By: Zaffirini, et al. S.B. No. 373
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of the sale, distribution, or use of
1-2 cigarettes and tobacco products; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. This Act may be cited as the Children's Tobacco
1-5 Prevention and Enforcement Act.
1-6 SECTION 2. Subchapter H, Chapter 161, Health and Safety
1-7 Code, is amended to read as follows:
1-8 SUBCHAPTER H. SALE OF CIGARETTES OR TOBACCO
1-9 PRODUCTS <TO MINORS>
1-10 Sec. 161.081. DEFINITION. In this subchapter, "permit
1-11 holder" has the meaning assigned by Section 154.001 or 155.001, Tax
1-12 Code, as applicable.
1-13 Sec. 161.082. ADMINISTRATION AND ENFORCEMENT. (a) The
1-14 state treasurer is responsible for the administration and
1-15 enforcement of this subchapter and for compliance with related
1-16 provisions of the federal Alcohol, Drug Abuse and Mental Health
1-17 Administration Reorganization Act, Pub.L. 102-321, and the rules
1-18 prescribed under that law, except as otherwise provided by state
1-19 law.
1-20 (b) In administering and enforcing this subchapter, the
1-21 state treasurer has all rights and powers prescribed by Chapters
1-22 154 and 155, Tax Code.
1-23 (c) The state treasurer shall:
1-24 (1) conduct random and targeted unannounced
2-1 inspections of locations where cigarettes or tobacco products are
2-2 sold or delivered to ensure compliance with this subchapter and as
2-3 necessary to comply with related provisions of the federal Alcohol,
2-4 Drug Abuse and Mental Health Administration Reorganization Act,
2-5 Pub.L. 102-321, and the rules prescribed under that law;
2-6 (2) establish a system to allow persons to report the
2-7 sale or delivery of cigarettes or tobacco products to a person
2-8 younger than 18 years of age, including a sale or delivery by a
2-9 permit holder;
2-10 (3) maintain statistics and information relating to
2-11 violations of this subchapter and related provisions of the Tax
2-12 Code and the activities carried out to enforce this subchapter and
2-13 related provisions of the Tax Code;
2-14 (4) provide statistics and information to the Texas
2-15 Commission on Alcohol and Drug Abuse relating to violations of this
2-16 subchapter and the activities carried out by this state to enforce
2-17 this subchapter and related provisions of the Tax Code;
2-18 (5) prescribe by rule the design and size of the sign
2-19 required by Section 161.084; and
2-20 (6) adopt rules relating to:
2-21 (A) the administration and enforcement of this
2-22 subchapter, including the inspection and reporting requirements of
2-23 this subchapter;
2-24 (B) administrative proceedings for violations of
2-25 this subchapter and Chapters 154 and 155, Tax Code; and
2-26 (C) any other matter necessary to comply with
2-27 related provisions of the federal Alcohol, Drug Abuse and Mental
3-1 Health Administration Reorganization Act, Pub.L. 102-321, and the
3-2 rules prescribed under that law.
3-3 (d) The Texas Commission on Alcohol and Drug Abuse shall:
3-4 (1) submit to the federal government reports necessary
3-5 to comply with the federal Alcohol, Drug Abuse and Mental Health
3-6 Administration Reorganization Act, Pub.L. 102-321, and the rules
3-7 prescribed under that law;
3-8 (2) obtain from the state treasurer and the Central
3-9 Education Agency statistics and information relating to violations
3-10 of this subchapter and reports relating to activities carried out
3-11 by this state to enforce this subchapter; and
3-12 (3) adopt rules relating to the reporting requirements
3-13 prescribed by the federal Alcohol, Drug Abuse and Mental Health
3-14 Administration Reorganization Act, Pub.L. 102-321, and the rules
3-15 prescribed under that law.
3-16 (e) Before submitting a proposed rule for publication
3-17 relating to the inspection and reporting requirements of Subsection
3-18 (c) or (d), the state treasurer and the Texas Commission on Alcohol
3-19 and Drug Abuse shall consult with each other regarding the rule.
