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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. The heading to
Subchapter H, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER H. DISTRIBUTION
OF CIGARETTES, VAPOR PRODUCTS, OR TOBACCO PRODUCTS
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SECTION 1. The heading to
Subchapter H, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER H. DISTRIBUTION
OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS
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SECTION 2. Section 161.081,
Health and Safety Code, is amended by amending Subdivisions (3) and (4) and
adding Subdivision (5-a) to read as follows:
No
equivalent provision.
(3) "Retail sale"
means a transfer of possession from a retailer to a consumer in connection
with a purchase, sale, or exchange for value of cigarettes, vapor products, or tobacco products.
(4) "Retailer" means
a person who engages in the practice of selling cigarettes, vapor products, or tobacco products to
consumers and includes the owner of a coin-operated cigarette, vapor product, or tobacco product vending
machine. The term includes a retailer as that term is defined [has
the meaning assigned] by Section 154.001 or 155.001, Tax Code, as
applicable.
(5-a) "Vapor
product" means:
(A) an electronic
cigarette or any other device that uses a mechanical heating element,
battery, or electronic circuit to deliver vapor that may include nicotine
to the individual inhaling from the device; or
(B) any substance used to
fill or refill an electronic cigarette or other device described by
Paragraph (A).
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SECTION 2. Section 161.081,
Health and Safety Code, is amended by adding Subdivision (1-a) and amending
Subdivisions (3) and (4) to read as follows:
(1-a)
"E-cigarette" means an electronic cigarette or any other device
that simulates smoking by using a mechanical heating element, battery, or
electronic circuit to deliver nicotine or other substances to the
individual inhaling from the device. The term does not include a
prescription medical device unrelated to the cessation of smoking. The
term includes:
(A) a device described by
this subdivision regardless of whether the device is manufactured,
distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another
product name or description; and
(B) a component, part, or
accessory for the device, regardless of whether the component, part, or accessory
is sold separately from the device.
(3) "Retail sale"
means a transfer of possession from a retailer to a consumer in connection
with a purchase, sale, or exchange for value of cigarettes, e-cigarettes, or tobacco products.
(4) "Retailer" means
a person who engages in the practice of selling cigarettes, e-cigarettes, or tobacco products to
consumers and includes the owner of a coin-operated cigarette, e-cigarette, or tobacco product vending
machine. The term includes a retailer as that term is defined [has
the meaning assigned] by Section 154.001 or 155.001, Tax Code, as
applicable.
No
equivalent provision.
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SECTION 3. The heading to
Section 161.082, Health and Safety Code, is amended to read as follows:
Sec. 161.082. SALE OF
CIGARETTES, VAPOR PRODUCTS, OR TOBACCO PRODUCTS TO PERSONS YOUNGER
THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED.
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SECTION 3. The heading to
Section 161.082, Health and Safety Code, is amended to read as follows:
Sec. 161.082. SALE OF
CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO PERSONS YOUNGER
THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED.
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SECTION 4. Sections
161.082(a), (b), and (d), Health and Safety Code, are amended to read as
follows:
(a) A person commits an
offense if the person, with criminal negligence:
(1) sells, gives, or causes
to be sold or given a cigarette, vapor
product, or tobacco product to someone who is younger than 18
years of age; or
(2) sells, gives, or causes
to be sold or given a cigarette, vapor
product, or tobacco product to another person who intends to
deliver it to someone who is younger than 18 years of age.
(b) If an offense under this
section occurs in connection with a sale by an employee of the owner of a
store in which cigarettes, vapor
products, or tobacco products are sold at retail, the employee
is criminally responsible for the offense and is subject to prosecution.
(d) It is a defense to
prosecution under Subsection (a)(1) that the person to whom the cigarette,
vapor product, or tobacco
product was sold or given presented to the defendant apparently valid proof
of identification.
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SECTION 4. Sections
161.082(a), (b), and (d), Health and Safety Code, are amended to read as
follows:
(a) A person commits an
offense if the person, with criminal negligence:
(1) sells, gives, or causes
to be sold or given a cigarette, e-cigarette,
or tobacco product to someone who is younger than 18 years of age; or
(2) sells, gives, or causes
to be sold or given a cigarette, e-cigarette,
or tobacco product to another person who intends to deliver it to someone
who is younger than 18 years of age.
