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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2767 was passed by the House on May
5, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2767 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor