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.
1-62 * * * * *