By: Zaffirini S.B. No. 1281
2001S0731/1
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 customers and employees;
1-4 providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (e), Section 161.084, Health and
1-7 Safety Code, is amended to read as follows:
1-8 (e) A person commits an offense if the person
1-9 [intentionally] fails to display a sign as prescribed by this
1-10 section. An offense under this subsection is a Class C
1-11 misdemeanor.
1-12 SECTION 2. Section 161.085, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 161.085. NOTIFICATION OF EMPLOYEES AND AGENTS.
1-15 (a) Each retailer [permit holder] shall notify each individual
1-16 employed by that retailer [permit holder] who is to be engaged in
1-17 retail sales of cigarettes or tobacco products that state law:
1-18 (1) prohibits the sale or distribution of cigarettes
1-19 or tobacco products to any person who is younger than 18 years of
1-20 age as provided by Section 161.082 and that a violation of that
1-21 section is a Class C misdemeanor; and
1-22 (2) requires each person who sells cigarettes or
1-23 tobacco products at retail or by vending machine to post a warning
1-24 notice as provided by Section 161.084, requires each employee to
1-25 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
3-1 comptroller not later than the seventh day after the date [within
3-2 72 hours] of a demand under Subsection (d) [the offense].
3-3 SECTION 3. (a) The change in law made by this Act applies
3-4 only to an offense committed on or after the effective date of this
3-5 Act. For purposes of this section, an offense is committed before
3-6 the effective date of this Act if any element of the offense occurs
3-7 before the effective date.
3-8 (b) An offense committed before the effective date of this
3-9 Act is covered by the law in effect when the offense was committed,
3-10 and the former law is continued in effect for that purpose.
3-11 SECTION 4. This Act takes effect September 1, 2001.