By Delisi                                             H.B. No. 2767
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the notice regarding sales of cigarettes and tobacco
 1-3     products given by a retailer to its employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 161.084(e), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (e)  A person commits an offense if the person
 1-8     [intentionally] fails to display a sign as prescribed by this
 1-9     section.  An offense under this subsection is a Class C
1-10     misdemeanor.
1-11           SECTION 2.  Section 161.085, Health and Safety Code, is
1-12     amended to read as follows:
1-13           Sec. 161.085.  Notification of Employees and Agents.  (a)
1-14     Each retailer [permit holder] shall notify each individual employed
1-15     by that retailer [permit holder] who is to be engaged in retail
1-16     sales of cigarettes or tobacco products that state law:
1-17                 (1)  prohibits the sale or distribution of cigarettes
1-18     or tobacco products to any person who is younger than 18 years of
1-19     age as provided by Section 161.082 and that a violation of that
1-20     section is a Class C misdemeanor; and
1-21                 (2)  requires each person who sells cigarettes or
1-22     tobacco products at retail or by vending machine to post a warning
1-23     notice as provided by Section 161.084, requires each employee to
1-24     ensure that the appropriate sign is always properly displayed while
 2-1     that employee is exercising the employee's duties, and provides
 2-2     that a [an intentional] violation of Section 161.084 is a Class C
 2-3     misdemeanor.
 2-4           (b)  The notice required by Subsection (a) must be provided
 2-5     within 72 hours of the date an individual begins to engage in
 2-6     retail sales of tobacco products.  The individual shall signify
 2-7     that the individual has received the notice required by Subsection
 2-8     (a) by signing a form stating that the law has been fully
 2-9     explained, that the individual understands the law, and that the
2-10     individual, as a condition of employment, agrees to comply with the
2-11     law.
2-12           (c)  Each form signed by an individual under this section
2-13     shall indicate the date of the signature and the current address
2-14     and social security number of the individual.  The retailer [permit
2-15     holder] shall retain the form signed by each individual employed as
2-16     a retail sales clerk until the 60th day after the date the
2-17     individual has left the employer's employ.
2-18           (d)  A retailer [permit holder] required by this section to
2-19     notify employees commits an offense if the retailer [permit holder]
2-20     fails, on demand of a peace officer or an agent of the comptroller,
2-21     to provide the forms [notice] prescribed by this section.  An
2-22     offense under this section is a Class C misdemeanor.
2-23           (e)  It is a defense to prosecution under Subsection (d) to
2-24     show proof that the employee did complete, sign, and date the forms
2-25     [notice] required by Subsections (b) and (c) [Subsection (a)].
2-26     Proof must be shown to the comptroller or an agent of the
2-27     comptroller not later than the seventh day after the date [within
 3-1     72 hours] of a demand under Subsection (d) [the offense].
 3-2           SECTION 3.  This Act takes effect September 1, 2001.