(b) If an offense under this
section occurs in connection with a sale by an employee of the owner of a
store in which cigarettes, e-cigarettes,
or tobacco products are sold at retail, the employee is criminally
responsible for the offense and is subject to prosecution.
(d) It is a defense to
prosecution under Subsection (a)(1) that the person to whom the cigarette,
e-cigarette, or tobacco product
was sold or given presented to the defendant apparently valid proof of
identification.
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SECTION 5. Section
161.0825(e), Health and Safety Code, is amended to read as follows:
(e) It is an affirmative
defense to prosecution under Section 161.082 that:
(1) a transaction scan
device identified a license or certificate as valid and the defendant
accessed the information and relied on the results in good faith; or
(2) if the defendant is the
owner of a store in which cigarettes, vapor
products, or tobacco products are sold at retail, the offense
under Section 161.082 occurs in connection with a sale by an employee of
the owner, and the owner had provided the employee with:
(A) a transaction scan
device in working condition; and
(B) adequate training in the
use of the transaction scan device.
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SECTION 5. Section
161.0825(e), Health and Safety Code, is amended to read as follows:
(e) It is an affirmative
defense to prosecution under Section 161.082 that:
(1) a transaction scan
device identified a license or certificate as valid and the defendant
accessed the information and relied on the results in good faith; or
(2) if the defendant is the
owner of a store in which cigarettes, e-cigarettes,
or tobacco products are sold at retail, the offense under Section 161.082
occurs in connection with a sale by an employee of the owner, and the owner
had provided the employee with:
(A) a transaction scan
device in working condition; and
(B) adequate training in the
use of the transaction scan device.
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SECTION 6. The heading to
Section 161.083, Health and Safety Code, is amended to read as follows:
Sec. 161.083. SALE OF
CIGARETTES, VAPOR PRODUCTS, OR TOBACCO PRODUCTS TO PERSONS YOUNGER
THAN 27 YEARS OF AGE.
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SECTION 6. The heading to
Section 161.083, Health and Safety Code, is amended to read as follows:
Sec. 161.083. SALE OF
CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO PERSONS YOUNGER
THAN 27 YEARS OF AGE.
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SECTION 7. Section 161.083,
Health and Safety Code, is amended by adding Subsection (a-1) and amending
Subsections (b) and (c) to read as follows:
(a-1) A person may not
sell, give, or cause to be sold or given a vapor
product to someone who is younger than 27 years of age unless the
person to whom the vapor product was
sold or given presents an apparently valid proof of identification.
(b) A retailer shall
adequately supervise and train the retailer's agents and employees to
prevent a violation of Subsections [Subsection] (a) and
(a-1).
(c) A proof of
identification described by Section 161.082(e) satisfies the requirements
of Subsections [Subsection] (a) and (a-1).
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SECTION 7. Section 161.083,
Health and Safety Code, is amended by adding Subsection (a-1) and amending
Subsections (b) and (c) to read as follows:
(a-1) A person may not
sell, give, or cause to be sold or given an e-cigarette
to someone who is younger than 27 years of age unless the person to whom
the e-cigarette was sold or given
presents an apparently valid proof of identification.
(b) A retailer shall
adequately supervise and train the retailer's agents and employees to
prevent a violation of Subsections [Subsection] (a) and
(a-1).
(c) A proof of
identification described by Section 161.082(e) satisfies the requirements
of Subsections [Subsection] (a) and (a-1).
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SECTION 8. Sections
161.084(a), (b), and (d), Health and Safety Code, are amended to read as
follows:
(a) Each person who sells
cigarettes, vapor products,
or tobacco products at retail or by vending machine shall post a sign in a
location that is conspicuous to all employees and customers and that is
close to the place at which the cigarettes, vapor products, or tobacco products may be purchased.
(b) The sign must include
the statement:
PURCHASING OR ATTEMPTING TO
PURCHASE VAPOR PRODUCTS OR
TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.
SALE OR PROVISION OF VAPOR PRODUCTS
OR TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO
$500, MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S
OFFICE BY CALLING (insert toll-free telephone number). PREGNANT WOMEN
SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN
PREMATURE OR WITH LOW BIRTH WEIGHT.
