79R1386 JTS-D

By:  Driver                                                       H.B. No. 1080



A BILL TO BE ENTITLED

AN ACT

relating to the suspended execution of the sentence for a tobacco 
offense committed by a minor.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 161.253(a), Health and Safety Code, is 
amended to read as follows:
	(a)  On conviction of an individual for an offense under 
Section 161.252 and payment of court costs, the court shall suspend 
execution of sentence and shall require the defendant to attend a 
tobacco awareness program approved by the commissioner.  The court 
may require the parent or guardian of the defendant to attend the 
tobacco awareness program with the defendant.
	SECTION 2.  (a)  The change in law made by this Act to Section 
161.253, Health and Safety Code, applies only to an offense 
committed on or after the effective date of this Act.  For purposes 
of this section, an offense was committed before the effective date 
of this Act if any element of the offense occurred before the 
effective date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect on the date the offense was 
committed, and the former law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect September 1, 2005.