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A BILL TO BE ENTITLED
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AN ACT
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relating to the distribution, possession, purchase, consumption, |
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and receipt of tobacco products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.081, Health and Safety Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Minor" means a person under 19 years of age. |
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SECTION 2. The heading to Section 161.082, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO |
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PERSONS YOUNGER THAN 19 [18] YEARS OF AGE PROHIBITED; PROOF OF AGE |
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REQUIRED. |
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SECTION 3. Section 161.082, Health and Safety Code, is |
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amended by amending Subsections (a) and (e) and adding Subsections |
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(f) and (g) to read as follows: |
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(a) A person commits an offense if the person, with criminal |
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negligence: |
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(1) sells, gives, or causes to be sold or given a |
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cigarette or tobacco product to someone who is younger than 19 [18] |
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years of age; or |
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(2) sells, gives, or causes to be sold or given a |
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cigarette or tobacco product to another person who intends to |
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deliver it to someone who is younger than 19 [18] years of age. |
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(e) A proof of identification satisfies the requirements of |
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Subsection (d) if it contains a physical description and photograph |
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consistent with the person's appearance, purports to establish that |
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the person is 19 [18] years of age or older, and was issued by a |
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governmental agency. The proof of identification may include a |
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driver's license issued by this state or another state, a passport, |
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or an identification card issued by a state or the federal |
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government. |
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(f) It is an exception to the application of this section |
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that the person to whom the cigarette or tobacco product is sold or |
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given, or the person to whom the cigarette or tobacco product is |
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intended to be delivered as described by Subsection (a)(2), is 18 |
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years of age or older on September 1, 2007. This subsection expires |
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September 1, 2008. |
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(g) Notwithstanding the minimum age established by |
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Subsection (a-1), a proof of identification satisfies the |
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requirements of Subsection (d) if it contains a physical |
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description and photograph consistent with the person's |
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appearance, purports to establish that the person was 18 years of |
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age or older on September 1, 2007, and was issued by a governmental |
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agency. The proof of identification may include a driver's license |
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issued by this state or another state, a passport, or an |
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identification card issued by a state or the federal government. |
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This subsection expires September 1, 2008. |
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SECTION 4. Section 161.084, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(b) The sign must include the statement: |
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PURCHASING OR ATTEMPTING TO PURCHASE TOBACCO PRODUCTS BY A |
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MINOR UNDER 19 [18] YEARS OF AGE IS PROHIBITED BY LAW. SALE OR |
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PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 19 [18] YEARS OF AGE |
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IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, |
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INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE |
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REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY CALLING (insert |
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toll-free telephone number). |
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(b-1) The sign may also include the statement: |
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A PERSON WHO IS AT LEAST 18 YEARS OF AGE ON SEPTEMBER 1, 2007, |
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MAY PURCHASE TOBACCO PRODUCTS UNDER LAW. |
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(b-2) Subsection (b-1) and this subsection expire September |
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1, 2008. |
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SECTION 5. Section 161.085, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) Each retailer shall notify each individual employed by |
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that retailer who is to be engaged in retail sales of cigarettes or |
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tobacco products that state law: |
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(1) prohibits the sale or distribution of cigarettes |
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or tobacco products to any person who is younger than 19 [18] years |
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of age as provided by Section 161.082 and that a violation of that |
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section is a Class C misdemeanor; and |
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(2) requires each person who sells cigarettes or |
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tobacco products at retail or by vending machine to post a warning |
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notice as provided by Section 161.084, requires each employee to |
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ensure that the appropriate sign is always properly displayed while |
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that employee is exercising the employee's duties, and provides |
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that a violation of Section 161.084 is a Class C misdemeanor. |
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(a-1) A retailer shall notify each individual employed by |
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the retailer of the exception provided by Section 161.082(f) for a |
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person who is 18 years of age or older on September 1, 2007. This |
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subsection expires September 1, 2008. |
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(b) The notice required by this section [Subsection (a)] |
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must be provided within 72 hours of the date an individual begins to |
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engage in retail sales of tobacco products. The individual shall |
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signify that the individual has received the notice required by |
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this section [Subsection (a)] by signing a form stating that the law |
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has been fully explained, that the individual understands the law, |
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and that the individual, as a condition of employment, agrees to |
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comply with the law. |
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SECTION 6. Section 161.086(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not apply to: |
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(1) a facility or business that is not open to persons |
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younger than 19 [18] years of age at any time; |
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(2) that part of a facility or business that is a |
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humidor or other enclosure designed to store cigars in a |
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climate-controlled environment; or |
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(3) a premises for which a person holds a package store |
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permit issued under the Alcoholic Beverage Code. |
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SECTION 7. Section 161.087, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(e) to read as follows: |
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(a) A person may not distribute to persons younger than 19 |
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[18] years of age: |
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(1) a free sample of a cigarette or tobacco product; or |
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(2) a coupon or other item that the recipient may use |
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to receive a free or discounted cigarette or tobacco product or a |
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sample cigarette or tobacco product. |
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(b) Except as provided by Subsection (c), a permit holder |
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may not accept or redeem, offer to accept or redeem, or hire a |
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person to accept or redeem a coupon or other item that the recipient |
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may use to receive a free or discounted cigarette or tobacco product |
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or a sample cigarette or tobacco product if the recipient is younger |
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than 19 [18] years of age. A coupon or other item that such a |
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recipient may use to receive a free or discounted cigarette or |
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tobacco product or a sample cigarette or tobacco product may not be |
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redeemable through mail or courier delivery. |
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(e) It is an exception to the application of this section |
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that the person to whom the free sample of the cigarette or tobacco |
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product or the coupon or item is distributed, or the recipient from |
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whom a coupon or other item is accepted or for whom a coupon or other |
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item is redeemed, is 18 years of age or older on September 1, 2007. |
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This subsection expires September 1, 2008. |
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SECTION 8. Sections 161.088(b) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(b) The comptroller may make block grants to counties and |
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municipalities to be used by local law enforcement agencies to |
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enforce this subchapter in a manner that can reasonably be expected |
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to reduce the extent to which cigarettes and tobacco products are |
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sold or distributed to persons who are younger than 19 [18] years of |
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age. At least annually, random unannounced inspections shall be |
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conducted at various locations where cigarettes and tobacco |
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products are sold or distributed to ensure compliance with this |
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subchapter. The comptroller shall rely, to the fullest extent |
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possible, on local law enforcement agencies to enforce this |
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subchapter. |
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(d) The use of a person younger than 19 [18] years of age to |
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act as a minor decoy to test compliance with this subchapter shall |
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be conducted in a fashion that promotes fairness. A person may be |
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enlisted by the comptroller or a local law enforcement agency to act |
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as a minor decoy only if the following requirements are met: |
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(1) written parental consent is obtained for the use |
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of a person younger than 18 years of age to act as a minor decoy to |
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test compliance with this subchapter; |
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(2) at the time of the inspection, the minor decoy is |
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younger than 18 [17] years of age; |
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(3) the minor decoy has an appearance that would cause |
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a reasonably prudent seller of cigarettes or tobacco products to |
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request identification and proof of age; |
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(4) the minor decoy carries either the minor's own |
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identification showing the minor's correct date of birth or carries |
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no identification, and a minor decoy who carries identification |
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presents it on request to any seller of cigarettes or tobacco |
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products; and |
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(5) the minor decoy answers truthfully any questions |
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about the minor's age. |
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SECTION 9. Section 161.251, Health and Safety Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Minor" means a person under 19 years of age. |
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SECTION 10. Section 161.252, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (c-1) to read as follows: |
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(a) An individual who is younger than 19 [18] years of age |
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commits an offense if the individual: |
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(1) possesses, purchases, consumes, or accepts a |
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cigarette or tobacco product; or |
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(2) falsely represents himself or herself to be 19 |
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[18] years of age or older by displaying proof of age that is false, |
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fraudulent, or not actually proof of the individual's own age in |
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order to obtain possession of, purchase, or receive a cigarette or |
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tobacco product. |
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(b) It is an exception to the application of this section |
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that the individual younger than 19 [18] years of age possessed the |
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cigarette or tobacco product in the presence of: |
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(1) an adult parent, a guardian, or a spouse of the |
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individual; or |
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(2) an employer of the individual, if possession or |
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receipt of the tobacco product is required in the performance of the |
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employee's duties as an employee. |
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(c) It is an exception to the application of this section |
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that the individual younger than 19 [18] years of age is |
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participating in an inspection or test of compliance in accordance |
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with Section 161.088. |
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(c-1) It is an exception to the application of this section |
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that the individual who possesses, purchases, consumes, or accepts |
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a cigarette or tobacco product is 18 years of age or older on |
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September 1, 2007. This subsection expires September 1, 2008. |
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SECTION 11. Section 161.453, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A person may not mail or ship cigarettes in connection |
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with a delivery sale order unless before mailing or shipping the |
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cigarettes the person accepting the delivery sale order first: |
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(1) obtains from the prospective customer a |
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certification that includes: |
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(A) reliable confirmation that the purchaser is |
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at least 19 [18] years of age; and |
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(B) a statement signed by the prospective |
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purchaser in writing and under penalty of law: |
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(i) certifying the prospective purchaser's |
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address and date of birth; |
