By Hirschi, Delisi, Luna, Romo, Naishtat H.B. No. 1152
74R5159 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale or possession of tobacco products and the
1-3 enforcement of the law prohibiting the sale of tobacco products to
1-4 minors; providing penalties; establishing fees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 154.111(b), Tax Code, is amended to read
1-7 as follows:
1-8 (b) An application for a permit required by this chapter
1-9 must be accompanied by a fee of:
1-10 (1) $100 for a bonded agent's permit;
1-11 (2) $100 for a distributor's permit;
1-12 (3) $50 for a wholesaler's permit; <and>
1-13 (4) $50 for a retailer's permit; and
1-14 (5) $15 for each permit for a vehicle if the applicant
1-15 is also applying for a permit as a bonded agent, distributor, or
1-16 wholesaler or has received a current permit from the treasurer
1-17 under Sections 154.101 and 154.110.
1-18 SECTION 2. Section 154.114, Tax Code, is amended by adding
1-19 Subsection (h) to read as follows:
1-20 (h) The treasurer shall suspend or revoke a retailer's
1-21 permit if the treasurer finds, after notice and hearing as provided
1-22 by this section, that the retailer has been adjudged guilty of an
1-23 offense under Section 161.081(d), Health and Safety Code, on four
1-24 or more occasions within a five-year period.
2-1 SECTION 3. Section 154.121, Tax Code, is amended to read as
2-2 follows:
2-3 Sec. 154.121. REVENUE. (a) Revenue from the sale of
2-4 permits to distributors, wholesalers, and bonded agents is
2-5 allocated in the same manner as other revenue allocated by
2-6 Subchapter J.
2-7 (b) Subject to Section 154.602, revenue from the sale of
2-8 permits to retailers shall be deposited in the state treasury to
2-9 the credit of the account created by Section 161.083, Health and
2-10 Safety Code.
2-11 SECTION 4. Section 154.602, Tax Code, is amended to read as
2-12 follows:
2-13 Sec. 154.602. Funds for Enforcement. The legislature may
2-14 appropriate money from the cigarette tax to the treasurer for
2-15 manufacturing and printing of cigarette tax stamps and for the
2-16 administration of the duties of the treasurer under this chapter.
2-17 Amounts appropriated under this subsection shall be taken from
2-18 revenue received from the cigarette tax before the revenue is
2-19 allocated under Section 154.121(b) or 154.603 of this code to the
2-20 funds specified by those sections <that section> and shall be
2-21 deposited to the credit of the treasury fiscal agency fund. The
2-22 amount withheld from revenue received from retailers under Section
2-23 154.111(b)(4) shall be in proportion to the costs of issuing
2-24 retailers' permits and the enforcement of this chapter on retail
2-25 premises.
2-26 SECTION 5. Section 155.049(b), Tax Code, is amended to read
2-27 as follows:
3-1 (b) An application for a permit required by this chapter
3-2 must be accompanied by a fee of:
3-3 (1) $100 for a bonded agent's permit;
3-4 (2) $100 for a distributor's permit;
3-5 (3) $50 for a wholesaler's permit; <and>
3-6 (4) $50 for a retailer's permit; and
3-7 (5) $15 for each permit for a vehicle if the applicant
3-8 is also applying for a permit as a bonded agent, distributor, or
3-9 wholesaler or has received a current permit from the treasurer
3-10 under Sections 155.041 and 155.048.
3-11 SECTION 6. Section 155.058, Tax Code, is amended to read as
3-12 follows:
3-13 Sec. 155.058. REVENUE. (a) Revenue from the sale of
3-14 permits to distributors, wholesalers, and bonded agents is
3-15 allocated in the same manner that other revenue is allocated by
3-16 Subchapter H.
3-17 (b) Subject to Section 155.242, revenue from the sale of
3-18 permits to retailers shall be deposited in the state treasury to
3-19 the credit of the account created by Section 161.083, Health and
3-20 Safety Code.
3-21 SECTION 7. Section 155.059, Tax Code, is amended by adding
3-22 Subsection (h) to read as follows:
3-23 (h) The treasurer may suspend or revoke a retailer's permit
3-24 if the treasurer finds, after notice and hearing as provided by
3-25 this section, that the retailer has been adjudged guilty of an
3-26 offense under Section 161.081(d), Health and Safety Code, on four
3-27 or more occasions within a five-year period.
4-1 SECTION 8. Subchapter H, Chapter 155, Tax Code, is amended
4-2 by adding Section 155.242 to read as follows:
4-3 Sec. 155.242. ENFORCEMENT FUNDS: RETAILER'S PERMIT REVENUE.
4-4 The legislature may appropriate money from the revenue received
4-5 from permits issued to retailers under Section 155.049(b)(4) to the
4-6 treasurer for the administration of the duties of the treasurer in
4-7 issuing those permits and in enforcing this chapter on retail
4-8 premises. Amounts appropriated under this section shall be taken
4-9 from revenue received from the permits before the revenue is
4-10 allocated under Section 155.058 to the fund specified by that
4-11 section and shall be deposited to the credit of the treasury fiscal
4-12 agency fund.
