By Davila                                       H.B. No. 1086

      75R2952 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the offense of selling certain quantities of

 1-3     cigarettes.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 154.504, Tax Code, is amended to read as

 1-6     follows:

 1-7           Sec. 154.504.  POSSESSION OF QUANTITIES LESS THAN INDIVIDUAL

 1-8     PACKAGE.  A person commits an offense if the person sells

 1-9     cigarettes in quantities less than an individual package containing

1-10     at least 20 cigarettes.

1-11           SECTION 2.  This Act takes effect September 1, 1997.

1-12           SECTION 3.  (a)  The change in law made by this Act applies

1-13     only to the punishment for an offense committed on or after the

1-14     effective date of this Act.  For purposes of this section, an

1-15     offense is committed before the effective date of this Act if any

1-16     element of the offense occurs before the effective date.

1-17           (b)  An offense committed before the effective date of this

1-18     Act is covered by the law in effect when the offense was committed,

1-19     and the former law is continued in effect for that purpose.

1-20           SECTION 4.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

1-24     days in each house be suspended, and this rule is hereby suspended.