SRC-SEW H.B. 2767 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2767
By: Delisi (Zaffirini)
Business & Commerce
5/9/2001
Engrossed


DIGEST AND PURPOSE 

In 1997, the legislature enacted legislation to restrict minors' access to
tobacco products. The office of the comptroller of public accounts was
given certain duties to inspect and audit retailers and tobacco permit
holders for compliance with the law. The provisions related to notifying
employees of their legal responsibilities needs clarifying. H.B. 2767
replaces the term "permit holder" with "retailer" with respect to certain
responsibilities and removes the stipulation that a person only commits an
offense for failing to display a required sign if the failure is
intentional.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.084(e), Health and Safety Code, to delete
the text "intentionally." 
 
SECTION 2.  Amends Section 161.085, Health and Safety Code, to replace the
text "permit holder" with "retailer."  Deletes the text "an intentional."
Replaces the text "notice" with "forms."  Makes conforming changes.
Provides that it is a defense to prosecution under Subsection (d) to show
proof that the employee did complete, sign, and date the forms required by
Subsections (b) and (c) (rather than Subsection (a))  Requires proof to be
shown to the comptroller or an agent of the comptroller not later than the
seventh day after the date of a demand under Subsection (d) (rather than
within 72 hours of the offense). 
 
SECTION 3. Effective date:  September 1, 2001.