1-1 By: Seidlits (Senate Sponsor - Armbrister) H.B. No. 2460
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 17, 1995, read first time and referred to Committee on State
1-4 Affairs; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 7, Nays 1; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the possession, purchase, sale, distribution, and
1-9 receipt of cigarettes and tobacco products; providing penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter H, Chapter 161, Health and Safety
1-12 Code, is amended to read as follows:
1-13 SUBCHAPTER H. SALE AND DISTRIBUTION OF CIGARETTES OR
1-14 TOBACCO PRODUCTS <TO MINORS>
1-15 Sec. 161.081. DEFINITIONS. In this subchapter:
1-16 (1) "Cigarette" has the meaning assigned by Section
1-17 154.001, Tax Code.
1-18 (2) "Commission" means the Texas Commission on Alcohol
1-19 and Drug Abuse.
1-20 (3) "Distribute" means to sell, furnish, give, or
1-21 provide tobacco products, including tobacco product samples, to the
1-22 ultimate consumer.
1-23 (4) "Person" has the meaning assigned by Section 1.04,
1-24 Alcoholic Beverage Code.
1-25 (5) "Proof of age" means a driver's license or an
1-26 identification card, issued by the Department of Public Safety and
1-27 containing a physical description consistent with the person's
1-28 appearance, that purports to establish that the person is 18 years
1-29 of age or older.
1-30 (6) "Public place" means any public street, sidewalk,
1-31 or park or any area open to the public in any publicly owned and
1-32 operated building.
1-33 (7) "Sample" means an item distributed free to members
1-34 of the public to promote the product.
1-35 (8) "Sampling" means the distribution of samples to
1-36 members of the general public in a public place.
1-37 (9) "Tobacco product" has the meaning assigned by
1-38 Section 155.001, Tax Code.
1-39 Sec. 161.082 <161.081>. Sale or Distribution of Cigarettes
1-40 or Tobacco Products to Minors Prohibited. (a) A person commits an
1-41 offense if the person, as a commercial enterprise:
1-42 (1) sells, distributes <gives>, or causes to be sold
1-43 or distributed <given> a cigarette or <other> tobacco product to
1-44 someone who <the person knows> is younger than 18 years of age; or
1-45 (2) sells, distributes <gives>, or causes to be sold
1-46 or distributed <given> a cigarette or <other> tobacco product to
1-47 another person, knowing that the person receiving the cigarette or
1-48 <other> tobacco product intends to deliver it to someone who is
1-49 younger than 18 years of age.
1-50 (b) A person engaged in the sale or distribution of
1-51 cigarettes or tobacco products shall demand proof of age from a
1-52 prospective purchaser or recipient if the person has reason to
1-53 believe that the prospective purchaser or recipient is younger than
1-54 18 years of age.
1-55 (c) This section does not prohibit the distribution of a
1-56 cigarette or tobacco product to a family member or to an employee
1-57 when required in the performance of the employee's duties.
1-58 (d) <(b)> An offense under Subsection (a) <this section> is
1-59 a Class C misdemeanor.
1-60 (e) <(c)> It is a defense to prosecution under this section
1-61 that the person to whom the cigarette or <other> tobacco product
1-62 was sold or distributed <given> presented proof of age to the
1-63 defendant and the defendant reasonably relied on that proof of age
1-64 <an apparently valid Texas driver's license or an identification
1-65 card, issued by the Department of Public Safety and containing a
1-66 physical description consistent with the person's appearance, that
1-67 purported to establish that the person was 18 years of age or
1-68 older>.
2-1 (f) If an offense under this section occurs in connection
2-2 with a sale by an employee of the owner of a store in which
2-3 cigarettes or tobacco products are sold at retail, the employee is
2-4 criminally responsible for the offense and is subject to
2-5 prosecution. If the offense occurs in connection with a sale
2-6 through a vending machine, the proprietor of the establishment in
2-7 which the vending machine is located is criminally responsible for
2-8 the offense and is subject to prosecution, except that if the
2-9 proprietor has made an employee responsible for supervising the
2-10 vending machine, then the employee is criminally responsible for
2-11 the offense and is subject to prosecution.
2-12 Sec. 161.083 <161.082>. <Warning> Notice Required. (a)
2-13 Each person who sells cigarettes or tobacco products in a <at>
2-14 retail establishment or by vending machine shall post and maintain
2-15 a sign in a location that is conspicuous to all employees and
2-16 customers and that is close to the place at which the cigarettes or
2-17 tobacco products may be purchased. The sign may not be smaller
2-18 than 93-1/2 square inches.
2-19 (b) The sign must state the following <include the
2-20 statement>:
2-21 STATE LAW STRICTLY PROHIBITS THE SALE OF CIGARETTES OR
2-22 TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS.
2-23 PROOF OF AGE MAY BE REQUIRED. <SALE OR PROVISION OF
2-24 TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS
2-25 PROHIBITED BY LAW. UPON CONVICTION, A MAXIMUM FINE OF
2-26 UP TO $200 MAY BE IMPOSED.>
2-27 (c) The board by rule shall determine the design <and size>
2-28 of the sign.
2-29 (d) The department on request shall provide the sign without
2-30 charge to any person who sells cigarettes or tobacco <cigarette>
2-31 products. The department may provide the sign without charge to
2-32 <cigarette> distributors or wholesale dealers of cigarettes or
2-33 tobacco <cigarette> products in this state for distribution to
2-34 persons who sell cigarettes or tobacco <cigarette> products. A
2-35 distributor or wholesale dealer may not charge for distributing a
2-36 sign under this subsection.
2-37 (e) A notice regarding cigarettes or tobacco products, other
2-38 than the notice required by this section, may not be required to be
2-39 posted or maintained in any store that sells cigarettes or tobacco
2-40 products at retail.
2-41 (f) <(e)> A person commits an offense if the person
2-42 <intentionally> fails to display a sign as prescribed by this
2-43 section. An offense under this subsection is a Class C
2-44 misdemeanor.
2-45 Sec. 161.084. LOCATION OF VENDING MACHINES CONTAINING
2-46 CIGARETTES OR TOBACCO PRODUCTS. (a) Except as provided by
2-47 Subsection (b), a person may not install or maintain a vending
2-48 machine containing cigarettes or tobacco products in a place that
2-49 is accessible to persons younger than 18 years.
2-50 (b) Subsection (a) does not apply to:
2-51 (1) a bar, lounge, or other similar place that sells
2-52 or serves alcoholic beverages;
2-53 (2) private facilities or private businesses not open
2-54 to the public;
2-55 (3) places to which persons under the age of 18 are
2-56 not permitted access;
2-57 (4) places where the vending machine is under the
2-58 supervision of the owner or an employee of the owner of the
2-59 establishment;
2-60 (5) an industrial or manufacturing plant;
2-61 (6) a business office;
2-62 (7) a college or university; or
2-63 (8) a military installation.
2-64 (c) A person commits an offense if the person violates
2-65 Subsection (a). An offense under this subsection is a Class C
2-66 misdemeanor.
2-67 Sec. 161.085. DISTRIBUTION OF SAMPLES. (a) A person,
2-68 including a person in the business of selling or promoting
2-69 cigarettes or tobacco products or an agent or employee of that
2-70 person, commits an offense if the person distributes cigarette or
3-1 tobacco product samples:
3-2 (1) to a person who is younger than 18 years of age;
3-3 or
3-4 (2) in or on a public street, sidewalk, or park that
3-5 is within 500 feet of a playground, school, or other facility when
3-6 the facility is being used primarily by persons who are younger
3-7 than 18 years of age.
3-8 (b) A person engaged in sampling shall demand proof of age
3-9 from a prospective recipient if the person has reason to believe
3-10 that the prospective recipient is younger than 18 years of age.
3-11 (c) An offense under Subsection (a) is a Class C
3-12 misdemeanor.
3-13 (d) It is a defense to prosecution under this section that
3-14 the person to whom the cigarette or tobacco product sample was
3-15 distributed presented proof of age to the defendant and the
3-16 defendant reasonably relied on that proof of age.
3-17 Sec. 161.086. OUT-OF-PACKAGE SALES. (a) A person commits
3-18 an offense if the person sells cigarettes or smokeless tobacco
3-19 products other than in an unopened package that originated with the
3-20 manufacturer and that bears the health warning required by federal
3-21 law.
3-22 (b) An offense under this section is a Class C misdemeanor.
