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 * * * * *