By Maxey H.B. No. 1042
75R4563 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of tobacco products; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. DISTRIBUTION OF CIGARETTES OR TOBACCO PRODUCTS
1-6 SECTION 1.01. Subchapter H, Chapter 161, Health and Safety
1-7 Code, is amended to read as follows:
1-8 SUBCHAPTER H. DISTRIBUTION [SALE] OF CIGARETTES OR
1-9 TOBACCO PRODUCTS [TO MINORS]
1-10 Sec. 161.071 [161.081]. DEFINITIONS. In this subchapter:
1-11 (1) "Cigarette" has the meaning assigned by Section
1-12 154.001, Tax Code.
1-13 (2) "Manufacturer" has the meanings assigned by
1-14 Sections 154.001 and 155.001, Tax Code.
1-15 (3) "Retailer" has the meanings assigned by Sections
1-16 154.001 and 155.001, Tax Code.
1-17 (4) "Retail sale" means a transfer of possession from
1-18 a retailer to a consumer in connection with a purchase, sale, or
1-19 exchange for value of cigarettes or tobacco products.
1-20 (5) "Tobacco product" has the meaning assigned by
1-21 Section 155.001, Tax Code.
1-22 Sec. 161.072. ADMINISTRATION AND ENFORCEMENT. The
1-23 department shall administer this subchapter and shall conduct
1-24 random unannounced inspections of locations where cigarettes or
2-1 tobacco products are sold or delivered to ensure compliance with
2-2 this subchapter and related laws.
2-3 Sec. 161.073. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO
2-4 MINORS PROHIBITED. (a) A retailer [person] commits an offense if
2-5 the retailer or an employee of the retailer [person, as a
2-6 commercial enterprise]:
2-7 (1) sells, gives, or causes to be sold or given a
2-8 cigarette or [other] tobacco product to someone [the person knows
2-9 is] younger than 18 years of age; or
2-10 (2) sells, gives, or causes to be sold or given a
2-11 cigarette or [other] tobacco product to another person, knowing
2-12 that the person receiving the cigarette or [other] tobacco product
2-13 intends to deliver it to someone who is younger than 18 years of
2-14 age.
2-15 (b) An offense under this section is a Class C misdemeanor.
2-16 (c) In a criminal proceeding under this section, it is not
2-17 necessary to prove the intent, knowledge, recklessness, or criminal
2-18 negligence of the defendant beyond the degree of culpability, if
2-19 any, stated in Subsection (a) to establish criminal responsibility
2-20 for the violation.
2-21 (d) It is a defense to prosecution under this section that
2-22 the person to whom the cigarette or [other] tobacco product was
2-23 sold or given presented to the defendant an apparently valid Texas
2-24 driver's license or an identification card, issued by the
2-25 Department of Public Safety and containing a physical description
2-26 consistent with the person's appearance, that purported to
2-27 establish that the person was 18 years of age or older.
3-1 Sec. 161.074. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO
3-2 PERSONS YOUNGER THAN 27 YEARS OF AGE. (a) A person may not sell,
3-3 give, or cause to be sold or given a cigarette or tobacco product
3-4 to someone who is younger than 27 years of age unless the person to
3-5 whom the cigarette or tobacco product was sold or given presents an
3-6 apparently valid proof of identification.
3-7 (b) A retailer shall adequately supervise the retailer's
3-8 agents and employees to prevent a violation of Subsection (a).
3-9 (c) A proof of identification described by Section
3-10 161.073(d) satisfies the requirements of Subsection (a).
3-11 Sec. 161.075. [Sec. 161.082.] WARNING NOTICE. (a) Each
3-12 retailer [person] who sells cigarettes or tobacco products at
3-13 retail [or by vending machine] shall post a sign in a location that
3-14 is conspicuous to all employees and customers and that is close to
3-15 the place at which the cigarettes or tobacco products may be
3-16 purchased.
3-17 (b) The sign must include the statement:
3-18 SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF
3-19 AGE IS PROHIBITED BY LAW. UPON CONVICTION, A MAXIMUM FINE OF UP TO
3-20 $200 MAY BE IMPOSED.
3-21 (c) The board by rule shall determine the design and size of
3-22 the sign.
