AN ACT
1-1 relating to the participation of local law enforcement agencies in
1-2 the enforcement of certain restrictions on the sale of tobacco
1-3 products.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a), (b), and (d), Section 161.088,
1-6 Health and Safety Code, are amended to read as follows:
1-7 (a) The comptroller shall enforce this subchapter in
1-8 partnership with local law enforcement agencies [county sheriffs
1-9 and municipal chiefs of police] and with their cooperation and
1-10 shall ensure the state's compliance with Section 1926 of the
1-11 federal Public Health Service Act (42 U.S.C. Section 300x-26) and
1-12 any implementing regulations adopted by the United States
1-13 Department of Health and Human Services. Except as expressly
1-14 authorized by law, the comptroller may not adopt any rules
1-15 governing the subject matter of this subchapter or Subchapter K, N,
1-16 or O.
1-17 (b) The comptroller may make block grants to counties and
1-18 municipalities to be used by local law enforcement agencies [county
1-19 sheriffs and municipal chiefs of police] to enforce this subchapter
1-20 in a manner that can reasonably be expected to reduce the extent to
1-21 which cigarettes and tobacco products are sold or distributed to
1-22 persons who are younger than 18 years of age. At least annually,
1-23 random unannounced inspections shall be conducted at various
1-24 locations where cigarettes and tobacco products are sold or
2-1 distributed to ensure compliance with this subchapter. The
2-2 comptroller shall rely, to the fullest extent possible, on local
2-3 law enforcement agencies [sheriffs or chiefs of police or their
2-4 employees] to enforce this subchapter.
2-5 (d) The use of a person younger than 18 years of age to act
2-6 as a minor decoy to test compliance with this subchapter shall be
2-7 conducted in a fashion that promotes fairness. A person may be
2-8 enlisted by the comptroller or a local law enforcement agency to
2-9 act as a minor decoy only if the following requirements are met:
2-10 (1) written parental consent is obtained for the use
2-11 of a person younger than 18 years of age to act as a minor decoy to
2-12 test compliance with this subchapter;
2-13 (2) at the time of the inspection, the minor decoy is
2-14 younger than 17 years of age;
2-15 (3) the minor decoy has an appearance that would cause
2-16 a reasonably prudent seller of cigarettes or tobacco products to
2-17 request identification and proof of age;
2-18 (4) the minor decoy carries either the minor's own
2-19 identification showing the minor's correct date of birth or carries
2-20 no identification, and a minor decoy who carries identification
2-21 presents it on request to any seller of cigarettes or tobacco
2-22 products; and
2-23 (5) the minor decoy answers truthfully any questions
2-24 about the minor's age.
2-25 SECTION 2. This Act takes effect September 1, 1999.
2-26 SECTION 3. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 16 passed the Senate on
March 18, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 16 passed the House on
May 25, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor