79R7526 MSE-D

By:  West, Royce                                                  S.B. No. 1179


A BILL TO BE ENTITLED
AN ACT
relating to fire safety standards for cigarettes; providing civil penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 161, Health and Safety Code, is amended by adding Section 161.091 to read as follows: Sec. 161.091. FIRE SAFETY STANDARDS. (a) In this section: (1) "Bonded agent" has the meaning assigned by Section 154.001 or 155.001, Tax Code, as applicable. (2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (b) The executive commissioner shall adopt rules relating to fire safety standards for cigarettes offered for sale in this state requiring that: (1) a cigarette, if ignited, will stop burning within a period established by rule if the cigarette is not smoked or drawn upon during that period; and (2) a cigarette meets performance standards prescribed by the department to limit the risk that the cigarette will ignite upholstered furniture, mattresses, or other household furnishings. (c) Rules adopted under Subsection (b) may not result in an increased health risk to a consumer. (d) The department, with the assistance of local law enforcement agencies, shall administer this section. The department may enter into an interagency contract with the comptroller under Section 161.088(c) to facilitate enforcement of this section. (e) A person may not sell or direct the sale of a cigarette unless the manufacturer of the cigarette has certified to the department and to the attorney general that the cigarette meets the performance standards adopted by the executive commissioner under Subsection (b). The certifying manufacturer shall provide a copy of the manufacturer's certification to all wholesalers and bonded agents. The executive commissioner shall adopt rules prescribing standards for the notification of retailers, vending machine operators, and transportation companies as to which cigarettes have been certified by the manufacturer under this section. (f) A person who knowingly sells cigarettes wholesale in violation of Subsection (e) is subject to a civil penalty not to exceed $10,000 for each 10,000 cigarettes sold or fraction of 10,000 cigarettes sold in violation of Subsection (e). (g) A retailer, vending machine operator, or transportation company who knowingly sells cigarettes in violation of Subsection (e) is subject to a civil penalty not to exceed: (1) $500 for each sale if the total number of cigarettes in the sale is less than 1,000 cigarettes; or (2) $1,000 for each sale if the total number of cigarettes in the sale is 1,000 or more. (h) A manufacturer who knowingly makes a false certification under Subsection (e) is subject to a civil penalty not to exceed $100,000 for each false certification. (i) The attorney general may file suit: (1) to collect a civil penalty under this section; or (2) for injunctive relief to restrain a person from continuing a violation or threatening a violation of this section. (j) This section does not apply to a person selling cigarettes that have not been certified by the manufacturer under Subsection (e) if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States. (k) Proceeds from the assessment of civil penalties under this section shall be deposited to the credit of the cigarette fire safety account. The cigarette fire safety account is an account in the general revenue fund. Money in the account may be used only by the department for: (1) making grants to fund fire safety and education programs; and (2) administering this section. SECTION 2. (a) The executive commissioner of the Health and Human Services Commission shall adopt rules relating to cigarette fire safety standards as required by Section 161.091(b), Health and Safety Code, as added by this Act, not later than March 1, 2007. (b) The fire safety standards adopted by the executive commissioner under Section 161.091(b), Health and Safety Code, as added by this Act, shall take effect on the earliest practicable date that a manufacturer of cigarettes is able to comply with the standards, provided that that date is not later than six months after the date the executive commissioner adopts the standards. (c) Sections 161.091(e), (f), and (g), Health and Safety Code, as added by this Act, apply only to the sale of cigarettes beginning on or after the 30th day after the date the fire safety standards take effect in accordance with Subsection (b) of this section. (d) Not later than March 1, 2006, the executive commissioner of the Health and Human Services Commission shall report to the governor, lieutenant governor, and speaker of the house of representatives on the status of developing and implementing the fire safety standards required by Section 161.091, Health and Safety Code, as added by this Act. SECTION 3. This Act takes effect September 1, 2005.