By Kubiak                                       H.B. No. 3444

      75R8537 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to possession, purchase, receipt, or use of cigarettes or

 1-3     other tobacco products by minors; imposing a 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 Section 161.083 to read as follows:

 1-7           Sec. 161.083.  POSSESSION, PURCHASE, RECEIPT, OR USE OF

 1-8     CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED.  (a)  An

 1-9     individual who is younger than 18 years of age commits an offense

1-10     if the individual knowingly:

1-11                 (1)  possesses, purchases, or accepts receipt of a

1-12     cigarette or a tobacco product; or

1-13                 (2)  uses a cigarette or tobacco product.

1-14           (b)  It is an exception to the application of this section

1-15     that the individual younger than 18 years of age obtained the

1-16     cigarette or tobacco product from:

1-17                 (1)  a parent, managing conservator, or guardian of the

1-18     individual or another adult relative of the individual; or

1-19                 (2)  an employer of the individual, if:

1-20                       (A)  possession, purchase, or receipt of the

1-21     tobacco product is required in the performance of the employee's

1-22     duties as an employee; and

1-23                       (B)  the conduct does not involve use of the

1-24     cigarette or tobacco product.

 2-1           (c)  It is an exception to the application of this section

 2-2     that the individual younger than 18 years of age is participating

 2-3     in a test of compliance with this subchapter under the supervision

 2-4     of a law enforcement agency of this state or a political

 2-5     subdivision of this state.

 2-6           (d)  An offense under this section is a misdemeanor

 2-7     punishable by a fine of not more than $100.

 2-8           (e)  On a plea of guilty or nolo contendere by a defendant or

 2-9     on a finding of guilt with respect to an offense under this

2-10     section, the judge or justice may defer further proceedings without

2-11     entering an adjudication of guilt and place the defendant on

2-12     probation for a period not exceeding 180 days.  During the deferral

2-13     period, the judge or justice shall require the defendant to provide

2-14     community service under this section.

2-15           (f)  Community service ordered under this section must comply

2-16     with Articles 45.521(b)-(d), Code of Criminal Procedure, and is

2-17     subject to Article 45.521(f), Code of Criminal Procedure.

2-18           (g)  At the conclusion of the deferral, if the defendant

2-19     presents satisfactory evidence that the defendant has complied with

2-20     the requirements imposed, the judge or justice shall dismiss the

2-21     complaint and it shall be clearly noted in the docket that the

2-22     complaint is dismissed and that there is not a final conviction.

2-23     If the complaint is dismissed, a special expense not to exceed  the

2-24     amount of the fine assessed may be imposed. Otherwise, the judge or

2-25     justice may proceed with an adjudication of guilt.

2-26           (h)  If at the conclusion of the deferral period the

2-27     defendant does not present satisfactory evidence that the defendant

 3-1     complied with the requirements imposed, the judge or justice may

 3-2     impose the fine assessed or impose a lesser fine.  The imposition

 3-3     of the fine or lesser fine constitutes a final conviction of the

 3-4     defendant.

 3-5           (i)  Records relating to a complaint dismissed as provided by

 3-6     this section may be expunged under Article 55.01, Code of Criminal

 3-7     Procedure.  If a complaint is dismissed as provided under

 3-8     Subsection (g), there is not a final conviction and the complaint

 3-9     may not be used against the person for any purpose.

3-10           (j)  Title 3, Family Code, does not apply to an offense under

3-11     this section.

3-12           SECTION 2.  This Act takes effect September 1, 1997.

3-13           SECTION 3.  The importance of this legislation and the

3-14     crowded condition of the calendars in both houses create an

3-15     emergency and an imperative public necessity that the

3-16     constitutional rule requiring bills to be read on three several

3-17     days in each house be suspended, and this rule is hereby suspended.