3-23 (d) The department on request shall provide the sign without
3-24 charge to any retailer [person] who sells cigarettes or tobacco
3-25 [cigarette] products. The department may provide the sign without
3-26 charge to [cigarette] distributors or wholesale dealers of
3-27 cigarettes or tobacco [cigarette] products in this state for
4-1 distribution to retailers [persons] who sell cigarettes or tobacco
4-2 [cigarette] products. A distributor or wholesale dealer may not
4-3 charge for distributing a sign under this subsection.
4-4 (e) A retailer [person] commits an offense if the person
4-5 intentionally fails to display a sign as prescribed by this
4-6 section. An offense under this subsection is a Class C
4-7 misdemeanor.
4-8 Sec. 161.076. USE OF VENDING MACHINES CONTAINING CIGARETTES
4-9 OR TOBACCO PRODUCTS PROHIBITED. (a) A person may not install or
4-10 maintain a vending machine containing cigarettes or tobacco
4-11 products or use a vending machine for the retail sale of cigarettes
4-12 or tobacco products.
4-13 (b) A person who violates Subsection (a) commits an offense.
4-14 An offense under this subsection is a Class C misdemeanor.
4-15 Sec. 161.077. DISTRIBUTION OF CIGARETTES OR TOBACCO
4-16 PRODUCTS. (a) A person may not distribute a free sample of a
4-17 cigarette or tobacco product in a location that is open to persons
4-18 younger than 18 years of age.
4-19 (b) A person may not accept or redeem, offer to accept or
4-20 redeem, or hire a person to accept or redeem a coupon or other item
4-21 used to receive a free, discounted, or sample cigarette or tobacco
4-22 product unless the coupon may be accepted or redeemed only in
4-23 person by a person 18 years of age or older in a transaction
4-24 subject to Sections 161.073 and 161.074.
4-25 (c) A person may not deliver cigarettes or tobacco products
4-26 to another person in this state by mail or another delivery
4-27 service. This subsection does not apply to a transaction between
5-1 permit holders or between a manufacturer and a permit holder.
5-2 (d) A person who violates this section commits an offense.
5-3 An offense under this subsection is a Class C misdemeanor.
5-4 Sec. 161.078. DISPLAY OF TOBACCO PRODUCTS. A retailer may
5-5 not offer cigarettes or tobacco products for sale in a manner that
5-6 permits a customer direct access to the cigarettes or tobacco
5-7 products. A retailer shall store cigarettes and tobacco products:
5-8 (1) behind a sales counter or other barrier that makes
5-9 the cigarettes and tobacco products inaccessible to customers;
5-10 (2) in a locked case; or
5-11 (3) in a storage area that is inaccessible to
5-12 customers.
5-13 Sec. 161.079. ACKNOWLEDGMENT REQUIRED. A retailer may not
5-14 conduct, or allow an employee or other person to conduct on behalf
5-15 of the retailer, a retail sale of a cigarette or tobacco product
5-16 unless the person conducting the sale has signed the acknowledgment
5-17 required by Section 161.080.
5-18 Sec. 161.080. ACKNOWLEDGMENT. (a) Each person who conducts
5-19 a retail sale of a cigarette or tobacco product and each retailer
5-20 who employs or authorizes another person to conduct a retail sale
5-21 of a cigarette or tobacco product on the employing or authorizing
5-22 retailer's behalf shall sign a document acknowledging that the
5-23 person:
5-24 (1) is familiar with the provisions of Sections
5-25 161.073 and 161.074; and
5-26 (2) will abide by those provisions.
5-27 (b) The department shall adopt a form to be used to satisfy
6-1 the requirements of this section.
6-2 Sec. 161.081. JURISDICTION OF CRIMINAL PROCEEDING. (a) A
6-3 municipal court, including a municipal court of record, has
6-4 jurisdiction in all criminal cases arising under this subchapter
6-5 that:
6-6 (1) arise within the territorial limits of the
6-7 municipality; and
6-8 (2) are punishable only by a fine not to exceed
6-9 $2,000.
6-10 (b) This section prevails over any other law, ordinance, or
6-11 charter.
6-12 Sec. 161.082. MUNICIPAL ENFORCEMENT. (a) The governing
6-13 body of a municipality may grant authority under this section to a
6-14 municipal employee who is not a peace officer and who is employed
6-15 by:
6-16 (1) a health authority appointed under Section
6-17 121.021;
6-18 (2) a local health department established under
6-19 Section 121.031; or
6-20 (3) a public health district established under Section
6-21 121.041.