3-20 (f) The state treasurer and the Texas Commission on Alcohol
3-21 and Drug Abuse shall develop strategies to increase compliance with
3-22 this subchapter.
3-23 (g) Subject to Subsection (h), the state treasurer may
3-24 delegate to the Texas Department of Health or the Texas Alcoholic
3-25 Beverage Commission authority to enforce this subchapter and may
3-26 contract with the Texas Department of Health or the Texas Alcoholic
3-27 Beverage Commission as necessary to administer or enforce this
4-1 subchapter.
4-2 (h) The state treasurer may not delegate to or contract with
4-3 the Texas Department of Health or the Texas Alcoholic Beverage
4-4 Commission regarding authority to:
4-5 (1) hold administrative hearings under this subchapter
4-6 or Chapters 154 and 155, Tax Code; or
4-7 (2) impose administrative penalties, including
4-8 suspending or revoking permits, under this subchapter or Chapters
4-9 154 and 155, Tax Code.
4-10 Sec. 161.083. SALE OR DISTRIBUTION OF CIGARETTES OR TOBACCO
4-11 PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE <MINORS>
4-12 PROHIBITED. <(a)> A person commits an offense if the person, as a
4-13 commercial enterprise:
4-14 (1) with criminal negligence, sells, gives, or causes
4-15 to be sold or given a cigarette or other tobacco product to someone
4-16 who <the person knows> is younger than 18 years of age; or
4-17 (2) sells, gives, or causes to be sold or given a
4-18 cigarette or other tobacco product to another person, knowing that
4-19 the person receiving the cigarette or other tobacco product intends
4-20 to deliver it to someone who is younger than 18 years of age.
4-21 <(b) An offense under this section is a Class C misdemeanor.>
4-22 <(c) It is a defense to prosecution under this section that
4-23 the person to whom the cigarette or other tobacco product was sold
4-24 or given presented to the defendant an apparently valid Texas
4-25 driver's license or an identification card, issued by the
4-26 Department of Public Safety and containing a physical description
4-27 consistent with the person's appearance, that purported to
5-1 establish that the person was 18 years of age or older.>
5-2 Sec. 161.0831. PURCHASE OF CIGARETTES OR TOBACCO PRODUCTS BY
5-3 PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED. (a) A person
5-4 younger than 18 years of age commits an offense if the person
5-5 purchases a cigarette or other tobacco product.
5-6 (b) An offense under this section is a Class C misdemeanor.
5-7 Sec. 161.084 <161.082>. WARNING NOTICE. (a) Each person
5-8 who sells cigarettes or tobacco products at retail or by vending
5-9 machine shall post <a sign> in a location that is conspicuous to
5-10 all employees and customers and that is close to the place at which
5-11 cigarettes or <the> tobacco products may be purchased a sign that
5-12 states that sale or provision of cigarettes or tobacco products to
5-13 a person younger than 18 years of age is prohibited by law.
5-14 (b) The sign required by this section must be printed in
5-15 English and Spanish, state that identification may be required for
5-16 cigarette and tobacco product sales, and include a telephone number
5-17 that a person may call to report sales or deliveries of cigarettes
5-18 or tobacco products to persons younger than 18 years of age <must
5-19 include the statement:>
5-20 <SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER
5-21 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION,
5-22 A MAXIMUM FINE OF UP TO $200 MAY BE IMPOSED>.
5-23 (c) <The board by rule shall determine the design and size
5-24 of the sign.>
5-25 <(d) The department on request shall provide the sign
5-26 without charge to any person who sells cigarette products. The
5-27 department may provide the sign without charge to cigarette
6-1 distributors or wholesale dealers of cigarette products in this
6-2 state for distribution to persons who sell cigarette products. A
6-3 distributor or wholesale dealer may not charge for distributing a
6-4 sign under this subsection.>
6-5 <(e)> A person commits an offense if the person
6-6 <intentionally> fails to display a sign as prescribed by this
6-7 section or any rules promulgated by the state treasurer. <An
6-8 offense under this subsection is a Class C misdemeanor.>
6-9 Sec. 161.085. VENDING MACHINES. (a) A person may not
6-10 install or maintain a vending machine containing cigarettes or
6-11 tobacco products in a place that is generally accessible to persons
6-12 younger than 18 years of age, as defined by the state treasurer
6-13 under Subsection (c).
6-14 (b) Subsection (a) does not apply to:
6-15 (1) an industrial or manufacturing plant;
6-16 (2) a military installation;
6-17 (3) a bar, lounge, or other similar facility or
6-18 business where persons younger than 18 years of age are not allowed
6-19 entry unless accompanied by a parent or other adult acting in place
6-20 of a parent; or
6-21 (4) a private business office not generally accessible
6-22 to persons younger than 18 years of age.
6-23 (c) The state treasurer may prescribe such rules relating to
6-24 the location of vending machines containing cigarettes or tobacco
6-25 products as are necessary to comply with the federal rules adopted
6-26 under the federal Alcohol, Drug Abuse and Mental Health
6-27 Administration Reorganization Act, Pub.L. 102-321, relating to
7-1 restricting the access of persons under 18 years of age to
7-2 cigarettes and tobacco products.
7-3 (d) A person who violates this section or a rule prescribed
7-4 under authority of this section commits an offense.
7-5 Sec. 161.086. PREEMPTION OF LOCAL LAW. (a) This subchapter
7-6 does not affect the authority of a political subdivision to adopt
7-7 or enforce an ordinance or requirement, including penalties in the
7-8 form of fines, relating to the sale or distribution of cigarettes
7-9 or tobacco products to persons younger than 18 years of age if the
7-10 regulation, ordinance, or requirement:
7-11 (1) is equal to or more stringent than a requirement
7-12 prescribed by this subchapter or a rule prescribed under authority
7-13 of this subchapter; or
7-14 (2) relates to an issue that is not addressed by this
7-15 subchapter, Chapter 154 or 155, Tax Code, or a rule prescribed
7-16 under authority of this subchapter or Chapter 154 or 155, Tax Code.
7-17 (b) Notwithstanding any other provision of this subchapter,
7-18 Chapters 154 and 155, Tax Code, shall govern exclusively the
7-19 administration and enforcement related to permits for engaging in
7-20 business as a distributor, wholesaler, bonded agent, or retailer of
7-21 cigarettes in this state.
7-22 Sec. 161.087. REPORTS OF INSPECTIONS AND VIOLATIONS.
7-23 (a) Each municipality, county, state agency, or other governmental
7-24 unit that issues a citation or makes an inspection under this
7-25 subchapter shall notify the state treasurer of the issuance of a
7-26 citation and the inspection as required by the rules of the state
7-27 treasurer. The municipality, county, state agency, or other
8-1 governmental unit shall provide the state treasurer such supporting
8-2 documentation of inspections and prosecutions resulting from
8-3 violations of this subchapter as the treasurer may require by rule.
8-4 (b) A municipality, county, state agency, or other
8-5 governmental unit which makes inspections or issues citations under
8-6 a local ordinance, order, or resolution, Section 250.002, Local
8-7 Government Code, or other law intended to restrict the sale or
8-8 delivery of cigarettes and tobacco products to persons younger than
8-9 18 years of age shall maintain statistics and information relating
8-10 to violations of this subchapter and the local ordinance, order,
8-11 resolution, or other law and activities to enforce this subchapter
8-12 and the local ordinance, order, resolution, or other law. The
8-13 municipality, county, state agency, or other governmental unit
8-14 shall report the statistics and information maintained under this
8-15 subsection as required by the rules of the state treasurer.
8-16 Sec. 161.088. CRIMINAL PENALTY. An offense under Section
8-17 161.083, 161.084, or 161.085 is a Class C misdemeanor.
8-18 Sec. 161.089. ADMINISTRATIVE PENALTY. (a) The state
8-19 treasurer may impose an administrative penalty, as provided by this
8-20 section, against a person who violates Section 161.083 or 161.084
8-21 or a rule adopted under Section 161.085. Each day a violation
8-22 continues or occurs is a separate violation for purposes of
8-23 imposing a penalty.
8-24 (b) The penalty for a first violation may be in an amount
8-25 not to exceed $500.
8-26 (c) The penalty for a second or subsequent violation may be
8-27 in an amount not to exceed $2,000.
9-1 (d) The amount of the penalty shall be based on:
9-2 (1) the seriousness of the violation;
9-3 (2) the history of previous violations;
9-4 (3) the person's demonstrated good faith; and
9-5 (4) any other matter that justice may require.
9-6 (e) If the state treasurer determines that a violation has
9-7 occurred, the state treasurer shall give written notice of the
9-8 violation to the person not later than the 15th day after the date
9-9 of the determination. The notice shall be given by certified mail.
9-10 The notice must include a brief summary of the alleged violation
9-11 and a statement of the amount of the recommended penalty and must
9-12 inform the person that the person has a right to a hearing on the
9-13 occurrence of the violation, the amount of the penalty, or both the
9-14 occurrence of the violation and the amount of the penalty.
9-15 (f) Within 20 days after the date the person receives the
9-16 notice, the person may accept the determination by paying the
9-17 penalty to the state treasurer or may make a written request for a
9-18 hearing on the occurrence of the violation, the amount of the
9-19 penalty, or both the occurrence of the violation and the amount of
9-20 the penalty.
9-21 (g) If the person requests a hearing the state treasurer
9-22 shall set a hearing and give notice of the hearing to the person.
9-23 (h) The notice of the hearing shall be given to the person
9-24 under the Administrative Procedure and Texas Register Act (Article
9-25 6252-13a, Vernon's Texas Civil Statutes).
9-26 (i) If the person fails to timely respond to the notice, the
9-27 state treasurer shall begin collection efforts under Article
10-1 6252-5e, Revised Statutes.
10-2 (j) A penalty collected under this section shall be
10-3 deposited in the general revenue fund.
10-4 (k) All proceedings under this section are subject to the
10-5 Administrative Procedure and Texas Register Act (Article 6252-13a,
10-6 Vernon's Texas Civil Statutes).
10-7 Sec. 161.0891. CIVIL PENALTY. (a) A person is subject to a
10-8 civil penalty for each day during which the person is in violation
10-9 of Section 161.084 or a rule adopted under Section 161.085 and for
10-10 each act of violation of Section 161.083. The amount of the civil
10-11 penalty shall be not more than $500. If it is shown that the
10-12 person has been found to have violated Section 161.083 or Section
10-13 161.084 or a rule adopted under Section 161.085 once before, the
10-14 amount of the civil penalty shall be not more than $2,000.
10-15 (b) In determining the amount of the civil penalty, the
10-16 court shall consider:
10-17 (1) the person's previous violations, if any;
10-18 (2) the seriousness of the violation, including the
10-19 nature, circumstances, extent, and gravity of the violation;
10-20 (3) the demonstrated good faith of the person; and
10-21 (4) the amount necessary to deter future violations.
10-22 (c) At the request of the state treasurer or on the
10-23 initiative of the attorney general or a district or county
10-24 attorney, the attorney general or the appropriate district or
10-25 county attorney may institute and conduct the suit authorized by
10-26 this section in the name of the state.
10-27 (d) The state treasurer and the party bringing the suit may
11-1 recover reasonable expenses incurred in obtaining civil penalties,
11-2 including investigation costs, court costs, reasonable attorney
11-3 fees, witness fees, and deposition expenses.
11-4 (e) A penalty collected under this section shall be
11-5 deposited to the credit of the general revenue fund.
11-6 (f) The civil penalty authorized by this section is in
11-7 addition to any other civil, administrative, or criminal penalty
11-8 provided by law.
11-9 Sec. 161.0892. DISCIPLINARY ACTION FOR CERTAIN VIOLATIONS.
11-10 (a) If the state treasurer finds, after notice and hearing as
11-11 provided by Subchapter D, Chapter 154, or Subchapter C, Chapter
11-12 155, Tax Code, as applicable, that a permit holder has violated
11-13 this subchapter or rules adopted under this subchapter more than
11-14 twice within a period of 12 consecutive months the state treasurer
11-15 may revoke or suspend the permit. The state treasurer shall adopt
11-16 rules stating the time periods for which suspensions under this
11-17 section shall be effective and the conditions under which
11-18 revocations under this section shall be imposed.
