By Alvarado H.B. No. 493
75R2667 DLF-D
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 subsection is a Class C
1-22 misdemeanor.
1-23 Sec. 161.084. DISTRIBUTION OF FREE SAMPLES OF CIGARETTES OR
1-24 TOBACCO PRODUCTS. (a) A person may not distribute a free sample
2-1 of a cigarette or tobacco product:
2-2 (1) at a facility owned or operated by this state, an
2-3 agency of this state, or a municipality or other political
2-4 subdivision of this state; or
2-5 (2) closer than 1000 feet from:
2-6 (A) an institution of higher education;
2-7 (B) a playground;
2-8 (C) a public library; or
2-9 (D) a school.
2-10 (b) The measurement of the distance between the place of
2-11 distribution and a facility listed in Subsection (a)(2) is from the
2-12 nearest property line of the facility to the point on a street or
2-13 highway closest to the place of distribution, along street lines
2-14 and in direct lines across intersections.
2-15 (c) A person who violates Subsection (a) commits an offense.
2-16 An offense under this subsection is a Class C misdemeanor.
2-17 (d) In this section:
2-18 (1) "Institution of higher education" has the meaning
2-19 assigned by Section 61.003, Education Code, and includes a "private
2-20 or independent institution of higher education" as defined by
2-21 Section 61.003.
2-22 (2) "Playground" means any outdoor facility that is
2-23 not on the premises of a school and that:
2-24 (A) is intended for recreation;
2-25 (B) is open to the public; and
2-26 (C) contains at least one apparatus intended for
2-27 the recreation of children, such as slides, swing sets, and
3-1 teeterboards.
3-2 (3) "Public library" means a library that is operated
3-3 by this state, an agency of this state, or a municipality or other
3-4 political subdivision of this state, that is freely open to all
3-5 persons under identical conditions, and that receives its financial
3-6 support in whole or part from public funds.
3-7 (4) "School" means a private or public elementary or
3-8 secondary school.
3-9 Sec. 161.085. PREEMPTION OF LOCAL LAW. This subchapter does
3-10 not preempt a local regulation on the sale, distribution, or use of
3-11 cigarettes or tobacco products or affect the authority of a
3-12 political subdivision to adopt or enforce an ordinance or
3-13 requirement relating to the sale, distribution, or use of
3-14 cigarettes or tobacco products if the regulation, ordinance, or
3-15 requirement:
3-16 (1) is compatible with and equal to or more stringent
3-17 than a requirement prescribed by this subchapter; or
3-18 (2) relates to an issue that is not specifically
3-19 addressed by this subchapter or Chapter 154 or 155, Tax Code.
3-20 SECTION 2. The heading of Subchapter H, Chapter 161, Health
3-21 and Safety Code, is amended to read as follows:
3-22 SUBCHAPTER H. DISTRIBUTION [SALE] OF CIGARETTES OR TOBACCO
3-23 PRODUCTS [TO MINORS]
3-24 SECTION 3. This Act takes effect September 1, 1997.
3-25 SECTION 4. The change in law made by this Act applies only
3-26 to an offense committed on or after the effective date of this Act.
3-27 For purposes of this subsection, an offense is committed before the
4-1 effective date of this Act if any element of the offense occurs
4-2 before that date. An offense committed before the effective date
4-3 of this Act is governed by the law in effect when the offense was
4-4 committed, and the former law is continued in effect for that
4-5 purpose.
4-6 SECTION 5. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.