3-23 Sec. 161.087. POSSESSION, PURCHASE, AND RECEIPT OF
3-24 CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED. (a) A person
3-25 who is younger than 18 years of age commits an offense if the
3-26 person:
3-27 (1) possesses, purchases, or accepts receipt of a
3-28 cigarette or tobacco product; or
3-29 (2) falsely represents himself or herself to be 18
3-30 years of age or older by displaying proof of age that is false,
3-31 fraudulent, or not actually his or her own for the purpose of
3-32 possessing, purchasing, or receiving a cigarette or tobacco
3-33 product.
3-34 (b) This section does not prohibit a person from possessing
3-35 or accepting receipt of a cigarette or tobacco product from a
3-36 family member or from an employer when required in the performance
3-37 of the employee's duties.
3-38 (c) An offense under this section is a Class C misdemeanor,
3-39 except that the court shall suspend the execution of the sentence
3-40 and shall require the defendant to attend a smoking awareness
3-41 course approved by the Texas Commission on Alcohol and Drug Abuse
3-42 or a similar smoking awareness course approved by the court. The
3-43 court shall require the defendant to present evidence to the court,
3-44 in the manner prescribed by the court, of satisfactory
3-45 participation in and completion of the smoking awareness course.
3-46 (d) On the conviction of a defendant for an offense under
3-47 this section, the court, in addition to requiring the defendant to
3-48 attend a smoking awareness course, may order the Department of
3-49 Public Safety to suspend the defendant's driver's license or
3-50 permit, or if the defendant does not have a license or permit, to
3-51 deny the issuance of a license or permit to the defendant. The
3-52 order shall specify the period of suspension or denial, which may
3-53 not exceed 180 days immediately following the date of the order.
3-54 (e) A person convicted of a violation of this section may
3-55 apply to the court in which the person was convicted to have the
3-56 conviction expunged. If the court finds that the applicant
3-57 successfully completed the smoking awareness course ordered by the
3-58 court, the court shall order the conviction and all complaints,
3-59 verdicts, sentences, and other documents relating to the offense to
3-60 be expunged from the applicant's record, and the conviction may not
3-61 be shown or made known for any purpose.
3-62 (f) In addition to the jurisdiction and powers provided by
3-63 the constitution and other law, a justice court or municipal court
3-64 may exercise jurisdiction over any matter in which a court may
3-65 impose a requirement that a defendant attend a smoking awareness
3-66 course or order the suspension or denial of a driver's license or
3-67 permit under the conditions described by Subsection (c) or (d).
3-68 (g) An offense under this section is not subject to suit
3-69 under Title 3, Family Code.
3-70 Sec. 161.088. NOTIFICATION OF EMPLOYEES. (a) The owner of
4-1 a store in which cigarettes or tobacco products are sold at retail
4-2 shall notify each individual employed by that person as a retail
4-3 sales clerk that state law:
4-4 (1) prohibits the sale or distribution of cigarettes
4-5 or tobacco products to any person who is younger than 18 years of
4-6 age; and
4-7 (2) requires that proof of age be demanded from a
4-8 prospective purchaser or recipient if the person has reason to
4-9 believe that the prospective purchaser or recipient is younger than
4-10 18 years of age.
4-11 (b) The notice required by Subsection (a) must be provided
4-12 before an individual begins work as a retail sales clerk. The
4-13 individual shall signify that the individual has received the
4-14 notice required by Subsection (a) by signing a form stating that
4-15 the law has been fully explained, that the individual understands
4-16 the law, and that the individual, as a condition of employment,
4-17 agrees to comply with the law.
4-18 (c) Each form signed by an individual under this section
4-19 shall indicate the date of the signature. The employer shall
4-20 retain the form signed by each individual employed as a retail
4-21 sales clerk until 120 days after the individual has left the
4-22 employer's employ.
4-23 (d) A person required by Subsection (a) to notify employees
4-24 commits an offense if the person fails to provide the notice
4-25 prescribed by this section. An offense under this subsection is a
4-26 misdemeanor punishable by a fine of not less than $25 or more than
4-27 $200. If a person has been previously convicted of an offense
4-28 under this subsection within a two-year period, an offense is a
4-29 misdemeanor punishable by a fine of not less than $100 or more than
4-30 $500.
4-31 Sec. 161.089. ENFORCEMENT; UNANNOUNCED INSPECTIONS. (a)
4-32 The commission shall enforce this subchapter in partnership with
4-33 county sheriffs and municipal chiefs of police and with their
4-34 cooperation, and shall ensure the state's compliance with Section
4-35 1926 of the federal Public Health Service Act (42 U.S.C. Section
4-36 300x-26) and any implementing regulations adopted by the United
4-37 States Department of Health and Human Services. Except as provided
4-38 by Section 161.093, the commission may not adopt any rules
4-39 governing the subject matter of this subchapter.
4-40 (b) The commission may make block grants to counties and
4-41 municipalities to be used by county sheriffs and municipal chiefs
4-42 of police to enforce this subchapter in a manner that can
4-43 reasonably be expected to reduce the extent to which cigarettes and
4-44 tobacco products are sold or distributed to persons who are younger
4-45 than 18 years of age. At least annually, random unannounced
4-46 inspections shall be conducted at various locations where
4-47 cigarettes and tobacco products are sold or distributed to ensure
4-48 compliance with this subchapter. The commission shall rely, to the
4-49 fullest extent possible, on sheriffs or chiefs of police or their
4-50 employees to enforce this subchapter.
4-51 Sec. 161.090. INSPECTION ASSISTANCE BY PERSONS YOUNGER THAN
4-52 18 YEARS OF AGE; REQUIREMENTS. (a) The use of a person younger
4-53 than 18 years of age shall be conducted in such a fashion that
4-54 promotes fairness. A person may be enlisted by the commission to
4-55 act as a minor decoy to test compliance with this subchapter only
4-56 if the requirements of this section are met.
4-57 (b) Written parental consent must be obtained for the use of
4-58 a person younger than 18 years of age to act as a minor decoy to
4-59 test compliance with this subchapter.
4-60 (c) At the time of the inspection, the minor decoy shall be
4-61 younger than 17 years of age.
4-62 (d) The minor decoy shall have an appearance that would
4-63 cause a reasonably prudent seller of tobacco products to request
4-64 identification and proof of age.
4-65 (e) The minor decoy shall either carry the minor's own
4-66 identification showing the minor's correct date of birth or shall
4-67 carry no identification. A minor decoy who carries identification
4-68 shall present it on request to any seller of tobacco products.
4-69 (f) A minor decoy shall answer truthfully any questions
4-70 about the minor's age.
5-1 Sec. 161.091. REPORT. The commission shall annually prepare
5-2 for submission by the governor to the secretary of the United
5-3 States Department of Health and Human Services the report required
5-4 by Section 1926 of the federal Public Health Service Act (42 U.S.C.
5-5 Section 300x-26).
5-6 Sec. 161.092. STATEWIDE UNIFORMITY. (a) This chapter shall
5-7 be implemented in an equitable and uniform manner throughout the
5-8 state and shall be enforced to ensure the eligibility for and
5-9 receipt of any federal funds or grants that the state now receives
5-10 or may receive relating to the provisions of this subchapter.
5-11 (b) To ensure that this subchapter is equitably and
5-12 uniformly enforced, a county, municipality, political subdivision
5-13 of the state, or state agency may not adopt or enforce any
5-14 ordinances, rules, or regulations concerning the sale,
5-15 distribution, advertising, display, or promotion of cigarettes or
5-16 tobacco products.
5-17 Sec. 161.093. COMPLIANCE WITH FEDERAL LAW. (a) In order to
5-18 comply with federal law and only if required by rules issued under
5-19 the federal Alcohol, Drug Abuse, and Mental Health Administration
5-20 Reorganization Act (Pub. L. No. 102-321), the commission may assess
5-21 an administrative penalty against a person who holds a permit
5-22 issued under Chapter 154 or 155, Tax Code, for a violation of
5-23 Section 161.082 or 161.083 by the permit holder or an employee of
5-24 the permit holder.
5-25 (b) An administrative penalty for violating Section 161.082
5-26 or 161.083 may not exceed:
5-27 (1) $100 for the first violation; or
5-28 (2) $250 for a second or subsequent violation within a
5-29 24-month period.
