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                               * * * * *