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.