1-1     By:  Delisi (Senate Sponsor - Zaffirini)              H.B. No. 2767
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Business
 1-4     and Commerce; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the notice regarding sales of cigarettes and tobacco
 1-9     products given by a retailer to its employees.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 161.084(e), Health and Safety Code, is
1-12     amended to read as follows:
1-13           (e)  A person commits an offense if the person
1-14     [intentionally] fails to display a sign as prescribed by this
1-15     section.  An offense under this subsection is a Class C
1-16     misdemeanor.
1-17           SECTION 2.  Section 161.085, Health and Safety Code, is
1-18     amended to read as follows:
1-19           Sec. 161.085.  Notification of Employees and Agents.  (a)
1-20     Each retailer [permit holder] shall notify each individual employed
1-21     by that retailer [permit holder] who is to be engaged in retail
1-22     sales of cigarettes or tobacco products that state law:
1-23                 (1)  prohibits the sale or distribution of cigarettes
1-24     or tobacco products to any person who is younger than 18 years of
1-25     age as provided by Section 161.082 and that a violation of that
1-26     section is a Class C misdemeanor; and
1-27                 (2)  requires each person who sells cigarettes or
1-28     tobacco products at retail or by vending machine to post a warning
1-29     notice as provided by Section 161.084, requires each employee to
1-30     ensure that the appropriate sign is always properly displayed while
1-31     that employee is exercising the employee's duties, and provides
1-32     that a [an intentional] violation of Section 161.084 is a Class C
1-33     misdemeanor.
1-34           (b)  The notice required by Subsection (a) must be provided
1-35     within 72 hours of the date an individual begins to engage in
1-36     retail sales of tobacco products.  The individual shall signify
1-37     that the individual has received the notice required by Subsection
1-38     (a) by signing a form stating that the law has been fully
1-39     explained, that the individual understands the law, and that the
1-40     individual, as a condition of employment, agrees to comply with the
1-41     law.
1-42           (c)  Each form signed by an individual under this section
1-43     shall indicate the date of the signature and the current address
1-44     and social security number of the individual.  The retailer [permit
1-45     holder] shall retain the form signed by each individual employed as
1-46     a retail sales clerk until the 60th day after the date the
1-47     individual has left the employer's employ.
1-48           (d)  A retailer [permit holder] required by this section to
1-49     notify employees commits an offense if the retailer [permit holder]
1-50     fails, on demand of a peace officer or an agent of the comptroller,
1-51     to provide the forms [notice] prescribed by this section.  An
1-52     offense under this section is a Class C misdemeanor.
1-53           (e)  It is a defense to prosecution under Subsection (d) to
1-54     show proof that the employee did complete, sign, and date the forms
1-55     [notice] required by Subsections (b) and (c) [Subsection (a)].
1-56     Proof must be shown to the comptroller or an agent of the
1-57     comptroller not later than the seventh day after the date [within
1-58     72 hours] of a demand under Subsection (d) [the offense].
1-59           SECTION 3.  This Act takes effect September 1, 2001.
1-60                                  * * * * *