(d) The comptroller on
request shall provide the sign without charge to any person who sells
cigarettes, vapor products,
or tobacco products. The comptroller may provide the sign without charge
to distributors of cigarettes, vapor
products, or tobacco products or wholesale dealers of cigarettes,
vapor products, or tobacco products
in this state for distribution to persons who sell cigarettes, vapor products, or tobacco products.
A distributor or wholesale dealer may not charge for distributing a sign
under this subsection.
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SECTION 8. Sections
161.084(a), (b), and (d), Health and Safety Code, are amended to read as
follows:
(a) Each person who sells
cigarettes, e-cigarettes, or
tobacco products at retail or by vending machine shall post a sign in a
location that is conspicuous to all employees and customers and that is
close to the place at which the cigarettes, e-cigarettes, or tobacco products may be purchased.
(b) The sign must include
the statement:
PURCHASING OR ATTEMPTING TO
PURCHASE E-CIGARETTES OR
TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE
OR PROVISION OF E-CIGARETTES OR
TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.
UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY
BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S OFFICE
BY CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD NOT
SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR
WITH LOW BIRTH WEIGHT.
(d) The comptroller on
request shall provide the sign without charge to any person who sells
cigarettes, e-cigarettes, or
tobacco products. The comptroller may provide the sign without charge to
distributors of cigarettes, e-cigarettes,
or tobacco products or wholesale dealers of cigarettes, e-cigarettes, or tobacco products in
this state for distribution to persons who sell cigarettes, e-cigarettes, or tobacco products. A
distributor or wholesale dealer may not charge for distributing a sign
under this subsection.
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SECTION 9. Sections
161.085(a) and (b), Health and Safety Code, are amended to read as follows:
(a) Each retailer shall
notify each individual employed by that retailer who is to be engaged in
retail sales of cigarettes, vapor
products, or tobacco products that state law:
(1) prohibits the sale or
distribution of cigarettes, vapor
products, or tobacco products to any person who is younger than
18 years of age as provided by Section 161.082 and that a violation of that
section is a Class C misdemeanor; and
(2) requires each person who
sells cigarettes, vapor products,
or tobacco products at retail or by vending machine to post a warning
notice as provided by Section 161.084, requires each employee to ensure
that the appropriate sign is always properly displayed while that employee
is exercising the employee's duties, and provides that a violation of
Section 161.084 is a Class C misdemeanor.
(b) The notice required by
Subsection (a) must be provided within 72 hours of the date an individual
begins to engage in retail sales of vapor
or tobacco products. The individual shall signify that the individual
has received the notice required by Subsection (a) by signing a form
stating that the law has been fully explained, that the individual
understands the law, and that the individual, as a condition of employment,
agrees to comply with the law.
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SECTION 9. Sections
161.085(a) and (b), Health and Safety Code, are amended to read as follows:
(a) Each retailer shall
notify each individual employed by that retailer who is to be engaged in
retail sales of cigarettes, e-cigarettes,
or tobacco products that state law:
(1) prohibits the sale or
distribution of cigarettes, e-cigarettes,
or tobacco products to any person who is younger than 18 years of age as
provided by Section 161.082 and that a violation of that section is a Class
C misdemeanor; and
(2) requires each person who
sells cigarettes, e-cigarettes,
or tobacco products at retail or by vending machine to post a warning
notice as provided by Section 161.084, requires each employee to ensure
that the appropriate sign is always properly displayed while that employee
is exercising the employee's duties, and provides that a violation of
Section 161.084 is a Class C misdemeanor.
(b) The notice required by
Subsection (a) must be provided within 72 hours of the date an individual begins
to engage in retail sales of e-cigarettes
or tobacco products. The individual shall signify that the individual
has received the notice required by Subsection (a) by signing a form
stating that the law has been fully explained, that the individual understands
the law, and that the individual, as a condition of employment, agrees to
comply with the law.
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SECTION 10. Section
161.086(a), Health and Safety Code, is amended to read as follows:
(a) Except as provided by
Subsection (b), a retailer or other person may not:
(1) offer cigarettes, vapor products, or tobacco products
for sale in a manner that permits a customer direct access to the
cigarettes, vapor products,
or tobacco products; or
(2) install or maintain a
vending machine containing cigarettes, vapor
products, or tobacco products.