6-22 (b) The governing body may grant to the employee the power
6-23 to conduct random unannounced inspections of locations where
6-24 cigarettes or tobacco products are sold or delivered within the
6-25 territorial limits of the municipality.
6-26 (c) The governing body may also grant to the employee the
6-27 authority to issue a citation in the territorial limits of the
7-1 municipality to enforce a provision of this subchapter. The
7-2 citation must state the name of the person cited, the violation
7-3 charged, and the time and place the person is required to appear in
7-4 court.
7-5 (d) The court in which a person who receives a citation
7-6 under Subsection (c) is to appear may issue an arrest warrant for
7-7 the person for the violation described in the citation if the
7-8 person fails to appear on or before the return date stated in the
7-9 citation.
7-10 Sec. 161.083. INJUNCTION. (a) A district court, on
7-11 petition of the department or the comptroller and on a finding by
7-12 the court that a person is violating this subchapter, may by
7-13 injunction:
7-14 (1) prohibit the person from continuing the violation;
7-15 or
7-16 (2) grant any other injunctive relief warranted by the
7-17 facts.
7-18 (b) The attorney general, in the name of the state, shall
7-19 institute and conduct a suit authorized by this section at the
7-20 request of the department or the comptroller.
7-21 (c) A suit for injunctive relief must be brought in Travis
7-22 County.
7-23 (d) If the attorney general brings an action against a
7-24 person under this section and an injunction is granted against the
7-25 person, the attorney general may recover, on behalf of the attorney
7-26 general and the department or the comptroller, as appropriate,
7-27 reasonable expenses and costs.
8-1 (e) In this section, "reasonable expenses and costs" include
8-2 expenses incurred by the department or comptroller and the attorney
8-3 general in the investigation, initiation, or prosecution of an
8-4 action, including reasonable investigative costs, court costs,
8-5 attorney's fees, witness fees, and deposition expenses.
8-6 (f) Costs and expenses collected under this section shall be
8-7 deposited in the state treasury.
8-8 Sec. 161.084. PREEMPTION OF LOCAL LAW. This subchapter does
8-9 not preempt a local regulation of the sale, distribution, or use of
8-10 cigarettes or tobacco products or affect the authority of a
8-11 political subdivision to adopt or enforce an ordinance or
8-12 requirement relating to the sale, distribution, or use of
8-13 cigarettes or tobacco products if the regulation, ordinance, or
8-14 requirement:
8-15 (1) is compatible with and equal to or more stringent
8-16 than a requirement prescribed by this subchapter; or
8-17 (2) relates to an issue that is not specifically
8-18 addressed by this subchapter or Chapter 154 or 155, Tax Code.
8-19 ARTICLE 2. ADVERTISING OF CIGARETTES OR TOBACCO PRODUCTS
8-20 SECTION 2.01. Subchapter K, Chapter 161, Health and Safety
8-21 Code, is amended to read as follows:
8-22 SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE OR TOBACCO
8-23 PRODUCT ADVERTISING
8-24 Sec. 161.121. DEFINITIONS. In this subchapter:
8-25 (1) "Church" means a facility that is owned by a
8-26 religious organization and that is used primarily for religious
8-27 services.
9-1 (2) "Manufacturer" has the meanings assigned by
9-2 Sections 154.001 and 155.001, Tax Code.
9-3 (3) "Permit holder" has the meanings assigned by
9-4 Sections 154.001 and 155.001, Tax Code.
9-5 (4) "Public events center" means a sports or
9-6 entertainment arena, stadium, community and convention hall, or
9-7 specialty event center. The term does not include a facility
9-8 designed to accommodate less than 100 people.
9-9 (5) "Public transportation vehicle" means a vehicle
9-10 owned or operated by a public or private entity and used to provide
9-11 transportation service to the public, whether that transportation
9-12 is provided by bus, rail, watercraft, or other means. The term
9-13 includes a taxicab but does not include another private passenger
9-14 motor vehicle.
9-15 (6) "School" means a private or public elementary or
9-16 secondary school.
