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.