1-1                                   AN ACT
 1-2     relating to the cigarette tax and providing a penalty.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 154.0415, Tax Code, is amended to read as
 1-5     follows:
 1-6           Sec. 154.0415.  Cigarettes to Which Stamps May Not be
 1-7     Affixed. A person may not affix a stamp to a package of cigarettes
 1-8     if the package:
 1-9                 (1)  does not comply with the Cigarette Labeling and
1-10     Advertising Act (15 U.S.C. Section 1331 et seq.)  for the placement
1-11     of labels, warnings, or any other information for a package of
1-12     cigarettes to be sold within the United States;
1-13                 (2)  is labeled "For Export Only," "U.S. Tax Exempt,"
1-14     "For Use Outside U.S.," or other wording indicating that the
1-15     manufacturer did not intend that the product be sold in the United
1-16     States;
1-17                 (3)  has been altered by adding or deleting wording,
1-18     labels, or warnings described in Subdivision (1) or (2);
1-19                 (4)  has been imported into the United States [after
1-20     January 1, 2000,] in violation of 26 U.S.C. Section 5754; [or]
1-21                 (5)  in any way violates federal trademark or copyright
1-22     laws; or
1-23                 (6)  contains cigarettes with respect to which any
1-24     person is not in compliance with 15 U.S.C. Section 1335a, as
 2-1     amended, relating to submission of ingredient information to
 2-2     federal authorities, 19 U.S.C. Sections 1681-1681b, as amended,
 2-3     relating to imports of certain cigarettes, 26 U.S.C. Section 5754,
 2-4     as amended, or relating to previously exported tobacco products.
 2-5           SECTION 2.  Section 154.053, Tax Code, is amended by adding
 2-6     Subsection (c) to read as follows:
 2-7           (c)  The comptroller shall design and furnish stamps in a
 2-8     manner that permits identification of the person that affixed the
 2-9     stamp to the particular package of cigarettes by means of a number
2-10     or other mark on the stamp.  The comptroller shall maintain for at
2-11     least four years the information identifying the person that
2-12     affixed the stamp to each package of cigarettes.
2-13           SECTION 3.  Section 154.201, Tax Code, is amended to read as
2-14     follows:
2-15           Sec. 154.201.  Record of Purchase or Receipt. Each
2-16     distributor, wholesaler, bonded agent, and export warehouse shall
2-17     keep records at each place of business of all cigarettes purchased
2-18     or received, including records of those cigarettes for which no tax
2-19     is due under federal law.  Each retailer shall keep records at a
2-20     single location, which the retailer shall designate as its
2-21     principal place of business in this state, of all cigarettes
2-22     purchased and received.  These records must include:
2-23                 (1)  the name and address of the shipper or carrier and
2-24     the mode of transportation;
2-25                 (2)  all shipping records or copies of records,
2-26     including invoices, bills of lading, waybills, freight bills, and
2-27     express receipts;
 3-1                 (3)  the date and the name of the place of origin of
 3-2     the cigarette shipment;
 3-3                 (4)  the date and the name of the place of arrival of
 3-4     the cigarette shipment;
 3-5                 (5)  a statement of the number, kind, and price paid
 3-6     for cigarettes, including cigarettes in stamped and unstamped
 3-7     packages;
 3-8                 (6)  the name, address, permit number, and tax
 3-9     identification number of the seller; [and]
3-10                 (7)  in the case of a distributor, copies of the
3-11     customs certificates required by 19 U.S.C. Section 1681a(c), as
3-12     amended, for all cigarettes imported into the United States to
3-13     which the distributor has affixed a tax stamp; and
3-14                 (8)  any other information required by rules of the
3-15     comptroller.
3-16           SECTION 4.  Section 154.5025, Tax Code, is amended to read as
3-17     follows:
3-18           Sec. 154.5025.  Affixing Stamps to Certain Cigarettes. A
3-19     person commits an offense if the person knowingly affixes stamps to
3-20     cigarettes in violation of Section 154.0415.
3-21           SECTION 5.  Subchapter D, Chapter 35, Business & Commerce
3-22     Code, is amended by adding Section 35.49 to read as follows:
3-23           Sec. 35.49.  OTHER REMEDIES. (a)  A person who sells,
3-24     distributes, or manufactures cigarettes and who sustains direct
3-25     economic or commercial injury as a result of a violation of Section
3-26     154.0415, Tax Code, or Section 48.015, Penal Code, may bring an
3-27     action in good faith for appropriate injunctive relief.
 4-1           (b)  The remedy provided by this section is in addition to
 4-2     any other remedy provided by law.
 4-3           SECTION 6.  Chapter 48, Penal Code, is amended by adding
 4-4     Section 48.015 to read as follows:
 4-5           Sec. 48.015.  PROHIBITIONS RELATING TO CERTAIN CIGARETTES.
 4-6     (a)  A person may not acquire, hold, own, possess, or transport for
 4-7     sale or distribution in this state or import or cause to be
 4-8     imported into this state for sale or distribution in this state:
 4-9                 (1)  cigarettes that do not comply with all applicable
4-10     requirements imposed by or under federal law and implementing
4-11     regulations; or
4-12                 (2)  cigarettes to which stamps may not be affixed
4-13     under Section 154.0415, Tax Code, other than cigarettes lawfully
4-14     imported or brought into the state for personal use and cigarettes
4-15     lawfully sold or intended to be sold as duty-free merchandise by a
4-16     duty-free sales enterprise in accordance with 19 U.S.C. Section
4-17     1555(b), as amended.
4-18           (b)  A person who commits an act prohibited by Subsection
4-19     (a), knowing or having reason to know that the person is doing so,
4-20     is guilty of a Class A misdemeanor.
4-21           SECTION 7.  (a)  This Act takes effect September 1, 2001.
4-22           (b)  Section 35.49, Business & Commerce Code, as added by
4-23     this Act, applies only to a violation to which that section applies
4-24     that occurs on or after the effective date of this Act.  A
4-25     violation that occurs before the effective date of this Act is
4-26     governed by the law in effect on the date the violation occurs, and
4-27     the former law is continued in effect for that purpose.
 5-1           (c)  Section 48.015, Penal Code, as added by this Act,
 5-2     applies only to an offense committed on or after the effective date
 5-3     of this Act.  For purposes of this subsection, an offense is
 5-4     committed before the effective date of this Act if any element of
 5-5     the offense occurs before that date.  An offense committed before
 5-6     the effective date of this Act is covered by the law in effect when
 5-7     the offense was committed, and the former law is continued in
 5-8     effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2378 was passed by the House on April
         30, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2378 on May 25, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2378 was passed by the Senate, with
         amendments, on May 17, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor