By Zaffirini S.B. No. 1291
76R8189 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to tobacco use in this state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter O, Chapter 161, Health and Safety
1-5 Code, is amended to read as follows:
1-6 SUBCHAPTER O. PREVENTION OF TOBACCO USE [BY MINORS]
1-7 Sec. 161.301. DEFINITION. In this subchapter, "program"
1-8 means the tobacco control program established under Section
1-9 161.302.
1-10 Sec. 161.302. TEXAS TOBACCO CONTROL PROGRAM. (a) The
1-11 department shall implement a tobacco control program in accordance
1-12 with this subchapter to:
1-13 (1) prevent tobacco use by minors;
1-14 (2) motivate adults and minors to stop using tobacco
1-15 and to use available treatments for nicotine addiction;
1-16 (3) protect the public from involuntary exposure to
1-17 tobacco smoke in the environment; and
1-18 (4) eliminate disparities in tobacco use among
1-19 population groups.
1-20 (b) The department shall coordinate the program throughout
1-21 the state and shall provide training and assistance as necessary to
1-22 implement the program in communities throughout the state.
1-23 Sec. 161.303. PROGRAM COMPONENTS. The tobacco control
1-24 program must include:
2-1 (1) grants for communities as described by Section
2-2 161.307;
2-3 (2) the public awareness campaign and media resource
2-4 center described by Section 161.305;
2-5 (3) nicotine addiction treatment and tobacco use
2-6 cessation, including efforts to target at-risk populations, as
2-7 described by Section 161.304;
2-8 (4) enforcement of the laws of this state and the
2-9 United States relating to tobacco;
2-10 (5) research and data collection to enable the
2-11 department to monitor tobacco use in this state;
2-12 (6) evaluation of the effectiveness of each component
2-13 of the tobacco control program, as described by Section 161.309;
2-14 and
2-15 (7) other similar program components implemented by
2-16 the department to accomplish the purposes of the program identified
2-17 by Section 161.302.
2-18 Sec. 161.304. AT-RISK POPULATIONS. The program must include
2-19 a component targeted to populations considered at risk for tobacco
2-20 use and tobacco related illness, including racial or ethnic
2-21 minorities with a high morbidity or mortality of tobacco related
2-22 illness, rural populations, and minors in nontraditional settings.
2-23 The department shall ensure that each other program component is
2-24 coordinated with the component targeted to at-risk populations and
2-25 includes appropriate elements targeted to at-risk populations.
2-26 Sec. 161.305. TOBACCO USE PUBLIC AWARENESS CAMPAIGN; MEDIA
2-27 RESOURCE CENTER. (a) The department [commissioner] shall develop
3-1 and implement a public awareness campaign designed to reduce
3-2 tobacco use [by minors] in this state. The campaign may use
3-3 advertisements or similar media to provide educational information
3-4 about tobacco use.
3-5 (b) The department shall establish a media resource center
3-6 to provide materials, training, and support for community programs
3-7 throughout the state.
3-8 Sec. 161.306. IMPLEMENTATION THROUGH CONTRACTS. (a) [(b)]
3-9 The department [commissioner] may contract with another person to:
3-10 (1) develop and implement the public awareness
3-11 campaign described by Section 161.305;
3-12 (2) provide nicotine addiction treatment and tobacco
3-13 use cessation;
3-14 (3) conduct research and collect data;
3-15 (4) perform specific enforcement functions identified
3-16 by the department; and
3-17 (5) perform other specific functions under this
3-18 subchapter as considered appropriate by the department.
3-19 (b) A [The] contract awarded under this subchapter must
3-20 [shall] be awarded on the basis of competitive bids. Any request
3-21 for proposal used during the competitive bid process must include
3-22 specific requirements relating to outcome-based evaluation of the
3-23 contractor's performance, in accordance with Section 161.309.
3-24 (c) A contract awarded to implement the public awareness
3-25 campaign described by Section 161.305 [under Subsection (b)] may be
3-26 awarded only to a business that has a proven background in
3-27 advertising and public relations campaigns.
4-1 (d) The department [commissioner] may not award a contract
4-2 under this subchapter [Subsection (b)] to:
4-3 (1) a person or entity that is required to register
4-4 with the Texas Ethics Commission under Chapter 305, Government
4-5 Code;
4-6 (2) any partner, employee, employer, relative,
4-7 contractor, consultant, or related entity of a person or entity
4-8 described by Subdivision (1); or
4-9 (3) a person or entity who has been hired to represent
4-10 associations or other entities for the purpose of affecting the
4-11 outcome of legislation, agency rules, or other government policies
4-12 through grassroots or media campaigns.
4-13 (e) The persons or entities described by Subsection (d) are
4-14 not eligible to receive the money or participate either directly or
4-15 indirectly in a program operated under a contract awarded under
4-16 this subchapter [the public awareness campaign].
4-17 Sec. 161.307. GRANTS FOR COMMUNITIES. (a) The department,
4-18 as a component of the program, shall develop and implement a
4-19 competitive grant program to support efforts to reduce the use of
4-20 tobacco products in communities in this state. Grant recipients
4-21 under this section may include local government units,
4-22 community-based organizations, and schools.
4-23 (b) The department shall solicit proposals for grants under
4-24 this section by publication of a request for proposals. Any
4-25 request for proposal used during the competitive grant process must
4-26 include specific requirements relating to outcome-based evaluation
4-27 of the grant recipient's performance, in accordance with Section
5-1 161.309.
5-2 Sec. 161.308 [161.302]. GRANTS [GRANT PROGRAM] FOR YOUTH
5-3 GROUPS. (a) The department, as a component of the program,
5-4 [entity administering Section 161.301] shall also develop and
5-5 implement a competitive grant program to support youth groups that
5-6 include as a part of the group's program components related to
5-7 reduction of tobacco use by the group's members.
5-8 (b) "Youth group" means a nonprofit organization that:
5-9 (1) is chartered as a national or statewide
5-10 organization;
5-11 (2) is organized and operated exclusively for youth
5-12 recreational or educational purposes and that includes, as part of
5-13 the group's program, in addition to the components described by
5-14 Subsection (a), components relating to:
5-15 (A) prevention of drug abuse;
5-16 (B) character development;
5-17 (C) citizenship training; and
5-18 (D) physical and mental fitness;
5-19 (3) has been in existence for at least 10 years; and
5-20 (4) has a membership of which at least 65 percent is
5-21 younger than 22 years of age.
5-22 Sec. 161.309. OUTCOME-BASED EVALUATION OF PROGRAM
5-23 COMPONENTS; EVALUATION OF PROGRAM. The department shall evaluate
5-24 each program component, including a program component operated by
5-25 the department, a grant recipient, or a person operating under
5-26 contract to the department, to determine whether the program is
5-27 effective in accomplishing a purpose of the program identified
6-1 under Section 161.302. The evaluation of program components under
6-2 this section must be:
6-3 (1) conducted continuously; and
6-4 (2) outcome-based and designed to permit the
6-5 department to evaluate whether the specific purpose for which the
6-6 program component is established, as identified by Section 161.302,
6-7 is being effectively accomplished by the program component.
6-8 Sec. 161.310. EVALUATION OF PROGRAM; REPORT. (a) The
6-9 department shall use the results of research and data collected
6-10 relating to tobacco use in this state and the results of the
6-11 evaluation of specific program components under Section 161.309 to
6-12 evaluate the effectiveness of the program in accomplishing the
6-13 purposes identified under Section 161.302.
6-14 (b) Not later than January 15 of each odd-numbered year, the
6-15 department shall report the results of its evaluation under this
6-16 section in writing to the governor, lieutenant governor, and
6-17 speaker of the house of representatives.
6-18 SECTION 2. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended,
6-23 and that this Act take effect and be in force from and after its
6-24 passage, and it is so enacted.