1-1 By: Zaffirini, et al. S.B. No. 373
1-2 (In the Senate - Filed February 17, 1993; February 17, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 20, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 20, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 373 By: Leedom
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the regulation of the sale, distribution, or use of
1-26 cigarettes and tobacco products; providing penalties.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. This Act may be cited as the Children's Tobacco
1-29 Prevention and Enforcement Act.
1-30 SECTION 2. Subchapter H, Chapter 161, Health and Safety
1-31 Code, is amended to read as follows:
1-32 SUBCHAPTER H. SALE OF CIGARETTES OR TOBACCO
1-33 PRODUCTS <TO MINORS>
1-34 Sec. 161.081. DEFINITION. In this subchapter, "permit
1-35 holder" has the meaning assigned by Section 154.001 or 155.001, Tax
1-36 Code, as applicable.
1-37 Sec. 161.082. ADMINISTRATION AND ENFORCEMENT. (a) The
1-38 state treasurer is responsible for the administration and
1-39 enforcement of this subchapter and for compliance with related
1-40 provisions of the federal Alcohol, Drug Abuse and Mental Health
1-41 Administration Reorganization Act, Pub.L. 102-321, and the rules
1-42 prescribed under that law, except as otherwise provided by state
1-43 law.
1-44 (b) In administering and enforcing this subchapter, the
1-45 state treasurer has all rights and powers prescribed by Chapters
1-46 154 and 155, Tax Code.
1-47 (c) The state treasurer shall:
1-48 (1) conduct random and targeted unannounced
1-49 inspections of locations where cigarettes or tobacco products are
1-50 sold or delivered to ensure compliance with this subchapter and as
1-51 necessary to comply with related provisions of the federal Alcohol,
1-52 Drug Abuse and Mental Health Administration Reorganization Act,
1-53 Pub.L. 102-321, and the rules prescribed under that law;
1-54 (2) establish a system to allow persons to report the
1-55 sale or delivery of cigarettes or tobacco products to a person
1-56 younger than 18 years of age, including a sale or delivery by a
1-57 permit holder;
1-58 (3) maintain statistics and information relating to
1-59 violations of this subchapter and related provisions of the Tax
1-60 Code and the activities carried out to enforce this subchapter and
1-61 related provisions of the Tax Code;
1-62 (4) provide statistics and information to the Texas
1-63 Commission on Alcohol and Drug Abuse relating to violations of this
1-64 subchapter and the activities carried out by this state to enforce
1-65 this subchapter and related provisions of the Tax Code;
1-66 (5) prescribe by rule the design and size of the sign
1-67 required by Section 161.084; and
1-68 (6) adopt rules relating to:
2-1 (A) the administration and enforcement of this
2-2 subchapter, including the inspection and reporting requirements of
2-3 this subchapter;
2-4 (B) administrative proceedings for violations of
2-5 this subchapter and Chapters 154 and 155, Tax Code; and
2-6 (C) any other matter necessary to comply with
2-7 related provisions of the federal Alcohol, Drug Abuse and Mental
2-8 Health Administration Reorganization Act, Pub.L. 102-321, and the
2-9 rules prescribed under that law.
2-10 (d) The Texas Commission on Alcohol and Drug Abuse shall:
2-11 (1) submit to the federal government reports necessary
2-12 to comply with the federal Alcohol, Drug Abuse and Mental Health
2-13 Administration Reorganization Act, Pub.L. 102-321, and the rules
2-14 prescribed under that law;
2-15 (2) obtain from the state treasurer and the Central
2-16 Education Agency statistics and information relating to violations
2-17 of this subchapter and reports relating to activities carried out
2-18 by this state to enforce this subchapter; and
2-19 (3) adopt rules relating to the reporting requirements
2-20 prescribed by the federal Alcohol, Drug Abuse and Mental Health
2-21 Administration Reorganization Act, Pub.L. 102-321, and the rules
2-22 prescribed under that law.
2-23 (e) Before submitting a proposed rule for publication
2-24 relating to the inspection and reporting requirements of Subsection
2-25 (c) or (d), the state treasurer and the Texas Commission on Alcohol
2-26 and Drug Abuse shall consult with each other regarding the rule.
2-27 (f) The state treasurer and the Texas Commission on Alcohol
2-28 and Drug Abuse shall develop strategies to increase compliance with
2-29 this subchapter.
2-30 (g) Subject to Subsection (h), the state treasurer may
2-31 delegate to the Texas Department of Health or the Texas Alcoholic
2-32 Beverage Commission authority to enforce this subchapter and may
2-33 contract with the Texas Department of Health or the Texas Alcoholic
2-34 Beverage Commission as necessary to administer or enforce this
2-35 subchapter.