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SECTION 10. Section
161.086(a), Health and Safety Code, is amended to read as follows:
(a) Except as provided by
Subsection (b), a retailer or other person may not:
(1) offer cigarettes, e-cigarettes, or tobacco products for
sale in a manner that permits a customer direct access to the cigarettes,
e-cigarettes, or tobacco
products; or
(2) install or maintain a
vending machine containing cigarettes, e-cigarettes,
or tobacco products.
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SECTION 11. The heading to
Section 161.087, Health and Safety Code, is amended to read as follows:
Sec. 161.087. DISTRIBUTION
OF CIGARETTES, VAPOR PRODUCTS, OR TOBACCO PRODUCTS.
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SECTION 11. The heading to
Section 161.087, Health and Safety Code, is amended to read as follows:
Sec. 161.087. DISTRIBUTION
OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS.
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SECTION 12. Sections
161.087(a) and (b), Health and Safety Code, are amended to read as follows:
(a) A person may not
distribute to persons younger than 18 years of age:
(1) a free sample of a
cigarette, vapor product, or
tobacco product; or
(2) a coupon or other item
that the recipient may use to receive a free or discounted cigarette, vapor product, or tobacco product or a
sample cigarette, vapor product,
or tobacco product.
(b) Except as provided by
Subsection (c), a person, including a permit holder, may not
accept or redeem, offer to accept or redeem, or hire a person to accept or
redeem a coupon or other item that the recipient may use to receive a free
or discounted cigarette, vapor product,
or tobacco product or a sample cigarette, vapor
product, or tobacco product if the recipient is younger than 18
years of age. A coupon or other item that such a recipient may use to
receive a free or discounted cigarette, vapor
product, or tobacco product or a sample cigarette, vapor product, or tobacco product may
not be redeemable through mail or courier delivery.
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SECTION 12. Sections
161.087(a) and (b), Health and Safety Code, are amended to read as follows:
(a) A person may not
distribute to persons younger than 18 years of age:
(1) a free sample of a
cigarette, e-cigarette, or
tobacco product; or
(2) a coupon or other item
that the recipient may use to receive a free or discounted cigarette, e-cigarette, or tobacco product or a
sample cigarette, e-cigarette,
or tobacco product.
(b) Except as provided by
Subsection (c), a person, including a permit holder, may not
accept or redeem, offer to accept or redeem, or hire a person to accept or
redeem a coupon or other item that the recipient may use to receive a free
or discounted cigarette, e-cigarette,
or tobacco product or a sample cigarette, e-cigarette,
or tobacco product if the recipient is younger than 18 years of age. A
coupon or other item that such a recipient may use to receive a free or
discounted cigarette, e-cigarette,
or tobacco product or a sample cigarette, e-cigarette,
or tobacco product may not be redeemable through mail or courier delivery.
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No
equivalent provision.
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SECTION 13. Subchapter H,
Chapter 161, Health and Safety Code, is amended by adding Section 161.0875
to read as follows:
Sec. 161.0875. SALE OF E-CIGARETTE
NICOTINE CONTAINERS. (a) A person may not sell or cause to be sold a
container that contains liquid with nicotine and that is an accessory for
an e-cigarette unless:
(1) the container
satisfies the child-resistant effectiveness standards under 16 C.F.R.
Section 1700.15(b)(1) when tested in accordance with the method described
by 16 C.F.R. Section 1700.20; or
(2) the container is a
cartridge that is prefilled and sealed by the manufacturer and is not
intended to be opened by a consumer.
(b) If the federal
government adopts standards for the packaging of a container described by
Subsection (a), a person who complies with those standards is considered to
be in compliance with this section.
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SECTION 13. Sections
161.088(b) and (d), Health and Safety Code, are amended to read as follows:
(b) The comptroller may make
block grants to counties and municipalities to be used by local law
enforcement agencies to enforce this subchapter in a manner that can
reasonably be expected to reduce the extent to which cigarettes, vapor products, and tobacco products
are sold or distributed to persons who are younger than 18 years of age.
