By Davila                                       H.B. No. 1087

      75R4483 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating  to the delivery of free cigarettes or other tobacco

 1-3     products in a public place; providing a criminal penalty.

 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 and 161.084 to read as

 1-7     follows:

 1-8           Sec. 161.083.  DELIVERY OF FREE CIGARETTES OR OTHER TOBACCO

 1-9     PRODUCTS.  (a)  A person in the business of selling or promoting

1-10     cigarettes or other tobacco products, or an agent or employee of

1-11     that person, may not deliver or offer to deliver to another person

1-12     in a public place:

1-13                 (1)  free cigarettes or other tobacco products in any

1-14     of their forms; or

1-15                 (2)  coupons for discounted or free cigarettes or

1-16     tobacco products.

1-17           (b)  A person commits an offense if the person violates this

1-18     section.  An offense under this subsection is a Class C

1-19     misdemeanor.

1-20           (c)  In this section:

1-21                 (1)  "Deliver" means to make the actual or constructive

1-22     transfer from one person to another of an item, regardless of

1-23     whether there is an agency relationship between the persons.

1-24                 (2)  "Public place" means any place under the control

 2-1     of the state or a political subdivision of the state to which the

 2-2     public or a substantial group of the public has access.  The term

 2-3     includes a public street, highway, bridge, alley, sidewalk, and

 2-4     park.

 2-5           Sec. 161.084.  EXCEPTION.  It is an exception to the

 2-6     application of Section 161.083 that the delivery or offer for

 2-7     delivery occurred at a meeting or convention held by a private

 2-8     organization at which only members of the organization or invited

 2-9     guests are permitted to attend.

2-10           SECTION 2.  The heading to Subchapter H, Chapter 161, Health

2-11     and Safety Code, is amended to read as follows:

2-12                   SUBCHAPTER H.  [SALE OF] CIGARETTES OR

2-13                        TOBACCO PRODUCTS  [TO MINORS]

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended,

2-19     and that this Act take effect and be in force from and after its

2-20     passage, and it is so enacted.