9-17 (7) [(3)] "Sign" means an outdoor medium, including a
9-18 structure, display, light device, figure, painting, drawing,
9-19 message, plaque, poster, or billboard, that is:
9-20 (A) used to advertise or inform; and
9-21 (B) visible from the main-traveled way of a
9-22 street or highway.
9-23 (8) [(4)] "Tobacco product" has the meaning assigned
9-24 by Section 155.001, Tax Code.
9-25 (9) "Video arcade facility" means a facility or part
9-26 of a facility that:
9-27 (A) is open to the public;
10-1 (B) is intended primarily for the use of pinball
10-2 or video machines; and
10-3 (C) contains at least three pinball or video
10-4 machines.
10-5 Sec. 161.122. PROHIBITION; EXCEPTION [EXCEPTIONS]. (a) A
10-6 sign containing an advertisement for cigarettes or tobacco products
10-7 may not be located closer than 500 feet to a church or school.
10-8 (b) The measurement of the distance between the sign
10-9 containing an advertisement for cigarettes or tobacco products and
10-10 an institution listed in Subsection (a) is from the nearest
10-11 property line of the institution to a point on a street or highway
10-12 closest to the sign, along street lines and in direct lines across
10-13 intersections.
10-14 (c) This section does not apply to[:]
10-15 [(1) a sign located on or in a facility owned or
10-16 leased by a professional sports franchise or in a facility where
10-17 professional sports events are held at least 10 times during a
10-18 12-month period; or]
10-19 [(2)] a contract for a cigarette or other tobacco
10-20 product advertisement entered into before August 26, 1991.
10-21 [(d) In Subsection (c)(1), a "facility" includes a stadium,
10-22 arena, or events center and any land or property owned or leased by
10-23 the professional sports franchise that is connected to or
10-24 immediately contiguous to the stadium, arena, or events center.]
10-25 Sec. 161.123. PROHIBITION RELATING TO ADVERTISING ON PUBLIC
10-26 TRANSPORTATION. (a) A person may not place or authorize the
10-27 placement of an advertisement for a cigarette or other tobacco
11-1 product on the outside or inside of a public transportation
11-2 vehicle.
11-3 (b) A person who violates Subsection (a) commits an offense.
11-4 An offense under this subsection is a Class C misdemeanor.
11-5 Sec. 161.124. VIDEO ARCADE FACILITY; GAMES. (a) A person
11-6 may not place or authorize the placement of an advertisement for a
11-7 cigarette or other tobacco product on:
11-8 (1) the outside or inside of a video arcade facility;
11-9 or
11-10 (2) a video, pinball, or other similar game.
11-11 (b) A person who violates Subsection (a) commits an offense.
11-12 An offense under this subsection is a Class C misdemeanor.
11-13 Sec. 161.125. PUBLIC EVENTS CENTER ADVERTISING. (a) A
11-14 person may not place or authorize the placement of an advertisement
11-15 for a cigarette or other tobacco product on the outside or inside
11-16 of a public events center.
11-17 (b) This section does not apply to a public events center if
11-18 the owner or operator of the center submits to the department in
11-19 accordance with Section 161.126 a signed statement:
11-20 (1) certifying that the owner or operator believes, in
11-21 good faith, that at least 75 percent of the individuals who will
11-22 attend events at the center in the year following the certification
11-23 will be at least 18 years of age; and
11-24 (2) stating the facts on which this belief is based.
11-25 (c) A person who violates Subsection (a) commits an offense.
11-26 An offense under this subsection is a Class C misdemeanor.
11-27 Sec. 161.126. FORM OF CERTIFICATION; FEE. (a) Certification
12-1 under Section 161.125 must be made annually, in the form prescribed
12-2 by the department.
12-3 (b) The department may charge an annual fee not to exceed
12-4 $250 for accepting a certification under Section 161.125, as
12-5 necessary to defray the cost of administering the department's
12-6 duties under this section and Section 161.125(b).
12-7 Sec. 161.127. DELIVERY OF PROMOTIONAL ITEM. A manufacturer
12-8 or permit holder who distributes a promotional item in conjunction
12-9 with advertising or sale of a cigarette or tobacco product may not
12-10 knowingly or negligently distribute the promotional item to a
12-11 person younger than 18 years of age.