2-36 (h) The state treasurer may not delegate to or contract with
2-37 the Texas Department of Health or the Texas Alcoholic Beverage
2-38 Commission regarding authority to:
2-39 (1) hold administrative hearings under this subchapter
2-40 or Chapters 154 and 155, Tax Code; or
2-41 (2) impose administrative penalties, including
2-42 suspending or revoking permits, under this subchapter or Chapters
2-43 154 and 155, Tax Code.
2-44 Sec. 161.083. SALE OR DISTRIBUTION OF CIGARETTES OR TOBACCO
2-45 PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE <MINORS>
2-46 PROHIBITED. <(a)> A person commits an offense if the person, as a
2-47 commercial enterprise:
2-48 (1) with criminal negligence, sells, gives, or causes
2-49 to be sold or given a cigarette or other tobacco product to someone
2-50 who <the person knows> is younger than 18 years of age; or
2-51 (2) sells, gives, or causes to be sold or given a
2-52 cigarette or other tobacco product to another person, knowing that
2-53 the person receiving the cigarette or other tobacco product intends
2-54 to deliver it to someone who is younger than 18 years of age.
2-55 <(b) An offense under this section is a Class C misdemeanor.>
2-56 <(c) It is a defense to prosecution under this section that
2-57 the person to whom the cigarette or other tobacco product was sold
2-58 or given presented to the defendant an apparently valid Texas
2-59 driver's license or an identification card, issued by the
2-60 Department of Public Safety and containing a physical description
2-61 consistent with the person's appearance, that purported to
2-62 establish that the person was 18 years of age or older.>
2-63 Sec. 161.084 <161.082>. WARNING NOTICE. (a) Each person
2-64 who sells cigarettes or tobacco products at retail or by vending
2-65 machine shall post <a sign> in a location that is conspicuous to
2-66 all employees and customers and that is close to the place at which
2-67 cigarettes or <the> tobacco products may be purchased a sign that
2-68 states that sale or provision of cigarettes or tobacco products to
2-69 a person younger than 18 years of age is prohibited by law.
2-70 (b) The sign required by this section must be printed in
3-1 English and Spanish, state that identification may be required for
3-2 cigarette and tobacco product sales, and include a telephone number
3-3 that a person may call to report sales or deliveries of cigarettes
3-4 or tobacco products to persons younger than 18 years of age <must
3-5 include the statement:>
3-6 <SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER
3-7 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION,
3-8 A MAXIMUM FINE OF UP TO $200 MAY BE IMPOSED>.
3-9 (c) <The board by rule shall determine the design and size
3-10 of the sign.>
3-11 <(d) The department on request shall provide the sign
3-12 without charge to any person who sells cigarette products. The
3-13 department may provide the sign without charge to cigarette
3-14 distributors or wholesale dealers of cigarette products in this
3-15 state for distribution to persons who sell cigarette products. A
3-16 distributor or wholesale dealer may not charge for distributing a
3-17 sign under this subsection.>
3-18 <(e)> A person commits an offense if the person
3-19 <intentionally> fails to display a sign as prescribed by this
3-20 section or any rules promulgated by the state treasurer. <An
3-21 offense under this subsection is a Class C misdemeanor.>
3-22 Sec. 161.085. VENDING MACHINES. (a) A person may not
3-23 install or maintain a vending machine containing cigarettes or
3-24 tobacco products in a place that is generally accessible to persons
3-25 younger than 18 years of age, as defined by the state treasurer
3-26 under Subsection (c).
3-27 (b) Subsection (a) does not apply to:
3-28 (1) an industrial or manufacturing plant;
3-29 (2) a military installation;
3-30 (3) a bar, lounge, or other similar facility or
3-31 business where persons younger than 18 years of age are not allowed
3-32 entry unless accompanied by a parent or other adult acting in place
3-33 of a parent; or
3-34 (4) a private business office not generally accessible
3-35 to persons younger than 18 years of age.
3-36 (c) The state treasurer may prescribe such rules relating to
3-37 the location of vending machines containing cigarettes or tobacco
3-38 products as are necessary to comply with the federal rules adopted
3-39 under the federal Alcohol, Drug Abuse and Mental Health
3-40 Administration Reorganization Act, Pub.L. 102-321, relating to
3-41 restricting the access of persons under 18 years of age to
3-42 cigarettes and tobacco products.
3-43 (d) A person who violates this section or a rule prescribed
3-44 under authority of this section commits an offense.
