By:  Zaffirini, Carona                                  S.B. No. 16
                                A BILL TO BE ENTITLED
                                       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.