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A BILL TO BE ENTITLED
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AN ACT
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relating to fire safety standards for cigarettes; providing civil |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.091 to read as follows: |
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Sec. 161.091. FIRE SAFETY STANDARDS. (a) In this section: |
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(1) "Bonded agent" has the meaning assigned by Section |
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154.001 or 155.001, Tax Code, as applicable. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(b) The executive commissioner shall adopt rules relating |
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to fire safety standards for cigarettes offered for sale in this |
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state requiring that: |
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(1) a cigarette, if ignited, will stop burning within |
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a period established by rule if the cigarette is not smoked during |
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that period; and |
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(2) a cigarette meets performance standards |
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prescribed by the department to limit the risk that the cigarette |
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will ignite upholstered furniture, mattresses, or other household |
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furnishings. |
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(c) In adopting rules under Subsection (b), the executive |
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commissioner may consider whether a cigarette manufactured in |
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accordance with the rules may reasonably result in an increased |
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health risk to a consumer. |
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(d) The department, with the assistance of local law |
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enforcement agencies, shall administer this section. The |
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department may enter into an interagency contract with the |
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comptroller under Section 161.088(c) to facilitate enforcement of |
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this section. |
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(e) A person may not sell or give or direct the sale or gift |
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of a cigarette unless the manufacturer of the cigarette has |
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certified to the department and to the attorney general that the |
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cigarette meets the performance standards adopted by the executive |
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commissioner under Subsection (b). The certifying manufacturer |
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shall provide a copy of the manufacturer's certification to all |
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wholesalers and bonded agents. The executive commissioner shall |
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adopt rules prescribing standards for the notification of retailers |
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as to which cigarettes have been certified by the manufacturer |
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under this section. |
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(f) A wholesaler who knowingly sells cigarettes wholesale |
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in violation of Subsection (e) is subject to a civil penalty not to |
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exceed $10,000 for each sale in violation of Subsection (e). |
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(g) A retailer who knowingly sells cigarettes in violation |
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of Subsection (e) is subject to a civil penalty not to exceed: |
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(1) $500 for each sale if the total number of |
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cigarettes in the sale is less than 1,000 cigarettes; or |
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(2) $1,000 for each sale if the total number of |
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cigarettes in the sale is 1,000 or more. |
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(h) A manufacturer who knowingly makes a false |
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certification under Subsection (e) is subject to a civil penalty |
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not to exceed $10,000 for each false certification. |
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(i) A civil penalty under this section may be collected in a |
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suit by the attorney general. |
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(j) This section does not apply to a person selling |
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cigarettes that have not been certified by the manufacturer under |
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Subsection (e) if the cigarettes are or will be stamped for sale in |
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another state or are packaged for sale outside the United States. |
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(k) Proceeds from the assessment of civil penalties under |
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this section shall be deposited to the credit of the cigarette fire |
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safety account. The cigarette fire safety account is an account in |
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the general revenue fund. Money in the account may be used only by |
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the department for: |
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(1) making grants to fund fire safety and education |
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programs; and |
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(2) administering this section. |
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SECTION 2. (a) The executive commissioner of the Health and |
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Human Services Commission shall adopt rules relating to cigarette |
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fire safety standards as required by Section 161.091(b), Health and |
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Safety Code, as added by this Act, not later than March 1, 2008. |
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(b) The fire safety standards adopted by the executive |
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commissioner under Section 161.091(b), Health and Safety Code, as |
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added by this Act, shall take effect on the earliest practicable |
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date that a manufacturer of cigarettes is able to comply with the |
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standards, provided that that date is not later than six months |
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after the date the executive commissioner adopts the standards. |
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(c) Sections 161.091(e), (f), and (g), Health and Safety |
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Code, as added by this Act, apply only to the sale of cigarettes |
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beginning on or after the 30th day after the date the fire safety |
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standards take effect in accordance with Subsection (b) of this |
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section. |
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SECTION 3. This Act takes effect September 1, 2007. |