3-45 Sec. 161.086. PREEMPTION OF LOCAL LAW. (a) This subchapter
3-46 does not affect the authority of a political subdivision to adopt
3-47 or enforce an ordinance or requirement, including penalties in the
3-48 form of fines, relating to the sale or distribution of cigarettes
3-49 or tobacco products to persons younger than 18 years of age if the
3-50 regulation, ordinance, or requirement:
3-51 (1) is equal to or more stringent than a requirement
3-52 prescribed by this subchapter or a rule prescribed under authority
3-53 of this subchapter; or
3-54 (2) relates to an issue that is not addressed by this
3-55 subchapter, Chapter 154 or 155, Tax Code, or a rule prescribed
3-56 under authority of this subchapter or Chapter 154 or 155, Tax Code.
3-57 (b) Notwithstanding any other provision of this subchapter,
3-58 Chapters 154 and 155, Tax Code, shall govern exclusively the
3-59 administration and enforcement related to permits for engaging in
3-60 business as a distributor, wholesaler, bonded agent, or retailer of
3-61 cigarettes in this state.
3-62 Sec. 161.087. REPORTS OF INSPECTIONS AND VIOLATIONS.
3-63 (a) Each municipality, county, state agency, or other governmental
3-64 unit that issues a citation or makes an inspection under this
3-65 subchapter shall notify the state treasurer of the issuance of a
3-66 citation and the inspection as required by the rules of the state
3-67 treasurer. The municipality, county, state agency, or other
3-68 governmental unit shall provide the state treasurer such supporting
3-69 documentation of inspections and prosecutions resulting from
3-70 violations of this subchapter as the treasurer may require by rule.
4-1 (b) A municipality, county, state agency, or other
4-2 governmental unit which makes inspections or issues citations under
4-3 a local ordinance, order, or resolution, Section 250.002, Local
4-4 Government Code, or other law intended to restrict the sale or
4-5 delivery of cigarettes and tobacco products to persons younger than
4-6 18 years of age shall maintain statistics and information relating
4-7 to violations of this subchapter and the local ordinance, order,
4-8 resolution, or other law and activities to enforce this subchapter
4-9 and the local ordinance, order, resolution, or other law. The
4-10 municipality, county, state agency, or other governmental unit
4-11 shall report the statistics and information maintained under this
4-12 subsection as required by the rules of the state treasurer.
4-13 Sec. 161.088. CRIMINAL PENALTY. An offense under Section
4-14 161.083, 161.084, or 161.085 is a Class C misdemeanor.
4-15 Sec. 161.089. ADMINISTRATIVE PENALTY. (a) The state
4-16 treasurer may impose an administrative penalty, as provided by this
4-17 section, against a person who violates Section 161.083 or 161.084
4-18 or a rule adopted under Section 161.085. Each day a violation
4-19 continues or occurs is a separate violation for purposes of
4-20 imposing a penalty.
4-21 (b) The penalty for a first violation may be in an amount
4-22 not to exceed $500.
4-23 (c) The penalty for a second or subsequent violation may be
4-24 in an amount not to exceed $2,000.
4-25 (d) The amount of the penalty shall be based on:
4-26 (1) the seriousness of the violation;
4-27 (2) the history of previous violations;
4-28 (3) the person's demonstrated good faith; and
4-29 (4) any other matter that justice may require.
4-30 (e) If the state treasurer determines that a violation has
4-31 occurred, the state treasurer shall give written notice of the
4-32 violation to the person not later than the 15th day after the date
4-33 of the determination. The notice shall be given by certified mail.
4-34 The notice must include a brief summary of the alleged violation
4-35 and a statement of the amount of the recommended penalty and must
4-36 inform the person that the person has a right to a hearing on the
4-37 occurrence of the violation, the amount of the penalty, or both the
4-38 occurrence of the violation and the amount of the penalty.
4-39 (f) Within 20 days after the date the person receives the
4-40 notice, the person may accept the determination by paying the
4-41 penalty to the state treasurer or may make a written request for a
4-42 hearing on the occurrence of the violation, the amount of the
4-43 penalty, or both the occurrence of the violation and the amount of
4-44 the penalty.
4-45 (g) If the person requests a hearing the state treasurer
4-46 shall set a hearing and give notice of the hearing to the person.
4-47 (h) The notice of the hearing shall be given to the person
4-48 under the Administrative Procedure and Texas Register Act (Article
4-49 6252-13a, Vernon's Texas Civil Statutes).
