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.