12-12 Sec. 161.128. INJUNCTION. (a) A district court, on
12-13 petition of the department or the comptroller and on a finding by
12-14 the court that a person is violating this subchapter, may by
12-15 injunction:
12-16 (1) prohibit the person from continuing the violation;
12-17 or
12-18 (2) grant any other injunctive relief warranted by the
12-19 facts.
12-20 (b) The attorney general, in the name of the state, shall
12-21 institute and conduct a suit authorized by this section at the
12-22 request of the department or the comptroller.
12-23 (c) A suit for injunctive relief must be brought in Travis
12-24 County.
12-25 (d) If the attorney general brings an action against a
12-26 person under this section and an injunction is granted against the
12-27 person, the attorney general may recover, on behalf of the attorney
13-1 general and the department or the comptroller, as appropriate,
13-2 reasonable expenses and costs.
13-3 (e) In this section, "reasonable expenses and costs" include
13-4 expenses incurred by the department or comptroller and the attorney
13-5 general in the investigation, initiation, or prosecution of an
13-6 action, including reasonable investigative costs, court costs,
13-7 attorney's fees, witness fees, and deposition expenses.
13-8 (f) Costs and expenses collected under this section shall be
13-9 deposited in the state treasury.
13-10 Sec. 161.129. PREEMPTION OF LOCAL LAW. This subchapter does
13-11 not preempt a local regulation of the sale, distribution, or use of
13-12 cigarettes or tobacco products or affect the authority of a
13-13 political subdivision to adopt or enforce an ordinance or
13-14 requirement relating to the sale, distribution, or use of
13-15 cigarettes or tobacco products if the regulation, ordinance, or
13-16 requirement:
13-17 (1) is compatible with and equal to or more stringent
13-18 than a requirement prescribed by this subchapter; or
13-19 (2) relates to an issue that is not specifically
13-20 addressed by this subchapter or Chapter 154 or 155, Tax Code.
13-21 ARTICLE 3. ASSESSMENT OF ADMINISTRATIVE PENALTIES
13-22 SECTION 3.01. Chapter 154, Tax Code, is amended by adding
13-23 Subchapter K to read as follows:
13-24 SUBCHAPTER K. ENFORCEMENT OF RESTRICTIONS ON DISTRIBUTION AND
13-25 ADVERTISING OF CIGARETTES
13-26 Sec. 154.701. ADMINISTRATIVE PENALTY. (a) The comptroller
13-27 may assess an administrative penalty against a permit holder or
14-1 manufacturer who violates Subchapter H or K, Chapter 161, Health
14-2 and Safety Code.
14-3 (b) The penalty may not exceed $50,000 for each violation.
14-4 Each day of a continuing violation constitutes a separate
14-5 violation.
14-6 (c) In determining the amount of an administrative penalty
14-7 assessed under this section, the comptroller shall consider:
14-8 (1) the seriousness of the violation;
14-9 (2) the history of previous violations;
14-10 (3) the amount necessary to deter future violations;
14-11 (4) efforts made to correct the violation; and
14-12 (5) any other matters that justice may require.
14-13 (d) All proceedings for the assessment of an administrative
14-14 penalty under this chapter are subject to Chapter 2001, Government
14-15 Code.
14-16 (e) The comptroller by rule shall establish a procedure for
14-17 assessment of an administrative penalty under this section.
14-18 (f) The comptroller and the Texas Department of Health shall
14-19 enter into a memorandum of understanding under which the department
14-20 investigates matters relating to compliance with Subchapter H or K,
14-21 Chapter 161, Health and Safety Code, and provides the comptroller
14-22 with recommendations for action under this section. The department
14-23 may provide additional support to the comptroller to enforce
14-24 Subchapters H and K, Chapter 161, Health and Safety Code, in
14-25 accordance with the memorandum of understanding.
14-26 SECTION 3.02. Chapter 155, Tax Code, is amended by adding
14-27 Subchapter I to read as follows:
15-1 SUBCHAPTER I. ENFORCEMENT OF RESTRICTIONS ON DISTRIBUTION AND
15-2 ADVERTISING OF TOBACCO PRODUCTS
15-3 Sec. 155.261. ADMINISTRATIVE PENALTY. (a) The comptroller
15-4 may assess an administrative penalty against a permit holder or
15-5 manufacturer who violates Subchapter H or K, Chapter 161, Health
15-6 and Safety Code.
15-7 (b) The penalty may not exceed $50,000 for each violation.
