IMF C.S.H.B. 493 75(R)BILL ANALYSIS STATE AFFAIRS C.S.H.B. 493 By: Alvarado 4-19-97 Committee Report (Substituted) BACKGROUND The Comptroller of Public Accounts Texas Performance Review, in the December 1996 report "Disturbing the Peace," recommended that the legislature pass legislation banning cigarette vending machines in all places accessible to children. The Comptroller also recommended passage of legislation to ban the free distribution of cigarettes and tobacco products in all public places, and within 1000 feet of schools, libraries, playgrounds and state university and colleges. Finally, the Comptroller recommended that the legislation should not preclude stronger actions by local governments concerning the restrictions on the sale and distribution of cigarettes and tobacco products. The Centers for Disease Control estimate that in Texas, roughly 30 percent of high-school age children have smoked cigarettes. The Texas Commission on Alcohol and Tobacco reports statistics showing that cigarette smoking rose 25 percent among Texas children in grades 7-12 from 1992 through 1996. PURPOSE As proposed, this bill would reduce juvenile access to cigarettes and tobacco products by restricting the placement of cigarette and tobacco product vending machines. This bill would also prohibit the distribution of free samples of cigarettes or tobacco products. This bill would place the comptroller's recommendations into law. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter H, Chapter 161, Health and Safety Code, by adding Sections 161.083, 161.084, and 161.085. Section 161.083 (a) prohibits the installation or maintenance of vending machines containing cigarettes or tobacco products except in facilities not open to persons younger than 18 years of age. Section 161.083 (b) allows the comptroller or a peace officer to seize, seal, or disable, with or without a warrant, a vending machine that violates this section. Section 161.083 (d) An offense under subsection (a) is a Class C misdemeanor. Section 161.084 (a)-(b) prohibits the distribution of a free sample of a cigarette or tobacco products. An offense under this section is a Class C misdemeanor. Section 161.084 (d) defines "playground" as an outdoor facility that is intended for recreation, open to the public, contains at least one apparatus intended for the recreation of children, and is not on the premises of a school. The section also defines "public library" as a publicly-operated library, that is open to all, and receives financial support from public funds. Section 161.085 allows local regulation of the sale or distribution of cigarettes or tobacco products, as long as that regulation is equal to or more stringent than the requirements of Subchapter H of the Health and Safety Code as amended by this bill. SECTION 2. Amends the heading of Subchapter H, Chapter 161, Health and Safety Code to read: DISTRIBUTION [SALE] OF CIGARETTES OR TOBACCO PRODUCTS [TO MINORS]. SECTION 3. Effective date; September 1, 1997. SECTION 4. Provides that the change in the law made by the bill applies only to an offense committed on or after the effective date of the bill. If any element of an applicable offense is committed before the effective date of the bill, the former law governs. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute deletes from the original bill the detailed language pertaining to the distribution of free samples of cigarettes or tobacco products (contained in the proposed Sec. 161.084 of the proposed new Chapter 161) and replaces that Section with more streamlined language which makes it unlawful, under any circumstances, to issue such free samples.