By Smith H.B. No. 1245
75R5206 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possession or use of or access to cigarettes or tobacco
1-3 products by minors; 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 to read as follows:
1-7 SUBCHAPTER H. POSSESSION OR USE OF OR ACCESS TO [SALE OF] CIGARETTES
1-8 OR TOBACCO PRODUCTS BY [TO] MINORS
1-9 Sec. 161.081. DEFINITIONS. In this subchapter:
1-10 (1) "Cigarette" has the meaning assigned by Section
1-11 154.001, Tax Code.
1-12 (2) "Minor" means an individual younger than 18 years
1-13 of age.
1-14 (3) "Tobacco product" has the meaning assigned by
1-15 Section 155.001, Tax Code.
1-16 Sec. 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO
1-17 MINORS PROHIBITED. (a) A person commits an offense if the person,
1-18 with criminal negligence [as a commercial enterprise]:
1-19 (1) sells, gives, or causes to be sold or given a
1-20 cigarette or [other] tobacco product to someone the person knows is
1-21 a minor [younger than 18 years of age]; or
1-22 (2) sells, gives, or causes to be sold or given a
1-23 cigarette or [other] tobacco product to another person, knowing
1-24 that the person receiving the cigarette or [other] tobacco product
2-1 intends to deliver it to someone who is a minor [younger than 18
2-2 years of age].
2-3 (b) An offense under this section is a Class C misdemeanor.
2-4 (c) It is a defense to prosecution under this section that
2-5 the person to whom the cigarette or [other] tobacco product was
2-6 sold or given presented to the defendant an apparently valid Texas
2-7 driver's license or an identification card, issued by the
2-8 Department of Public Safety and containing a physical description
2-9 consistent with the person's appearance, that purported to
2-10 establish that the person was 18 years of age or older.
2-11 Sec. 161.083 [161.082]. WARNING NOTICE. (a) Each person
2-12 who sells cigarettes or tobacco products at retail or by vending
2-13 machine shall post a sign in a location that is conspicuous to all
2-14 employees and customers and that is close to the place at which the
2-15 cigarettes or tobacco products may be purchased.
2-16 (b) The sign must include the statement:
2-17 SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18
2-18 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A
2-19 MAXIMUM FINE OF UP TO $200 MAY BE IMPOSED.
2-20 (c) The board by rule shall determine the design and size of
2-21 the sign.
2-22 (d) The department on request shall provide the sign without
2-23 charge to any person who sells cigarettes or tobacco [cigarette]
2-24 products. The department may provide the sign without charge to
2-25 [cigarette] distributors or wholesale dealers of cigarettes or
2-26 tobacco [cigarette] products in this state for distribution to
2-27 persons who sell cigarettes or tobacco [cigarette] products. A
3-1 distributor or wholesale dealer may not charge for distributing a
3-2 sign under this subsection.
3-3 (e) A person commits an offense if the person intentionally
3-4 fails to display a sign as prescribed by this section. An offense
3-5 under this subsection is a Class C misdemeanor.
3-6 Sec. 161.084. CONSUMPTION OF CIGARETTE OR TOBACCO PRODUCT BY
3-7 A MINOR. (a) A minor commits an offense if the minor consumes a
3-8 cigarette or tobacco product.
3-9 (b) It is an exception to the application of this section
3-10 that, at the time the minor consumed the cigarette or tobacco
3-11 product, the minor was in the visible presence of an adult parent,
3-12 guardian, or spouse of the minor.
3-13 (c) Except as provided by Subsection (d), a violation of
3-14 this section is a misdemeanor punishable by a fine of not less than
3-15 $25 or more than $200.
3-16 (d) If it is shown on the trial of an offense under this
3-17 section that the person has been previously convicted of a
3-18 violation of this section or of Section 161.085, a violation is a
3-19 misdemeanor punishable by a fine of not less than $500 or more than
3-20 $1,000.
3-21 Sec. 161.085. POSSESSION OF CIGARETTE OR TOBACCO PRODUCT BY
3-22 A MINOR. (a) A minor commits an offense if the minor possesses a
3-23 cigarette or tobacco product.
3-24 (b) It is an exception to the application of this section
3-25 that the minor possessed the cigarette or tobacco product:
3-26 (1) while in the course and scope of employment, if
3-27 the minor is the employee of a person who has a permit to engage in
4-1 business as a distributor, wholesaler, bonded agent, or retailer
4-2 under Chapter 154 or 155, Tax Code; or
4-3 (2) while in the visible presence of an adult parent,
4-4 guardian, or spouse of the minor.
4-5 (c) Except as provided by Subsection (d), a violation of
4-6 this section is a misdemeanor punishable by a fine of not less than
4-7 $25 or more than $200.
4-8 (d) If it is shown on the trial of an offense under this
4-9 section that the person has been previously convicted of a
4-10 violation of this section or of Section 161.084, a violation is a
4-11 misdemeanor punishable by a fine of not less than $500 or more than
4-12 $1,000.
4-13 SECTION 2. (a) The change in law made by this Act applies
4-14 only to the punishment for an offense committed on or after the
4-15 effective date of this Act. For purposes of this section, an
4-16 offense is committed before the effective date of this Act if any
4-17 element of the offense occurs before the effective date.
4-18 (b) An offense committed before the effective date of this
4-19 Act is covered by the law in effect when the offense was committed,
4-20 and the former law is continued in effect for that purpose.
4-21 SECTION 3. This Act takes effect September 1, 1997.
4-22 SECTION 4. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.