By Zaffirini, et al. S.B. No. 16
76R1040 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the participation of local law enforcement agencies in
1-3 the enforcement of certain restrictions on the sale of tobacco
1-4 products.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 161.088(a), (b), and (d), Health and
1-7 Safety Code, are amended to read as follows:
1-8 (a) The comptroller shall enforce this subchapter in
1-9 partnership with local law enforcement agencies [county sheriffs
1-10 and municipal chiefs of police] and with their cooperation and
1-11 shall ensure the state's compliance with Section 1926 of the
1-12 federal Public Health Service Act (42 U.S.C. Section 300x-26) and
1-13 any implementing regulations adopted by the United States
1-14 Department of Health and Human Services. Except as expressly
1-15 authorized by law, the comptroller may not adopt any rules
1-16 governing the subject matter of this subchapter or Subchapter K, N,
1-17 or O.
1-18 (b) The comptroller may make block grants to counties and
1-19 municipalities to be used by local law enforcement agencies [county
1-20 sheriffs and municipal chiefs of police] to enforce this subchapter
1-21 in a manner that can reasonably be expected to reduce the extent to
1-22 which cigarettes and tobacco products are sold or distributed to
1-23 persons who are younger than 18 years of age. At least annually,
1-24 random unannounced inspections shall be conducted at various
2-1 locations where cigarettes and tobacco products are sold or
2-2 distributed to ensure compliance with this subchapter. The
2-3 comptroller shall rely, to the fullest extent possible, on local
2-4 law enforcement agencies [sheriffs or chiefs of police or their
2-5 employees] to enforce this subchapter.
2-6 (d) The use of a person younger than 18 years of age to act
2-7 as a minor decoy to test compliance with this subchapter shall be
2-8 conducted in a fashion that promotes fairness. A person may be
2-9 enlisted by the comptroller or a local law enforcement agency to
2-10 act as a minor decoy only if the following requirements are met:
2-11 (1) written parental consent is obtained for the use
2-12 of a person younger than 18 years of age to act as a minor decoy to
2-13 test compliance with this subchapter;
2-14 (2) at the time of the inspection, the minor decoy is
2-15 younger than 17 years of age;
2-16 (3) the minor decoy has an appearance that would cause
2-17 a reasonably prudent seller of cigarettes or tobacco products to
2-18 request identification and proof of age;
2-19 (4) the minor decoy carries either the minor's own
2-20 identification showing the minor's correct date of birth or carries
2-21 no identification, and a minor decoy who carries identification
2-22 presents it on request to any seller of cigarettes or tobacco
2-23 products; and
2-24 (5) the minor decoy answers truthfully any questions
2-25 about the minor's age.
2-26 SECTION 2. This Act takes effect September 1, 1999.
2-27 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.