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(ii) confirming that the prospective |
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purchaser understands that signing another person's name to the |
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certification is illegal, that sales of cigarettes to an individual |
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under the age prescribed by Section 161.082 are illegal under state |
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law, and that the purchase of cigarettes by an individual under that |
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age is illegal under state law; and |
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(iii) confirming that the prospective |
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purchaser wants to receive mailings from a tobacco company; |
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(2) makes a good faith effort to verify the |
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information contained in the certification provided by the |
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prospective purchaser under Subdivision (1) against a commercially |
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available database or obtains a photocopy or other image of a |
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government-issued identification bearing a photograph of the |
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prospective purchaser and stating the date of birth or age of the |
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prospective purchaser; |
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(3) sends to the prospective purchaser, by e-mail or |
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other means, a notice that complies with Section 161.454; and |
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(4) for an order made over the Internet or as a result |
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of an advertisement, receives payment for the delivery sale from |
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the prospective purchaser by a credit or debit card that has been |
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issued in the purchaser's name or by check. |
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(c) A person may satisfy the requirement of Subsection |
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(a)(1)(A) by obtaining from the prospective customer a |
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certification that includes reliable confirmation that the |
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purchaser is 18 years of age or older on September 1, 2007. This |
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subsection expires September 1, 2008. |
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SECTION 12. Section 161.455, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) A person who mails or ships cigarettes in connection |
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with a delivery sale order shall: |
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(1) include as part of the shipping documents a clear |
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and conspicuous statement: |
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"CIGARETTES: TEXAS LAW PROHIBITS SHIPPING TO INDIVIDUALS |
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UNDER 19 [18] YEARS OF AGE AND REQUIRES THE PAYMENT OF ALL |
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APPLICABLE TAXES"; |
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(2) use a method of mailing or shipping that obligates |
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the delivery service to require: |
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(A) the purchaser placing the delivery sale |
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order, or an adult who is at least 19 [18] years of age and who |
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resides at the purchaser's address, to sign to accept delivery of |
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the shipping container; and |
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(B) the person signing to accept delivery of the |
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shipping container to provide proof, in the form of a |
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government-issued identification bearing a photograph, that the |
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person is: |
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(i) the addressee or an adult who is at |
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least 19 [18] years of age and who resides at the purchaser's |
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address; and |
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(ii) at least 19 [18] years of age if the |
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person appears to be younger than 27 years of age; and |
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(3) provide to the delivery service retained to make |
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the delivery evidence of full compliance with Section 161.457. |
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(a-1) Notwithstanding Subsection (a), a person who mails or |
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ships cigarettes in connection with a delivery sale order shall: |
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(1) include as part of the shipping documents a clear |
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and conspicuous statement: |
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"CIGARETTES: TEXAS LAW PROHIBITS SHIPPING TO CERTAIN MINORS |
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AND REQUIRES THE PAYMENT OF ALL APPLICABLE TAXES"; |
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(2) use a method of mailing or shipping that obligates |
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the delivery service to require: |
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(A) the purchaser placing the delivery sale |
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order, or an adult who is at least 19 years of age or who is at least |
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18 years of age on September 1, 2007, and who resides at the |
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purchaser's address, to sign to accept delivery of the shipping |
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container; and |
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(B) the person signing to accept delivery of the |
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shipping container to provide proof, in the form of a |
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government-issued identification bearing a photograph, that the |
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person is: |
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(i) the addressee or an adult who is at |
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least 19 years of age or who is at least 18 years of age on September |
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1, 2007, and who resides at the purchaser's address; and |
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(ii) at least 19 years of age or is at least |
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18 years of age on September 1, 2007, if the person appears to be |
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younger than 27 years of age; and |
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(3) provide to the delivery service retained to make |
|
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the delivery evidence of full compliance with Section 161.457. |
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(a-2) Subsection (a-1) and this subsection expire September |
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1, 2008. |
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SECTION 13. (a) The change in law made by this Act applies |
|
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only to an offense committed on or after the effective date of this |
|
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Act. For purposes of this section, an offense is committed before |
|
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the effective date of this Act if any element of the offense occurs |
|
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before that date. |
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(b) An offense committed before the effective date of this |
|
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 14. (a) The expiration of Sections 161.082(f) and |
|
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(g), 161.084(b-1), 161.085(a-1), 161.087(e), 161.252(c-1), |
|
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161.453(c), and 161.455(a-1), Health and Safety Code, as added by |
|
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this Act, does not apply to an offense committed before the date of |
|
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the expiration. For purposes of this section, an offense is |
|
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committed before the date of the expiration if any element of the |
|
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offense occurs before that date. |
|
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(b) An offense committed before the date of the expiration |
|
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is covered by the law as it existed when the offense was committed, |
|
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and that law is continued in effect for that purpose. |
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SECTION 15. This Act takes effect September 1, 2007. |