By Hirschi, Maxey, Delisi, Luna, Romo H.B. No. 100
74R987 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the installation and maintenance of vending machines
1-3 containing cigarettes or other tobacco products; providing a
1-4 criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter H, Chapter 161, Health and Safety
1-7 Code, is amended by adding Section 161.083 to read as follows:
1-8 Sec. 161.083. LOCATION OF VENDING MACHINES CONTAINING
1-9 CIGARETTES OR OTHER TOBACCO PRODUCTS. (a) Except as provided by
1-10 Subsection (b), a person may not install or maintain a vending
1-11 machine containing cigarettes or other tobacco products in a place
1-12 that is generally accessible to the public or to persons younger
1-13 than 18 years of age, regardless of whether it is accessible to the
1-14 public.
1-15 (b) Subsection (a) does not apply to:
1-16 (1) a bar, lounge, or similar place where a person
1-17 younger than 18 years of age may not enter unless accompanied by a
1-18 parent or guardian;
1-19 (2) a private business office that is not open to
1-20 persons younger than 18 years of age;
1-21 (3) an industrial or manufacturing plant; or
1-22 (4) an installation or facility of the state military
1-23 forces.
1-24 (c) This section does not preempt a local regulation of the
2-1 installation or maintenance of a vending machine containing
2-2 cigarettes or other tobacco products or affect the authority of a
2-3 political subdivision to adopt or enforce an ordinance or
2-4 requirement relating to the installation or maintenance of a
2-5 vending machine containing cigarettes or other tobacco products if
2-6 the regulation, ordinance, or requirement is compatible with and
2-7 equal to or more stringent than this section.
2-8 (d) A person commits an offense if the person violates
2-9 Subsection (a) of this section. An offense under this subsection
2-10 is a Class C misdemeanor.
2-11 SECTION 2. This Act takes effect September 1, 1995.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 AN ACT
2-18 relating to the installation and maintenance of vending machines
2-19 containing cigarettes or other tobacco products; providing a
2-20 criminal penalty.
2-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-22 SECTION 1. Subchapter H, Chapter 161, Health and Safety
2-23 Code, is amended by adding Section 161.083 to read as follows:
2-24 Sec. 161.083. LOCATION OF VENDING MACHINES CONTAINING
2-25 CIGARETTES OR OTHER TOBACCO PRODUCTS. (a) Except as provided by
2-26 Subsection (b), a person may not install or maintain a vending
2-27 machine containing cigarettes or other tobacco products in a place
3-1 that is generally accessible to the public or to persons younger
3-2 than 18 years of age, regardless of whether it is accessible to the
3-3 public.
3-4 (b) Subsection (a) does not apply to:
3-5 (1) a bar, lounge, or similar place where a person
3-6 younger than 18 years of age may not enter unless accompanied by a
3-7 parent or guardian;
3-8 (2) a private business office that is not open to
3-9 persons younger than 18 years of age;
3-10 (3) an industrial or manufacturing plant; or
3-11 (4) an installation or facility of the state military
3-12 forces.
3-13 (c) This section does not preempt a local regulation of the
3-14 installation or maintenance of a vending machine containing
3-15 cigarettes or other tobacco products or affect the authority of a
3-16 political subdivision to adopt or enforce an ordinance or
3-17 requirement relating to the installation or maintenance of a
3-18 vending machine containing cigarettes or other tobacco products if
3-19 the regulation, ordinance, or requirement is compatible with and
3-20 equal to or more stringent than this section.
3-21 (d) A person commits an offense if the person violates
3-22 Subsection (a) of this section. An offense under this subsection
3-23 is a Class C misdemeanor.
3-24 SECTION 2. This Act takes effect September 1, 1995.
3-25 SECTION 3. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.