4-50 (i) If the person fails to timely respond to the notice, the
4-51 state treasurer shall begin collection efforts under Article
4-52 6252-5e, Revised Statutes.
4-53 (j) A penalty collected under this section shall be
4-54 deposited in the general revenue fund.
4-55 (k) All proceedings under this section are subject to the
4-56 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-57 Vernon's Texas Civil Statutes).
4-58 Sec. 161.0891. CIVIL PENALTY. (a) A person is subject to a
4-59 civil penalty for each day during which the person is in violation
4-60 of Section 161.084 or a rule adopted under Section 161.085 and for
4-61 each act of violation of Section 161.083. The amount of the civil
4-62 penalty shall be not more than $500. If it is shown that the
4-63 person has been found to have violated Section 161.083 or Section
4-64 161.084 or a rule adopted under Section 161.085 once before, the
4-65 amount of the civil penalty shall be not more than $2,000.
4-66 (b) In determining the amount of the civil penalty, the
4-67 court shall consider:
4-68 (1) the person's previous violations, if any;
4-69 (2) the seriousness of the violation, including the
4-70 nature, circumstances, extent, and gravity of the violation;
5-1 (3) the demonstrated good faith of the person; and
5-2 (4) the amount necessary to deter future violations.
5-3 (c) At the request of the state treasurer or on the
5-4 initiative of the attorney general or a district or county
5-5 attorney, the attorney general or the appropriate district or
5-6 county attorney may institute and conduct the suit authorized by
5-7 this section in the name of the state.
5-8 (d) The state treasurer and the party bringing the suit may
5-9 recover reasonable expenses incurred in obtaining civil penalties,
5-10 including investigation costs, court costs, reasonable attorney
5-11 fees, witness fees, and deposition expenses.
5-12 (e) A penalty collected under this section shall be
5-13 deposited to the credit of the general revenue fund.
5-14 (f) The civil penalty authorized by this section is in
5-15 addition to any other civil, administrative, or criminal penalty
5-16 provided by law.
5-17 Sec. 161.0892. DISCIPLINARY ACTION FOR CERTAIN VIOLATIONS.
5-18 (a) If the state treasurer finds, after notice and hearing as
5-19 provided by Subchapter D, Chapter 154, or Subchapter C, Chapter
5-20 155, Tax Code, as applicable, that a permit holder has violated
5-21 this subchapter or rules adopted under this subchapter more than
5-22 twice within a period of 12 consecutive months the state treasurer
5-23 may revoke or suspend the permit. The state treasurer shall adopt
5-24 rules stating the time periods for which suspensions under this
5-25 section shall be effective and the conditions under which
5-26 revocations under this section shall be imposed.
5-27 (b) The state treasurer may revoke a person's permit if the
5-28 person sells cigarettes or tobacco products during a period in
5-29 which the permit has been suspended under this section.
5-30 Sec. 161.0893. DEFENSE. (a) It is a defense to
5-31 prosecution, or the imposition of administrative or civil penalties
5-32 or revocation or suspension of a permit, based on a violation of
5-33 Section 161.083 that the person to whom a cigarette or tobacco
5-34 product was sold or given presented to the defendant apparently
5-35 valid proof of identification that contained a physical description
5-36 and photograph consistent with the person's appearance, purported
5-37 to establish that the person was 18 years of age or older, and was
5-38 purportedly issued by a governmental agency.
5-39 (b) The proof of identification may include a driver's
5-40 license issued by this state or another state, a passport, or an
5-41 identification card issued by a state or the federal government.
5-42 Sec. 161.0894. LIABILITY FOR ACTIONS OF EMPLOYEE. With
5-43 respect to a prosecution of an employer or to the revocation or
5-44 suspension of a permit, based on a violation of Section 161.083 by
5-45 an employee, it is a defense that the employer acted in good faith
5-46 and did all of the following:
5-47 (1) conspicuously posted and reasonably maintained
5-48 appropriate signs in areas frequented by employees, such as near
5-49 time cards or in lunchrooms, reminding the employees of the
5-50 provisions of this subchapter and the penalties provided hereunder;
5-51 (2) conspicuously posted and reasonably maintained
5-52 signs on or near any cash register or comparable area reminding
5-53 employees to ask for proof of identification before selling
5-54 cigarettes or tobacco products if there is any doubt as to the
5-55 customer being younger than 18 years of age;
5-56 (3) provided the employee a copy of this subchapter or
5-57 a reasonable summary of this subchapter and required the employee
5-58 to sign a statement that the copy or the summary was received and
5-59 understood and that the employee will uphold the law;
5-60 (4) provided the employee with a written list of the
5-61 types of proof of identification that are deemed valid by the state
5-62 to establish legal age under this subchapter; and
5-63 (5) if the employee has violated this subchapter more
5-64 than once:
5-65 (A) promptly terminated the employee's
5-66 employment; or
5-67 (B) promptly reassigned the employee to a
5-68 position in which the employee is prohibited from selling and does
5-69 not sell cigarettes or tobacco products for a period of one year
5-70 from the date of the employee's last violation.
