By Davila                                             H.B. No. 2249
       74R6288 KLL-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating  to the delivery of free cigarettes or other tobacco
    1-3  products in a public place; providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter H, Chapter 161, Health and Safety
    1-6  Code, is amended by adding Section 161.083 to read as follows:
    1-7        Sec. 161.083.  DELIVERY OF FREE CIGARETTES OR OTHER TOBACCO
    1-8  PRODUCTS.  (a)  A person in the business of selling or promoting
    1-9  cigarettes or other tobacco products, or an agent or employee of
   1-10  that person, may not deliver or offer to deliver to another person
   1-11  free cigarettes or other tobacco products in  any of their forms in
   1-12  a public place.
   1-13        (b)  A person commits an offense if the person violates this
   1-14  section.  An offense under this subsection is a Class C
   1-15  misdemeanor.
   1-16        SECTION 2.  The heading to Subchapter H, Chapter 161, Health
   1-17  and Safety Code, is amended to read as follows:
   1-18                SUBCHAPTER H.  <SALE OF> CIGARETTES OR
   1-19                     TOBACCO PRODUCTS  <TO MINORS>
   1-20        SECTION 3.  The importance of this legislation and the
   1-21  crowded condition of the calendars in both houses create an
   1-22  emergency and an imperative public necessity that the
   1-23  constitutional rule requiring bills to be read on three several
   1-24  days in each house be suspended, and this rule is hereby suspended,
    2-1  and that this Act take effect and be in force from and after its
    2-2  passage, and it is so enacted.