5-30 (c) In assessing penalties under Subsection (b), the
5-31 commission shall consider the following mitigating factors:
5-32 (1) the seriousness of the violation;
5-33 (2) the history of previous violations;
5-34 (3) the person's demonstrated good faith; and
5-35 (4) any other matter that justice may require.
5-36 (d) For a third or subsequent violation of Section 161.082
5-37 within a 24-month period, the penalty may include the suspension or
5-38 revocation of a retailer's permit issued under Chapter 154 or 155,
5-39 Tax Code, except that:
5-40 (1) a suspension may not exceed seven days; and
5-41 (2) a permit may not be revoked until the permit has
5-42 been suspended at least once in the preceding 12-month period.
5-43 (e) The commission shall provide written notice and a
5-44 hearing under Chapter 2001, Government Code, before determining
5-45 that a violation has occurred. As provided under Subchapter G,
5-46 Chapter 2001, Government Code, a permit holder may seek judicial
5-47 review of an action of the commission suspending or revoking a
5-48 permit under this section. The suspension or revocation is not
5-49 effective until judicial review is complete.
5-50 (f) It is a defense to the imposition of administrative
5-51 penalties or the suspension or revocation of a permit under this
5-52 section for a violation of Section 161.082 that the person to whom
5-53 the cigarette or tobacco product was sold or distributed presented
5-54 at the time of purchase or distribution an apparently valid proof
5-55 of age.
5-56 (g) For the suspension or revocation of a permit for a
5-57 violation of Section 161.082 by an employee, it is a defense that
5-58 the employer acted in good faith and:
5-59 (1) conspicuously posted and reasonably maintained the
5-60 notice required by Section 161.083;
5-61 (2) received from the employee the signed form
5-62 required by Section 161.088; and
5-63 (3) if an 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 one year from the date
5-70 of the employee's last violation.
6-1 SECTION 2. Subchapter D, Chapter 154, Tax Code, is amended
6-2 by adding Section 154.1016 to read as follows:
6-3 Sec. 154.1016. SALES; MINIMUM PACKAGE SIZE. A permit holder
6-4 may not sell or distribute cigarettes in a package that contains
6-5 fewer than 20 individual cigarettes.
6-6 SECTION 3. Section 154.111(b), Tax Code, is amended to read
6-7 as follows:
6-8 (b) An application for a permit required by this chapter
6-9 must be accompanied by a fee of:
6-10 (1) $100 for a bonded agent's permit;
6-11 (2) $100 for a distributor's permit;
6-12 (3) $50 for a wholesaler's permit; <and>
6-13 (4) $50 for a retailer's permit; and
6-14 (5) $15 for each permit for a vehicle if the applicant
6-15 is also applying for a permit as a bonded agent, distributor, or
6-16 wholesaler or has received a current permit from the treasurer
6-17 under Sections 154.101 and 154.110.
6-18 SECTION 4. Section 154.121, Tax Code, is amended to read as
6-19 follows:
6-20 Sec. 154.121. REVENUE. (a) Revenue from the sale of
6-21 permits to distributors, wholesalers, and bonded agents is
6-22 allocated in the same manner as other revenue allocated by
6-23 Subchapter J.
6-24 (b) Subject to Section 154.602, revenue from the sale of
6-25 permits to retailers shall be deposited in the state treasury to
6-26 the credit of a special account. Money from the account shall be
6-27 appropriated only to the Texas Commission on Alcohol and Drug Abuse
6-28 for the Texas D.A.R.E. Institute for the institute's programs
6-29 relating to tobacco enforcement projects and education and
6-30 awareness concerning the use of drugs, alcohol, and tobacco.
6-31 (c) In this section, "Texas D.A.R.E. Institute" means the
6-32 Texas Drug Abuse Resistance Education Institute that is a grant
6-33 program of Southwest Texas State University.
6-34 SECTION 5. Section 154.602, Tax Code, is amended to read as
6-35 follows:
6-36 Sec. 154.602. Funds for Enforcement. The legislature may
6-37 appropriate money from the cigarette tax to the treasurer for
6-38 manufacturing and printing of cigarette tax stamps and for the
6-39 administration of the duties of the treasurer under this chapter.