6-1 SECTION 3. Subsection (a), Section 154.114, Tax Code, is
6-2 amended to read as follows:
6-3 (a) The treasurer may suspend or revoke a distributor's,
6-4 wholesaler's, bonded agent's, or retailer's permit if the treasurer
6-5 finds, after notice and hearing as provided by this section, that
6-6 the permit holder violated this chapter or an administrative rule
6-7 made under this chapter or Section 161.083, 161.084, or 161.085,
6-8 Health and Safety Code, or a rule promulgated thereunder.
6-9 SECTION 4. Subsection (a), Section 155.059, Tax Code, is
6-10 amended to read as follows:
6-11 (a) The treasurer may revoke or suspend a distributor's,
6-12 wholesaler's, bonded agent's, or retailer's permit if the treasurer
6-13 finds, after notice and hearing as provided by this section, that
6-14 the permit holder violated this chapter or an administrative rule
6-15 made under this chapter or Section 161.083, 161.084, or 161.085,
6-16 Health and Safety Code, or a rule promulgated thereunder.
6-17 SECTION 5. Subsection (a), Section 154.403, Tax Code, is
6-18 amended to read as follows:
6-19 (a) The treasurer with or without process may seize:
6-20 (1) cigarettes taxed under this chapter that are
6-21 possessed or controlled by a person for the purpose of selling or
6-22 removing the cigarettes in violation of this chapter;
6-23 (2) cigarettes that are removed, deposited, or
6-24 concealed by a person intending to avoid payment of taxes imposed
6-25 by this chapter;
6-26 (3) an automobile, boat, conveyance, or other type of
6-27 vehicle used to remove or transport cigarettes by a person
6-28 intending to avoid payment of taxes imposed by this chapter; <and>
6-29 (4) equipment, paraphernalia, or other tangible
6-30 personal property used by a person intending to avoid payment of
6-31 taxes imposed by this chapter found in the place where the
6-32 cigarettes are found; and
6-33 (5) a vending machine for a third or subsequent
6-34 violation of Section 161.085, Health and Safety Code, or a rule
6-35 adopted under that section or a violation of this chapter.
6-36 SECTION 6. Section 154.304, Tax Code, is amended to read as
6-37 follows:
6-38 Sec. 154.304. INSPECTION. (a) To determine the tax
6-39 liability of a person dealing in cigarettes or the person's
6-40 compliance with any provisions of this chapter or Subchapter H,
6-41 Chapter 161, Health and Safety Code, the treasurer may during
6-42 business hours:
6-43 (1) inspect any place of business <premises>,
6-44 including a vehicle or a vending machine and its contents, where
6-45 cigarettes are manufactured, produced, stored, transported, sold,
6-46 or offered for sale or exchange;
6-47 (2) remain on the premises as long as necessary during
6-48 business hours to determine the tax liability;
6-49 (3) examine the records required by this chapter or
6-50 other records, books, documents, papers, accounts, and objects that
6-51 the treasurer determines are necessary for conducting a complete
6-52 examination; and
6-53 (4) examine stocks of cigarettes and cigarette stamps.
6-54 (b) A person dealing in cigarettes may not during business
6-55 hours:
6-56 (1) fail to produce, on the treasurer's demand,
6-57 records required by this chapter; or
6-58 (2) hinder or prevent the inspection of records or the
6-59 examination of the premises.
6-60 SECTION 7. Section 154.512, Tax Code, is amended to read as
6-61 follows:
6-62 Sec. 154.512. REFUSAL OF INSPECTION <OF PREMISES>. A person
6-63 commits an offense if the person refuses to permit a complete
6-64 inspection during business hours by an authorized representative of
6-65 the treasurer of any place of business <premises> where cigarettes
6-66 are manufactured, produced, stored, transported, sold, or offered
6-67 for sale or exchange, or fails to produce, on the treasurer's
6-68 demand, records required by this chapter.
6-69 SECTION 8. Section 155.183, Tax Code, is amended to read as
6-70 follows:
7-1 Sec. 155.183. INSPECTION. (a) To determine the tax
7-2 liability of a person dealing in tobacco products or the person's
7-3 compliance with any provisions of this chapter or Subchapter H,
7-4 Chapter 161, Health and Safety Code, the treasurer may during
7-5 business hours:
7-6 (1) inspect any place of business <premises>,
7-7 including a vehicle or a vending machine and its contents, where
7-8 tobacco products are manufactured, produced, stored, transported,
7-9 sold, or offered for sale or exchange;
7-10 (2) remain on the premises as long as necessary during
7-11 business hours <to determine the tax liability>;
7-12 (3) examine the records required by this chapter or
7-13 other records, books, documents, papers, accounts, and objects that
7-14 the treasurer determines are necessary for conducting a complete
7-15 examination; and
7-16 (4) examine stocks of tobacco products.
7-17 (b) A person dealing in tobacco products may not during
7-18 business hours:
7-19 (1) fail to produce, on the treasurer's demand,
7-20 records required by this chapter; or
7-21 (2) hinder or prevent the inspection of records or the
7-22 examination of the premises.
7-23 SECTION 9. Section 155.210, Tax Code, is amended to read as
7-24 follows:
7-25 Sec. 155.210. REFUSAL OF INSPECTION <OF PREMISES>. A person
7-26 commits an offense if the person refuses to permit a complete
7-27 inspection during business hours by an authorized representative of
7-28 the treasurer of any place of business <premises> where tobacco
7-29 products are manufactured, produced, stored, transported, sold, or
7-30 offered for sale or exchange or fails to produce, on the
7-31 treasurer's demand, records required by this chapter.
7-32 SECTION 10. Chapter 250, Local Government Code, is amended
7-33 by adding Section 250.002 to read as follows:
7-34 Sec. 250.002. LOCAL ENFORCEMENT OF PROHIBITIONS ON SALE OR
7-35 DISTRIBUTION OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER
7-36 THAN 18. (a) The governing body of a municipality or county may
7-37 grant authority under this section to a municipal or county
7-38 employee who is not a peace officer and who is employed by:
7-39 (1) a health authority appointed under Section
7-40 121.021, Health and Safety Code;
7-41 (2) a local health department established under
7-42 Section 121.031, Health and Safety Code; or
7-43 (3) a public health district established under Section
7-44 121.041, Health and Safety Code.
7-45 (b) The governing body may grant to the employee the power
7-46 to conduct random unannounced inspections of locations where
7-47 cigarettes or tobacco products are sold or delivered within the
7-48 territorial limits of the municipality or county.
7-49 (c) The governing body may also grant to the employee the
7-50 authority to issue a citation in the territorial limits of the
7-51 municipality or county to enforce a provision of Subchapter H,
7-52 Chapter 161, Health and Safety Code. The citation must state the
7-53 name of the person cited, the violation charged, and the time and
7-54 place the person is required to appear in court.
7-55 (d) The court in which a person who receives a citation
7-56 under Subsection (c) is to appear may issue an arrest warrant for
7-57 the person for the violation described in the citation if the
7-58 person fails to appear on or before the return date stated in the
7-59 citation.
7-60 (e) County courts, justice courts, and municipal courts,
7-61 including municipal courts of record, have jurisdiction in all
7-62 criminal cases arising under this section that:
7-63 (1) arise within the territorial limits of the
7-64 municipality or county, as appropriate; and
7-65 (2) are punishable only by a fine not to exceed
7-66 $2,000.
7-67 (f) Subsection (e) prevails over any other provision of law,
7-68 ordinance, or charter.
7-69 SECTION 11. Section 21.927, Education Code, is amended to
7-70 read as follows:
8-1 Sec. 21.927. SMOKING AND USE OF OTHER TOBACCO PRODUCTS ON
8-2 SCHOOL PROPERTY. The board of trustees of a school district shall
8-3 prohibit <students from> smoking and the use of <or using> tobacco
8-4 products at any school related or sanctioned activity on or off
8-5 school property and shall instruct school personnel to enforce the
8-6 policy against smoking and the use of tobacco products on school
8-7 property. It shall be the responsibility of the Central Education
8-8 Agency to monitor and enforce this provision of the law.
8-9 SECTION 12. (a) Except as provided by Subsection (b) of
8-10 this section, this Act takes effect September 1, 1993.
8-11 (b) Sections 1 through 10 of this Act take effect only if
8-12 the administration and enforcement of the program provided by this
8-13 Act are funded through provisions of S.B. No. 5, Acts of the 73rd
8-14 Legislature, Regular Session, 1993. If such funding is not
8-15 provided or if the bill providing the funding is not finally passed
8-16 and approved by the governor, those sections have no effect.