4-13 SECTION 9. The heading to Subchapter H, Chapter 161, Health
4-14 and Safety Code, is amended to read as follows:
4-15 SUBCHAPTER H. SALE OF CIGARETTES OR TOBACCO
4-16 PRODUCTS TO MINORS; POSSESSION BY MINORS
4-17 SECTION 10. Section 161.081, Health and Safety Code, is
4-18 amended to read as follows:
4-19 Sec. 161.081. Sale of Cigarettes or Tobacco Products to
4-20 Minors Prohibited. (a) A person commits an offense if the person,
4-21 as a commercial enterprise:
4-22 (1) sells, gives, or causes to be sold or given a
4-23 cigarette or other tobacco product to another <someone the> person
4-24 who <knows> is younger than 18 years of age; or
4-25 (2) sells, gives, or causes to be sold or given a
4-26 cigarette or other tobacco product to another person, knowing that
4-27 the person receiving the cigarette or other tobacco product intends
5-1 to deliver it to someone who is younger than 18 years of age.
5-2 (b) An offense under Subsection (a) <this section> is a
5-3 Class C misdemeanor.
5-4 (c) It is a defense to prosecution under this section that
5-5 the person to whom the cigarette or other tobacco product was sold
5-6 or given presented to the defendant an apparently valid Texas
5-7 driver's license or an identification card, issued by the
5-8 Department of Public Safety and containing a physical description
5-9 consistent with the person's appearance, that purported to
5-10 establish that the person was 18 years of age or older.
5-11 (d) Criminal liability for a violation of this section
5-12 extends, in the manner authorized by Section 7.22, Penal Code, to a
5-13 corporation or association that is a permit holder and that employs
5-14 a person who commits an offense under Subsection (a).
5-15 (e) A court may sentence a permit holder that is adjudged
5-16 guilty of an offense under Subsection (d) to pay a fine of:
5-17 (1) $200 for the first offense;
5-18 (2) $600 for an offense if, within a five-year period
5-19 preceding the offense, one other offense under this section was
5-20 committed;
5-21 (3) $1,200 for an offense if, within a five-year
5-22 period preceding the offense, two other offenses under this section
5-23 were committed; or
5-24 (4) $4,000 for an offense if, within a five-year
5-25 period preceding the offense, three or more offenses under this
5-26 section were committed.
5-27 (f) In this section, "permit holder" has the meaning
6-1 assigned that term by Section 155.001, Tax Code.
6-2 SECTION 11. Subchapter H, Chapter 161, Health and Safety
6-3 Code, is amended by adding Section 161.0815 to read as follows:
6-4 Sec. 161.0815. POSSESSION OF CIGARETTES OR TOBACCO PRODUCTS
6-5 BY MINORS PROHIBITED. (a) A person commits an offense if the
6-6 person is younger than 18 years of age and possesses a cigarette or
6-7 other tobacco product.
6-8 (b) An offense under this section is punishable by a fine of
6-9 not more than $25.
6-10 (c) It is an affirmative defense to prosecution under this
6-11 section that the person who possesses a cigarette or other tobacco
6-12 product does so for a bona fide medical, psychiatric, judicial,
6-13 legislative, or law enforcement purpose.
6-14 (d) It is an affirmative defense to prosecution under this
6-15 section that the person who possesses a cigarette or other tobacco
6-16 product does so while in the course and scope of employment if the
6-17 person is an employee of a permit holder, as that term is defined
6-18 by Section 155.001, Tax Code.
6-19 SECTION 12. Subchapter H, Chapter 161, Health and Safety
6-20 Code, is amended by adding Sections 161.083 and 161.084 to read as
6-21 follows:
6-22 Sec. 161.083. COORDINATION OF LOCAL ENFORCEMENT BY TEXAS
6-23 D.A.R.E. INSTITUTE; SPECIAL ACCOUNT. (a) An account is created in
6-24 the state treasury for the deposit of revenue under Sections
6-25 154.121(b) and 155.058(b), Tax Code. Money from the account shall
6-26 be appropriated only to the Texas Commission on Alcohol and Drug
6-27 Abuse for the Texas D.A.R.E. Institute for the institute's programs
7-1 relating to education and awareness concerning the use of drugs,
7-2 alcohol, and tobacco.
7-3 (b) In this section, "Texas D.A.R.E. Institute" means the
7-4 Texas Drug Abuse Resistance Education Institute that is a grant
7-5 program of Southwest Texas State University.
7-6 Sec. 161.084. ENFORCEMENT. The Texas Alcoholic Beverage
7-7 Commission shall enforce this subchapter.
7-8 SECTION 13. (a) Except as provided by Subsection (b) of
7-9 this section, this Act takes effect September 1, 1995.
7-10 (b) Sections 1 and 5 of this Act take effect May 1, 1996,
7-11 and apply only to a retailer's permit that expires on or after May
7-12 31, 1996.
7-13 SECTION 14. The importance of this legislation and the
7-14 crowded condition of the calendars in both houses create an
7-15 emergency and an imperative public necessity that the
7-16 constitutional rule requiring bills to be read on three several
7-17 days in each house be suspended, and this rule is hereby suspended.