1-1     By:  Zaffirini, Carona                                  S.B. No. 16
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Human Services;
 1-4     March 11, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; March 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the participation of local law enforcement agencies in
 1-9     the enforcement of certain restrictions on the sale of tobacco
1-10     products.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsections (a), (b), and (d), Section 161.088,
1-13     Health and Safety Code, are amended to read as follows:
1-14           (a)  The comptroller shall enforce this subchapter in
1-15     partnership with local law enforcement agencies [county sheriffs
1-16     and municipal chiefs of police] and with their cooperation and
1-17     shall ensure the state's compliance with Section 1926 of the
1-18     federal Public Health Service Act (42 U.S.C. Section 300x-26) and
1-19     any implementing regulations adopted by the United States
1-20     Department of Health and Human Services.  Except as expressly
1-21     authorized by law, the comptroller may not adopt any rules
1-22     governing the subject matter of this subchapter or Subchapter K, N,
1-23     or O.
1-24           (b)  The comptroller may make block grants to counties and
1-25     municipalities to be used by local law enforcement agencies [county
1-26     sheriffs and municipal chiefs of police] to enforce this subchapter
1-27     in a manner that can reasonably be expected to reduce the extent to
1-28     which cigarettes and tobacco products are sold or distributed to
1-29     persons who are younger than 18 years of age.  At least annually,
1-30     random unannounced inspections shall be conducted at various
1-31     locations where cigarettes and tobacco products are sold or
1-32     distributed to ensure compliance with this subchapter.  The
1-33     comptroller shall rely, to the fullest extent possible, on local
1-34     law enforcement agencies [sheriffs or chiefs of police or their
1-35     employees] to enforce this subchapter.
1-36           (d)  The use of a person younger than 18 years of age to act
1-37     as a minor decoy to test compliance with this subchapter shall be
1-38     conducted in a fashion that promotes fairness.  A person may be
1-39     enlisted by the comptroller or a local law enforcement agency to
1-40     act as a minor decoy only if the following requirements are met:
1-41                 (1)  written parental consent is obtained for the use
1-42     of a person younger than 18 years of age to act as a minor decoy to
1-43     test compliance with this subchapter;
1-44                 (2)  at the time of the inspection, the minor decoy is
1-45     younger than 17 years of age;
1-46                 (3)  the minor decoy has an appearance that would cause
1-47     a reasonably prudent seller of cigarettes or tobacco products to
1-48     request identification and proof of age;
1-49                 (4)  the minor decoy carries either the minor's own
1-50     identification showing the minor's correct date of birth or carries
1-51     no identification, and a minor decoy who carries identification
1-52     presents it on request to any seller of cigarettes or tobacco
1-53     products; and
1-54                 (5)  the minor decoy answers truthfully any questions
1-55     about the minor's age.
1-56           SECTION 2.  This Act takes effect September 1, 1999.
1-57           SECTION 3.  The importance of this legislation and the
1-58     crowded condition of the calendars in both houses create an
1-59     emergency and an imperative public necessity that the
1-60     constitutional rule requiring bills to be read on three several
1-61     days in each house be suspended, and this rule is hereby suspended.
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