By Alvarado H.B. No. 493
Substitute the following for H.B. No. 493:
By Wolens C.S.H.B. No. 493
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the sale or distribution of tobacco
1-3 products; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 161, Health and Safety
1-6 Code, is amended by adding Sections 161.083, 161.084, and 161.085
1-7 to read as follows:
1-8 Sec. 161.083. VENDING MACHINES PROHIBITED. (a) Except as
1-9 provided by Subsection (b), a person may not install or maintain a
1-10 vending machine containing cigarettes or tobacco products.
1-11 (b) Subsection (a) does not apply to a vending machine
1-12 located in a facility or business that is not open to persons
1-13 younger than 18 years of age.
1-14 (c) The comptroller or a peace officer may, with or without
1-15 a warrant, seize, seal, or disable a vending machine installed or
1-16 maintained in violation of this section. Property seized under
1-17 this subsection must be seized in accordance with, and is subject
1-18 to forfeiture to the state in accordance with, Subchapter H,
1-19 Chapter 154, Tax Code, and Subchapter E, Chapter 155, Tax Code.
1-20 (d) A person commits an offense if the person violates
1-21 Subsection (a). An offense under this section is a Class C
1-22 misdemeanor.
1-23 Sec. 161.084. DISTRIBUTION OF FREE SAMPLES OF CIGARETTES OR
1-24 TOBACCO PRODUCTS. (a) No person, manufacturer, distributor, or
2-1 retailer may distribute or cause to be distributed any free samples
2-2 of cigarettes or tobacco products.
2-3 (b) An offense under this section is a Class C misdemeanor.
2-4 Sec. 161.085. PREEMPTION OF LOCAL LAW. This subchapter does
2-5 not preempt a local regulation on the sale, distribution, or use of
2-6 cigarettes or tobacco products or affect the authority of a
2-7 political subdivision to adopt or enforce an ordinance or
2-8 requirement relating to the sale, distribution, or use of
2-9 cigarettes or tobacco products if the regulation, ordinance, or
2-10 requirement:
2-11 (1) is compatible with and equal to or more stringent
2-12 than a requirement prescribed by this subchapter; or
2-13 (2) relates to an issue that is not specifically
2-14 addressed by this subchapter or Chapter 154 or 155, Tax Code.
2-15 SECTION 2. The heading of Subchapter H, Chapter 161, Health
2-16 and Safety Code, is amended to read as follows:
2-17 SUBCHAPTER H. DISTRIBUTION [SALE] OF CIGARETTES OR TOBACCO
2-18 PRODUCTS [TO MINORS]
2-19 SECTION 3. This Act takes effect September 1, 1997.
2-20 SECTION 4. The change in law made by this Act applies only
2-21 to an offense committed on or after the effective date of this Act.
2-22 For purposes of this subsection, an offense is committed before the
2-23 effective date of this Act if any element of the offense occurs
2-24 before that date. An offense committed before the effective date
2-25 of this Act is governed by the law in effect when the offense was
2-26 committed, and the former law is continued in effect for that
2-27 purpose.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.