6-40 Amounts appropriated under this subsection shall be taken from
6-41 revenue received from the cigarette tax before the revenue is
6-42 allocated under Section 154.121(b) or 154.603 of this code to the
6-43 funds or account specified by those sections <that section> and
6-44 shall be deposited to the credit of the treasury fiscal agency
6-45 fund. The amount withheld from revenue received from retailers
6-46 under Section 154.111(b)(4) shall be in proportion to the costs of
6-47 issuing retailers' permits and the enforcement of this chapter on
6-48 retail premises.
6-49 SECTION 6. Section 155.049(b), Tax Code, is amended to read
6-50 as follows:
6-51 (b) An application for a permit required by this chapter
6-52 must be accompanied by a fee of:
6-53 (1) $100 for a bonded agent's permit;
6-54 (2) $100 for a distributor's permit;
6-55 (3) $50 for a wholesaler's permit; <and>
6-56 (4) $50 for a retailer's permit; and
6-57 (5) $15 for each permit for a vehicle if the applicant
6-58 is also applying for a permit as a bonded agent, distributor, or
6-59 wholesaler or has received a current permit from the treasurer
6-60 under Sections 155.041 and 155.048.
6-61 SECTION 7. Section 155.058, Tax Code, is amended to read as
6-62 follows:
6-63 Sec. 155.058. REVENUE. (a) Revenue from the sale of
6-64 permits to distributors, wholesalers, and bonded agents is
6-65 allocated in the same manner that other revenue is allocated by
6-66 Subchapter H.
6-67 (b) Subject to Section 155.242, revenue from the sale of
6-68 permits to retailers shall be deposited in the state treasury to
6-69 the credit of the account created by Section 154.121.
6-70 SECTION 8. Sections 154.111(c) and 155.049(c), Tax Code, are
7-1 repealed.
7-2 SECTION 9. Subchapter H, Chapter 155, Tax Code, is amended
7-3 by adding Section 155.242 to read as follows:
7-4 Sec. 155.242. ENFORCEMENT FUNDS: RETAILER'S PERMIT REVENUE.
7-5 The legislature may appropriate money from the revenue received
7-6 from permits issued to retailers under Section 155.049(b)(4) to the
7-7 treasurer for the administration of the duties of the treasurer in
7-8 issuing those permits and in enforcing this chapter on retail
7-9 premises. Amounts appropriated under this section shall be taken
7-10 from revenue received from the permits before the revenue is
7-11 allocated under Section 155.058 to the account specified by that
7-12 section and shall be deposited to the credit of the treasury fiscal
7-13 agency fund.
7-14 SECTION 10. Not later than October 1, 1995, the notice
7-15 required by Section 161.088, Health and Safety Code, as added by
7-16 this Act, must be given to each individual who, on the effective
7-17 date of this Act, is working as a retail sales clerk in a retail
7-18 establishment that sells cigarettes or tobacco products.
7-19 SECTION 11. The change in law made by this Act applies only
7-20 to an offense committed on or after the effective date of this Act.
7-21 For purposes of this subsection, an offense is committed before the
7-22 effective date of this Act if any element of the offense occurs
7-23 before that date. An offense committed before the effective date
7-24 of this Act is governed by the law in effect when the offense was
7-25 committed, and the former law is continued in effect for that
7-26 purpose.
7-27 SECTION 12. (a) Except as otherwise provided by this
7-28 section, this Act takes effect September 1, 1995.
7-29 (b) Section 161.084, Health and Safety Code, as added by
7-30 Section 1 of this Act, takes effect January 1, 1996.
7-31 (c) Section 2 of this Act applies only to the sale or
7-32 distribution of cigarettes on or after January 1, 1996. The sale
7-33 or distribution of cigarettes before January 1, 1996, is governed
7-34 by the law as it existed immediately before the effective date of
7-35 this Act, and that law is continued in effect for that purpose.
7-36 (d) Sections 3 and 6 of this Act take effect May 1, 1996,
7-37 and apply only to a retailer's permit that expires on or after May
7-38 31, 1996.
7-39 SECTION 13. The importance of this legislation and the
7-40 crowded condition of the calendars in both houses create an
7-41 emergency and an imperative public necessity that the
7-42 constitutional rule requiring bills to be read on three several
7-43 days in each house be suspended, and this rule is hereby suspended.
7-44 * * * * *