By Kubiak                                        H.B. No. 415

      75R2550 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the installation and maintenance of vending machines

 1-3     that dispense cigarettes or other tobacco products; providing a

 1-4     criminal penalty.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter H, Chapter 161, Health and Safety

 1-7     Code, is amended by adding Section 161.083 to read as follows:

 1-8           Sec. 161.083.  LOCATION OF VENDING MACHINES CONTAINING

 1-9     CIGARETTES OR OTHER TOBACCO PRODUCTS.  (a)  Except as provided by

1-10     Subsection (b), a person may not install or maintain a vending

1-11     machine that dispenses cigarettes or other tobacco products in a

1-12     place that is generally accessible to the public or to persons

1-13     younger than 18 years of age, regardless of whether it is

1-14     accessible to the public.

1-15           (b)  Subsection (a) does not apply to:

1-16                 (1)  a bar, lounge, or similar place where a person

1-17     younger than 18 years of age may not enter unless accompanied by a

1-18     parent or guardian;

1-19                 (2)  a private business office that is not open to

1-20     persons younger than 18 years of age;

1-21                 (3)  an industrial or manufacturing plant; or

1-22                 (4)  an installation or facility of the state military

1-23     forces.

1-24           (c)  This section does not preempt a local regulation of the

 2-1     installation or maintenance of a vending machine that dispenses

 2-2     cigarettes or other tobacco products or affect the authority of a

 2-3     political subdivision to adopt or enforce an ordinance or

 2-4     requirement relating to the installation or maintenance of a

 2-5     vending machine that dispenses cigarettes or other tobacco products

 2-6     if the regulation, ordinance, or requirement is compatible with and

 2-7     equal to or more stringent than this section.

 2-8           (d)  A person commits an offense if the person violates

 2-9     Subsection (a).  An offense under this subsection is a Class C

2-10     misdemeanor.

2-11           SECTION 2.  This Act takes effect September 1, 1997.

2-12           SECTION 3.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended.