosecution that the person who
entered the premises presented an apparently valid driver's license or
other form of identification issued by the Department of Public Safety
indicating that the person was 18 years of age or older. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 481, Health and Safety Code, by
adding Section 481.124, as follows: 

Sec. 481.124.  OFFENSE:  FAILURE TO RESTRICT ENTRANCE TO BUSINESS
ESTABLISHMENT SELLING DRUG PARAPHERNALIA.  (a)  Provides that a person who
owns or who is employed by a business that sells drug paraphernalia or
paraphernalia that a reasonable person knows may be used as drug
paraphernalia commits an offense if the person permits a person younger
than age 18 to enter the business; or if the business does not have a
conspicuous sign posted at the entrance.  Sets forth wording for the sign
stating that it is unlawful to possess drug paraphernalia and that persons
younger than 18 are not permitted on business premises. 

(b)  Creates an affirmative defense to prosecution that the person who
entered the premises presented to the actor an apparently valid driver's
license or a personal identification certificate issued by the Department
of Public Safety that contained a physical description consistent with the
person's appearance and that purported to establish that the person was age
18 or older. 

(c)  Provides that an offense under this section is a Class A misdemeanor.

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.