15-8 Each day of a continuing violation constitutes a separate
15-9 violation.
15-10 (c) In determining the amount of an administrative penalty
15-11 assessed under this section, the comptroller shall consider:
15-12 (1) the seriousness of the violation;
15-13 (2) the history of previous violations;
15-14 (3) the amount necessary to deter future violations;
15-15 (4) efforts made to correct the violation; and
15-16 (5) any other matters that justice may require.
15-17 (d) All proceedings for the assessment of an administrative
15-18 penalty under this chapter are subject to Chapter 2001, Government
15-19 Code.
15-20 (e) The comptroller by rule shall establish a procedure for
15-21 assessment of an administrative penalty under this section.
15-22 (f) The comptroller and the Texas Department of Health shall
15-23 enter into a memorandum of understanding under which the department
15-24 investigates matters relating to compliance with Subchapter H or K,
15-25 Chapter 161, Health and Safety Code, and provides the comptroller
15-26 with recommendations for action under this section. The department
15-27 may provide additional support to the comptroller to enforce
16-1 Subchapters H and K, Chapter 161, Health and Safety Code, in
16-2 accordance with the memorandum of understanding.
16-3 ARTICLE 4. FUNDING FOR ENFORCEMENT
16-4 SECTION 4.01. Section 154.021(b), Tax Code, is amended to
16-5 read as follows:
16-6 (b) The tax rates are:
16-7 (1) $33 [$20.50] per thousand on cigarettes weighing
16-8 three pounds or less per thousand; and
16-9 (2) the rate provided by Subdivision (1) plus $2.10
16-10 per thousand on cigarettes weighing more than three pounds per
16-11 thousand.
16-12 SECTION 4.02. Section 154.603(b), Tax Code, is amended to
16-13 read as follows:
16-14 (b) The revenue remaining after the deductions for the
16-15 purposes provided by Section 154.602 of this code and allocation
16-16 under Subsection (a) of this section is allocated as follows:
16-17 (1) $10 per thousand cigarettes to the tobacco use
16-18 public awareness campaign account established under Section
16-19 161.252, Health and Safety Code;
16-20 (2) $2.50 per thousand cigarettes to the tobacco law
16-21 enforcement account established under Section 161.253, Health and
16-22 Safety Code; and
16-23 (3) the remainder to the general revenue fund.
16-24 SECTION 4.03. Section 154.121, Tax Code, is amended to read
16-25 as follows:
16-26 Sec. 154.121. REVENUE. Subject to Section 154.122, revenue
16-27 [Revenue] from the sale of permits to distributors, wholesalers,
17-1 and bonded agents shall be deposited in the state treasury to the
17-2 credit of the tobacco law enforcement account established under
17-3 Subchapter N, Chapter 161, Health and Safety Code [is allocated in
17-4 the same manner as other revenue allocated by Subchapter J].
17-5 SECTION 4.04. Subchapter D, Chapter 154, Tax Code, is
17-6 amended by adding Section 154.122 to read as follows:
17-7 Sec. 154.122. ENFORCEMENT FUNDS; PERMIT REVENUE. The
17-8 legislature may appropriate money from the revenue received from
17-9 permits issued under Section 154.110 to the comptroller for the
17-10 administration of the duties of the comptroller in issuing the
17-11 permits and in enforcing this chapter. Amounts appropriated under
17-12 this section shall be taken from revenue received from the permits
17-13 before the revenue is allocated under Section 154.121 to the
17-14 account specified by that section.
17-15 SECTION 4.05. Section 155.058, Tax Code, is amended to read
17-16 as follows:
17-17 Sec. 155.058. REVENUE. Subject to Section 155.0585, revenue
17-18 [Revenue] from the sale of permits to distributors, wholesalers,
17-19 and bonded agents shall be deposited in the state treasury to the
17-20 credit of the tobacco law enforcement account established under
17-21 Subchapter N, Chapter 161, Health and Safety Code [is allocated in
17-22 the same manner that other revenue is allocated by Subchapter H].