11-19 (b) The state treasurer may revoke a person's permit if the
11-20 person sells cigarettes or tobacco products during a period in
11-21 which the permit has been suspended under this section.
11-22 Sec. 161.0893. DEFENSE. (a) It is a defense to
11-23 prosecution, or the imposition of administrative or civil penalties
11-24 or revocation or suspension of a permit, based on a violation of
11-25 Section 161.083 that the person to whom a cigarette or tobacco
11-26 product was sold or given presented to the defendant apparently
11-27 valid proof of identification that contained a physical description
12-1 and photograph consistent with the person's appearance, purported
12-2 to establish that the person was 18 years of age or older, and was
12-3 purportedly issued by a governmental agency.
12-4 (b) The proof of identification may include a driver's
12-5 license issued by this state or another state, a passport, or an
12-6 identification card issued by a state or the federal government.
12-7 Sec. 161.0894. LIABILITY FOR ACTIONS OF EMPLOYEE. With
12-8 respect to a prosecution of an employer or to the revocation or
12-9 suspension of a permit, based on a violation of Section 161.083 by
12-10 an employee, it is a defense that the employer acted in good faith
12-11 and did all of the following:
12-12 (1) conspicuously posted and reasonably maintained
12-13 appropriate signs in areas frequented by employees, such as near
12-14 time cards or in lunchrooms, reminding the employees of the
12-15 provisions of this subchapter and the penalties provided hereunder;
12-16 (2) conspicuously posted and reasonably maintained
12-17 signs on or near any cash register or comparable area reminding
12-18 employees to ask for proof of identification before selling
12-19 cigarettes or tobacco products if there is any doubt as to the
12-20 customer being younger than 18 years of age;
12-21 (3) provided the employee a copy of this subchapter or
12-22 a reasonable summary of this subchapter and required the employee
12-23 to sign a statement that the copy or the summary was received and
12-24 understood and that the employee will uphold the law;
12-25 (4) provided the employee with a written list of the
12-26 types of proof of identification that are deemed valid by the state
12-27 to establish legal age under this subchapter; and
13-1 (5) if the employee has violated this subchapter more
13-2 than once:
13-3 (A) promptly terminated the employee's
13-4 employment; or
13-5 (B) promptly reassigned the employee to a
13-6 position in which the employee is prohibited from selling and does
13-7 not sell cigarettes or tobacco products for a period of one year
13-8 from the date of the employee's last violation.
13-9 SECTION 3. Subsection (a), Section 154.114, Tax Code, is
13-10 amended to read as follows:
13-11 (a) The treasurer may suspend or revoke a distributor's,
13-12 wholesaler's, bonded agent's, or retailer's permit if the treasurer
13-13 finds, after notice and hearing as provided by this section, that
13-14 the permit holder violated this chapter or an administrative rule
13-15 made under this chapter or Section 161.083, 161.084, or 161.085,
13-16 Health and Safety Code, or a rule promulgated thereunder.
13-17 SECTION 4. Subsection (a), Section 155.059, Tax Code, is
13-18 amended to read as follows:
13-19 (a) The treasurer may revoke or suspend a distributor's,
13-20 wholesaler's, bonded agent's, or retailer's permit if the treasurer
13-21 finds, after notice and hearing as provided by this section, that
13-22 the permit holder violated this chapter or an administrative rule
13-23 made under this chapter or Section 161.083, 161.084, or 161.085,
13-24 Health and Safety Code, or a rule promulgated thereunder.
