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.