8-17 SECTION 13. (a) The change in law made by this Act applies
8-18 only to an offense committed on or after the effective date of this
8-19 Act. For purposes of this subsection, an offense is committed
8-20 before the effective date of this Act if any element of the offense
8-21 occurs before that date. An offense committed before the effective
8-22 date of this Act is governed by the law in effect when the offense
8-23 was committed, and the former law is continued in effect for this
8-24 purpose.
8-25 (b) This Act applies to the sale or distribution of
8-26 cigarettes or tobacco products on or after the effective date of
8-27 this Act. The sale or distribution of a cigarette or tobacco
8-28 product before the effective date of this Act is governed by the
8-29 law in effect when the sale or distribution was made, and that law
8-30 is continued in effect for that purpose.
8-31 SECTION 14. The importance of this legislation and the
8-32 crowded condition of the calendars in both houses create an
8-33 emergency and an imperative public necessity that the
8-34 constitutional rule requiring bills to be read on three several
8-35 days in each house be suspended, and this rule is hereby suspended.
8-36 * * * * *
8-37 Austin,
8-38 Texas
8-39 April 20, 1993
8-40 Hon. Bob Bullock
8-41 President of the Senate
8-42 Sir:
8-43 We, your Committee on State Affairs to which was referred S.B. No.
8-44 373, have had the same under consideration, and I am instructed to
8-45 report it back to the Senate with the recommendation that it do not
8-46 pass, but that the Committee Substitute adopted in lieu thereof do
8-47 pass and be printed.
8-48 Rosson,
8-49 Vice-Chairman
8-50 * * * * *
8-51 WITNESSES
8-52 FOR AGAINST ON
8-53 ___________________________________________________________________
8-54 Name: Steve Bresnen x
8-55 Representing: Lt Governor
8-56 City: Buda
8-57 -------------------------------------------------------------------
8-58 Name: William C. Levin, M.D. x
8-59 Representing: Texas Cancer Council
8-60 City: Galveston
8-61 -------------------------------------------------------------------
8-62 Name: Charles Lemaistre x
8-63 Representing: UTMD Anderson Cancer Center
8-64 City: Houston
8-65 -------------------------------------------------------------------
8-66 Name: Bob Dickson x
8-67 Representing: TCADA
8-68 City: Austin
8-69 -------------------------------------------------------------------
8-70 Name: David Smith x
9-1 Representing: Texas Dept of Health
9-2 City: Austin
9-3 -------------------------------------------------------------------
9-4 Name: Mark Clanton, M.D. x
9-5 Representing: American Cancer Society
9-6 City: Dallas
9-7 -------------------------------------------------------------------
9-8 FOR AGAINST ON
9-9 ___________________________________________________________________
9-10 Name: Gill Herber x
9-11 Representing: Texas Dept of Health
9-12 City: Austin
9-13 -------------------------------------------------------------------
9-14 Name: Steve McKee x
9-15 Representing: Austin Wilderness Counseling
9-16 City: Austin
9-17 -------------------------------------------------------------------
9-18 Name: William Heydenburg x
9-19 Representing: American Cancer Society
9-20 City: Austin
9-21 -------------------------------------------------------------------
9-22 Name: Coley Cowden x
9-23 Representing: TCADA
9-24 City: Austin
9-25 -------------------------------------------------------------------
9-26 Name: Jim McDade x
9-27 Representing: TCADA
9-28 City: Austin
9-29 -------------------------------------------------------------------
9-30 Name: Milton Brown x
9-31 Representing: TABC
9-32 City: Austin
9-33 -------------------------------------------------------------------
9-34 Name: Susan Steeg x
9-35 Representing: Texas Dept of Health
9-36 City: Austin
9-37 -------------------------------------------------------------------
9-38 Name: Kae McLaughlin x
9-39 Representing: American Heart Assn
9-40 City: Austin
9-41 -------------------------------------------------------------------
9-42 Name: Jennifer Thomas x
9-43 Representing: Self
9-44 City: Austin
9-45 -------------------------------------------------------------------
9-46 Name: Glen Provost x
9-47 Representing: Texas Dept Health
9-48 City: Austin
9-49 -------------------------------------------------------------------
9-50 Name: Judy Jonas x
9-51 Representing: Texas Comprehensive School
9-52 City: Austin
9-53 -------------------------------------------------------------------
9-54 Name: Dennis Baker x
9-55 Representing: Texas Dept of Health
9-56 City: Austin
9-57 -------------------------------------------------------------------
9-58 Name: Sylvia Ostos x