13-25 SECTION 5. Subsection (a), Section 154.403, Tax Code, is
13-26 amended to read as follows:
13-27 (a) The treasurer with or without process may seize:
14-1 (1) cigarettes taxed under this chapter that are
14-2 possessed or controlled by a person for the purpose of selling or
14-3 removing the cigarettes in violation of this chapter;
14-4 (2) cigarettes that are removed, deposited, or
14-5 concealed by a person intending to avoid payment of taxes imposed
14-6 by this chapter;
14-7 (3) an automobile, boat, conveyance, or other type of
14-8 vehicle used to remove or transport cigarettes by a person
14-9 intending to avoid payment of taxes imposed by this chapter; <and>
14-10 (4) equipment, paraphernalia, or other tangible
14-11 personal property used by a person intending to avoid payment of
14-12 taxes imposed by this chapter found in the place where the
14-13 cigarettes are found; and
14-14 (5) a vending machine for a third or subsequent
14-15 violation of Section 161.085, Health and Safety Code, or a rule
14-16 adopted under that section or a violation of this chapter.
14-17 SECTION 6. Section 154.304, Tax Code, is amended to read as
14-18 follows:
14-19 Sec. 154.304. INSPECTION. (a) To determine the tax
14-20 liability of a person dealing in cigarettes or the person's
14-21 compliance with any provisions of this chapter or Subchapter H,
14-22 Chapter 161, Health and Safety Code, the treasurer may during
14-23 business hours:
14-24 (1) inspect any place of business <premises>,
14-25 including a vehicle or a vending machine and its contents, where
14-26 cigarettes are manufactured, produced, stored, transported, sold,
14-27 or offered for sale or exchange;
15-1 (2) remain on the premises as long as necessary during
15-2 business hours to determine the tax liability;
15-3 (3) examine the records required by this chapter or
15-4 other records, books, documents, papers, accounts, and objects that
15-5 the treasurer determines are necessary for conducting a complete
15-6 examination; and
15-7 (4) examine stocks of cigarettes and cigarette stamps.
15-8 (b) A person dealing in cigarettes may not during business
15-9 hours:
15-10 (1) fail to produce, on the treasurer's demand,
15-11 records required by this chapter; or
15-12 (2) hinder or prevent the inspection of records or the
15-13 examination of the premises.
15-14 SECTION 7. Section 154.512, Tax Code, is amended to read as
15-15 follows:
15-16 Sec. 154.512. REFUSAL OF INSPECTION <OF PREMISES>. A person
15-17 commits an offense if the person refuses to permit a complete
15-18 inspection during business hours by an authorized representative of
15-19 the treasurer of any place of business <premises> where cigarettes
15-20 are manufactured, produced, stored, transported, sold, or offered
15-21 for sale or exchange, or fails to produce, on the treasurer's
15-22 demand, records required by this chapter.
15-23 SECTION 8. Section 155.183, Tax Code, is amended to read as
15-24 follows:
15-25 Sec. 155.183. INSPECTION. (a) To determine the tax
15-26 liability of a person dealing in tobacco products or the person's
15-27 compliance with any provisions of this chapter or Subchapter H,
16-1 Chapter 161, Health and Safety Code, the treasurer may during
16-2 business hours:
16-3 (1) inspect any place of business <premises>,
16-4 including a vehicle or a vending machine and its contents, where
16-5 tobacco products are manufactured, produced, stored, transported,
16-6 sold, or offered for sale or exchange;
16-7 (2) remain on the premises as long as necessary during
16-8 business hours <to determine the tax liability>;
16-9 (3) examine the records required by this chapter or
16-10 other records, books, documents, papers, accounts, and objects that
16-11 the treasurer determines are necessary for conducting a complete
16-12 examination; and
16-13 (4) examine stocks of tobacco products.
16-14 (b) A person dealing in tobacco products may not during
16-15 business hours:
16-16 (1) fail to produce, on the treasurer's demand,
16-17 records required by this chapter; or
16-18 (2) hinder or prevent the inspection of records or the
16-19 examination of the premises.
16-20 SECTION 9. Section 155.210, Tax Code, is amended to read as
16-21 follows:
16-22 Sec. 155.210. REFUSAL OF INSPECTION <OF PREMISES>. A person
16-23 commits an offense if the person refuses to permit a complete
16-24 inspection during business hours by an authorized representative of
16-25 the treasurer of any place of business <premises> where tobacco
16-26 products are manufactured, produced, stored, transported, sold, or
16-27 offered for sale or exchange or fails to produce, on the
17-1 treasurer's demand, records required by this chapter.
