By Jones of Dallas                              H.B. No. 1010

      75R4400 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to sales of cigarettes and tobacco products using vending

 1-3     machines; 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 Section 161.083 to read as follows:

 1-7            Sec. 161.083.  VENDING MACHINES.  (a)  Except as provided by

 1-8     Subsection (b), a retailer or other person may not install or

 1-9     maintain a vending machine containing cigarettes or tobacco

1-10     products.

1-11           (b)  Subsection (a) does not apply to:

1-12                 (1)  a facility or business that employs a security

1-13     officer:

1-14                       (A)  who is registered or commissioned under the

1-15     Private Investigators  and Private Security Agencies Act (Article

1-16     4413(29bb), Vernon's Texas Civil Statutes);

1-17                       (B)  whose duties include patrolling the premises

1-18     where the vending machine is located; and

1-19                       (C)  who is instructed to prevent individuals

1-20     younger than 18 years of age from using the machine; or

1-21                 (2)  a facility or business that is not open to persons

1-22     younger than 18 years of age.

1-23           (c)  The comptroller or a peace officer may, with or without

1-24     a warrant, seize, seal, or disable a vending machine installed or

 2-1     maintained in violation of this section.  Property seized under

 2-2     this subsection must be seized in accordance with, and is subject

 2-3     to forfeiture to the state in accordance with, Subchapter H,

 2-4     Chapter 154, Tax Code, and Subchapter E, Chapter 155, Tax Code.

 2-5           (d)  A person commits an offense if the person violates

 2-6     Subsection (a).  An offense under this subsection is a Class C

 2-7     misdemeanor.

 2-8           (e)  In this section, "retailer" has the meanings assigned by

 2-9     Sections 154.001 and 155.001, Tax Code.

2-10           SECTION 2.  This Act takes effect September 1, 1997, and

2-11     applies only to the installation or maintenance of a vending

2-12     machine on or after January 1, 1998. The installation or

2-13     maintenance of a vending machine before January 1, 1998, is

2-14     governed by the law as it existed immediately before the effective

2-15     date of this Act, and that law is continued in effect for this

2-16     purpose.

2-17           SECTION 3.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.