9-59 Representing: Texas PTA
9-60 City: Corpus Christi
9-61 -------------------------------------------------------------------
9-62 Name: Annette Wieser x x
9-63 Representing: Statewide Providers
9-64 City: Fredericksburg
9-65 -------------------------------------------------------------------
9-66 Name: Oscar Rodriguez x
9-67 Representing: Texas Education Agency
9-68 City: Austin
9-69 -------------------------------------------------------------------
9-70 Name: Susan Pitman x
10-1 Representing: The Chemical Connection
10-2 City: Wimberley
10-3 -------------------------------------------------------------------
10-4 Name: Camilla Huges x
10-5 Representing: City of West Lake
10-6 City: West Lake Hills
10-7 -------------------------------------------------------------------
10-8 FOR AGAINST ON
10-9 ___________________________________________________________________
10-10 Name: Jean Dubois x
10-11 Representing: Self
10-12 City: Austin
10-13 -------------------------------------------------------------------
10-14 Name: Tom Smith x
10-15 Representing: Public Citizen Inc
10-16 City: Austin
10-17 -------------------------------------------------------------------
10-18 Name: Dan Reed x
10-19 Representing: Texas Academy of Physician
10-20 City: Austin
10-21 -------------------------------------------------------------------
10-22 Name: David Marwitz x
10-23 Representing: Texas Hospital Assn
10-24 City: Austin
10-25 -------------------------------------------------------------------
10-26 Name: Wade Thomason x
10-27 Representing: American Lung Assn
10-28 City: Austin
10-29 -------------------------------------------------------------------
10-30 Name: Edward Carter x
10-31 Representing: American Lung Assn
10-32 City: Austin
10-33 -------------------------------------------------------------------
10-34 Name: Dr. Mathis Blackstock x
10-35 Representing: Texas Academy of Family
10-36 City: Austin
10-37 -------------------------------------------------------------------
10-38 Name: Terry Douglas x
10-39 Representing: Texas Medical Assn
10-40 City: Austin
10-41 -------------------------------------------------------------------
10-42 Name: Earl Martin x
10-43 Representing: Tx Partnership Tobacco Preven
10-44 City: Austin
10-45 -------------------------------------------------------------------
10-46 Name: Letha Aycock x
10-47 Representing: Tarrant/Ft Worth Health Dept
10-48 City: Fort Worth
10-49 -------------------------------------------------------------------
10-50 Name: Nick Curry, M.D.
10-51 Representing: Tarrant/Ft Worth Health Dept
10-52 City: Fort Worth
10-53 -------------------------------------------------------------------
10-54 Name: Justine Strand x
10-55 Representing: Texas Academy of Physician
10-56 City: Austin
10-57 -------------------------------------------------------------------
10-58 Name: Ann Kitchen x
10-59 Representing: Statewide Health Coordinating
10-60 City: Austin
10-61 -------------------------------------------------------------------
10-62 Name: Arthur J. Wolff x
10-63 Representing: American Cancer Society
10-64 City: Round Rock
10-65 -------------------------------------------------------------------
10-66 Name: Ron Todd x
10-67 Representing:
10-68 City: Austin
10-69 -------------------------------------------------------------------
10-70 Name: Phillip Blackerby x
11-1 Representing: Austin Family House, Inc.
11-2 City: Austin
11-3 -------------------------------------------------------------------
11-4 Name: Bill Finck x
11-5 Representing: Finck Co
11-6 City: San Antonio
11-7 -------------------------------------------------------------------
11-8 FOR AGAINST ON
11-9 ___________________________________________________________________
11-10 Name: Jack Dillard x
11-11 Representing: Philip Morris USA
11-12 City: Austin
11-13 -------------------------------------------------------------------
11-14 Name: Ronnie Volening x
11-15 Representing: Southland Corp
11-16 City: Dallas
11-17 -------------------------------------------------------------------
11-18 Name: Joe Ratcliff x
11-19 Representing: Tx Assn of Wholesale Distrib
11-20 City: Austin
11-21 -------------------------------------------------------------------
11-22 Name: Chuck Courtney x
11-23 Representing: Texas Retailers Assn
11-24 City: Austin
11-25 -------------------------------------------------------------------
11-26 Name: Ed Debiec x
11-27 Representing: Texas Education Agency
11-28 City: Austin
11-29 -------------------------------------------------------------------
11-30 Name: Ladd Little x
11-31 Representing: Texas Merchandise Vending Co
11-32 City: San Antonio
11-33 -------------------------------------------------------------------