17-23 SECTION 4.06. Subchapter C, Chapter 155, Tax Code, is
17-24 amended by adding Section 155.0585 to read as follows:
17-25 Sec. 155.0585. ENFORCEMENT FUNDS; PERMIT REVENUE. The
17-26 legislature may appropriate money from the revenue received from
17-27 permits issued under Section 155.048 to the comptroller for the
18-1 administration of the duties of the comptroller in issuing the
18-2 permits and in enforcing this chapter. Amounts appropriated under
18-3 this section shall be taken from revenue received from the permits
18-4 before the revenue is allocated under Section 155.058 to the
18-5 account specified by that section.
18-6 SECTION 4.07. Chapter 161, Health and Safety Code, is
18-7 amended by adding Subchapter N to read as follows:
18-8 SUBCHAPTER N. TOBACCO LAW ENFORCEMENT AND EDUCATION
18-9 Sec. 161.251. TOBACCO USE PUBLIC AWARENESS CAMPAIGN. (a)
18-10 The department shall develop and implement a public awareness
18-11 campaign designed to reduce tobacco use by minors in this state.
18-12 The campaign may use advertisements or similar communications to
18-13 provide educational information about tobacco use.
18-14 (b) The department may contract with another person to
18-15 develop and implement the public awareness campaign.
18-16 Sec. 161.252. TOBACCO USE PUBLIC AWARENESS CAMPAIGN ACCOUNT.
18-17 The tobacco use public awareness campaign account is an account in
18-18 the state treasury. The account is composed of money deposited to
18-19 the account under Section 154.603(b), Tax Code. Money in the fund
18-20 may be appropriated only to the department to develop and implement
18-21 the tobacco use public awareness campaign under Section 161.251.
18-22 Sec. 161.253. TOBACCO LAW ENFORCEMENT ACCOUNT. The tobacco
18-23 law enforcement account is an account in the state treasury. The
18-24 account is composed of money deposited to the account under
18-25 Chapters 154 and 155, Tax Code. Money in the fund may be
18-26 appropriated only to:
18-27 (1) the department for enforcement of Subchapters H
19-1 and K; and
19-2 (2) an appropriate state agency to implement or
19-3 enforce federal law or regulations relating to cigarettes and
19-4 tobacco products, as authorized or required by federal law or
19-5 regulation.
19-6 ARTICLE 5. INTENT; TRANSITION; EFFECTIVE DATE;
19-7 EMERGENCY CLAUSE
19-8 SECTION 5.01. Subchapters H and K, Chapter 161, Health and
19-9 Safety Code, as amended by this Act, are cumulative of any federal
19-10 law or regulation governing the same subject as a provision of
19-11 those subchapters. It is the intent of the legislature that, to
19-12 the extent permitted by the federal law or regulation, a provision
19-13 of this subchapter that is compatible with and equal to or more
19-14 stringent than a requirement prescribed by the federal law or
19-15 regulation be enforced as provided by those subchapters and by
19-16 Chapters 154 and 155, Tax Code.
19-17 SECTION 5.02. (a) This Act takes effect September 1, 1997.
19-18 (b) This Act applies only to the acceptance or redemption of
19-19 a coupon or the sale or distribution of cigarettes, tobacco
19-20 products, and promotional items on or after September 1, 1997. The
19-21 acceptance or redemption of a coupon or the sale or distribution of
19-22 a cigarette, tobacco product, or promotional item before that date
19-23 is governed by the law in effect when the sale or distribution was
19-24 made, and that law is continued in effect for that purpose.
19-25 SECTION 5.03. (a) The change in law made by this Act
19-26 applies only to an offense committed on or after the effective date
19-27 of this Act.
20-1 (b) An offense committed before the effective date of this
20-2 Act is governed by the law in effect when the offense was
20-3 committed, and the former law is continued in effect for that
20-4 purpose.
20-5 (c) For purposes of this section, an offense is committed
20-6 before the effective date of this Act if any element of the offense
20-7 occurs before that date.
20-8 SECTION 5.04. The change in law made by Sections 4.01 and
20-9 4.02 of this Act does not affect taxes imposed before the effective
20-10 date of this Act, and the law in effect before the effective date
20-11 of this Act is continued in effect for purposes of the liability
20-12 for and collection of those taxes.
20-13 SECTION 5.05. The importance of this legislation and the
20-14 crowded condition of the calendars in both houses create an
20-15 emergency and an imperative public necessity that the
20-16 constitutional rule requiring bills to be read on three several
20-17 days in each house be suspended, and this rule is hereby suspended.