17-2 SECTION 10. Chapter 250, Local Government Code, is amended
17-3 by adding Section 250.002 to read as follows:
17-4 Sec. 250.002. LOCAL ENFORCEMENT OF PROHIBITIONS ON SALE OR
17-5 DISTRIBUTION OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER
17-6 THAN 18. (a) The governing body of a municipality or county may
17-7 grant authority under this section to a municipal or county
17-8 employee who is not a peace officer and who is employed by:
17-9 (1) a health authority appointed under Section
17-10 121.021, Health and Safety Code;
17-11 (2) a local health department established under
17-12 Section 121.031, Health and Safety Code; or
17-13 (3) a public health district established under Section
17-14 121.041, Health and Safety Code.
17-15 (b) The governing body may grant to the employee the power
17-16 to conduct random unannounced inspections of locations where
17-17 cigarettes or tobacco products are sold or delivered within the
17-18 territorial limits of the municipality or county.
17-19 (c) The governing body may also grant to the employee the
17-20 authority to issue a citation in the territorial limits of the
17-21 municipality or county to enforce a provision of Subchapter H,
17-22 Chapter 161, Health and Safety Code. The citation must state the
17-23 name of the person cited, the violation charged, and the time and
17-24 place the person is required to appear in court.
17-25 (d) The court in which a person who receives a citation
17-26 under Subsection (c) is to appear may issue an arrest warrant for
17-27 the person for the violation described in the citation if the
18-1 person fails to appear on or before the return date stated in the
18-2 citation.
18-3 (e) County courts, justice courts, and municipal courts,
18-4 including municipal courts of record, have jurisdiction in all
18-5 criminal cases arising under this section that:
18-6 (1) arise within the territorial limits of the
18-7 municipality or county, as appropriate; and
18-8 (2) are punishable only by a fine not to exceed
18-9 $2,000.
18-10 (f) Subsection (e) prevails over any other provision of law,
18-11 ordinance, or charter.
18-12 SECTION 11. Section 21.927, Education Code, is amended to
18-13 read as follows:
18-14 Sec. 21.927. SMOKING AND USE OF OTHER TOBACCO PRODUCTS ON
18-15 SCHOOL PROPERTY. The board of trustees of a school district shall
18-16 prohibit <students from> smoking and the use of <or using> tobacco
18-17 products at any school related or sanctioned activity on or off
18-18 school property and shall instruct school personnel to enforce the
18-19 policy against smoking and the use of tobacco products on school
18-20 property. It shall be the responsibility of the Central Education
18-21 Agency to monitor and enforce this provision of the law.
18-22 SECTION 12. (a) Except as provided by Subsection (b) of
18-23 this section, this Act takes effect September 1, 1993.
18-24 (b) Sections 1 through 10 of this Act take effect only if
18-25 the administration and enforcement of the program provided by this
18-26 Act are funded through provisions of S.B. No. 5, Acts of the 73rd
18-27 Legislature, Regular Session, 1993. If such funding is not
19-1 provided or if the bill providing the funding is not finally passed
19-2 and approved by the governor, those sections have no effect.
19-3 SECTION 13. (a) The change in law made by this Act applies
19-4 only to an offense committed on or after the effective date of this
19-5 Act. For purposes of this subsection, an offense is committed
19-6 before the effective date of this Act if any element of the offense
19-7 occurs before that date. An offense committed before the effective
19-8 date of this Act is governed by the law in effect when the offense
19-9 was committed, and the former law is continued in effect for this
19-10 purpose.
19-11 (b) This Act applies to the sale or distribution of
19-12 cigarettes or tobacco products on or after the effective date of
19-13 this Act. The sale or distribution of a cigarette or tobacco
19-14 product before the effective date of this Act is governed by the
19-15 law in effect when the sale or distribution was made, and that law
19-16 is continued in effect for that purpose.
19-17 SECTION 14. The importance of this legislation and the
19-18 crowded condition of the calendars in both houses create an
19-19 emergency and an imperative public necessity that the
19-20 constitutional rule requiring bills to be read on three several
19-21 days in each house be suspended, and this rule is hereby suspended.