At least annually, random unannounced inspections shall be conducted at
various locations where cigarettes, vapor
products, and tobacco products are sold or distributed to ensure
compliance with this subchapter. The comptroller shall rely, to the
fullest extent possible, on local law enforcement agencies to enforce this
subchapter.
(d) The use of a person
younger than 18 years of age to act as a minor decoy to test compliance
with this subchapter shall be conducted in a fashion that promotes
fairness. A person may be enlisted by the comptroller or a local law
enforcement agency to act as a minor decoy only if the following
requirements are met:
(1) written parental consent
is obtained for the use of a person younger than 18 years of age to act as
a minor decoy to test compliance with this subchapter;
(2) at the time of the
inspection, the minor decoy is younger than 17 years of age;
(3) the minor decoy has an
appearance that would cause a reasonably prudent seller of cigarettes, vapor products, or tobacco products to
request identification and proof of age;
(4) the minor decoy carries
either the minor's own identification showing the minor's correct date of
birth or carries no identification, and a minor decoy who carries
identification presents it on request to any seller of cigarettes, vapor products, or tobacco products;
and
(5) the minor decoy answers
truthfully any questions about the minor's age.
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SECTION 14. Sections
161.088(b) and (d), Health and Safety Code, are amended to read as follows:
(b) The comptroller may make
block grants to counties and municipalities to be used by local law
enforcement agencies to enforce this subchapter and Subchapter R in a manner that can reasonably be
expected to reduce the extent to which cigarettes, e-cigarettes, and tobacco products are
sold or distributed, including by
delivery sale, to persons who are younger than 18 years of
age. At least annually, random unannounced inspections shall be conducted
at various locations where cigarettes, e-cigarettes,
and tobacco products are sold or distributed, including by delivery sale, to ensure compliance with
this subchapter and Subchapter R.
The comptroller shall rely, to the fullest extent possible, on local law
enforcement agencies to enforce this subchapter and Subchapter R.
(d) The use of a person
younger than 18 years of age to act as a minor decoy to test compliance
with this subchapter and Subchapter R shall be conducted in a
fashion that promotes fairness. A person may be enlisted by the
comptroller or a local law enforcement agency to act as a minor decoy only
if the following requirements are met:
(1) written parental consent
is obtained for the use of a person younger than 18 years of age to act as
a minor decoy to test compliance with this subchapter and Subchapter R;
(2) at the time of the
inspection, order, or delivery,
the minor decoy is younger than 17 years of age;
(3) the minor decoy has an
appearance that would cause a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco products to
request identification and proof of age;
(4) the minor decoy carries
either the minor's own identification showing the minor's correct date of
birth or carries no identification, and a minor decoy who carries
identification presents it on request to any seller of or any person who delivers cigarettes,
e-cigarettes, or tobacco
products; and
(5) the minor decoy answers
truthfully any questions about the minor's age at the time of the inspection, order, or delivery.
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SECTION 14. Section 161.089,
Health and Safety Code, is amended to read as follows:
Sec. 161.089. PREEMPTION OF
LOCAL LAW. This subchapter does not preempt a local regulation of the
sale, distribution, or use of cigarettes, vapor products, or tobacco
products or affect the authority of a political subdivision to adopt or
enforce an ordinance or requirement relating to the sale, distribution, or
use of cigarettes, vapor products, or tobacco products if the
regulation, ordinance, or requirement:
(1) is compatible with and
equal to or more stringent than a requirement prescribed by this
subchapter; or
(2) relates to an issue that
is not specifically addressed by this subchapter or Chapter 154 or 155, Tax
Code.
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No
equivalent provision.
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SECTION 15. Section
161.0901, Health and Safety Code, is amended to read as follows:
Sec. 161.0901. DEPARTMENT
REPORT [OF OFFICE OF SMOKING AND HEALTH]. (a) Not later than
January 5th of each odd-numbered year the [Office of Smoking and Health
of the] department shall report to the governor, lieutenant governor,
and [the] speaker of the house of representatives on the status of
smoking and the use of vapor products,
tobacco, and tobacco products in this state.
(b) The report must include,
at a minimum:
(1) a baseline of statistics
and analysis regarding retail compliance with this
subchapter, Subchapter K, and Chapters 154 and 155, Tax Code;
(2) a baseline of statistics
and analysis regarding illegal vapor
product and tobacco sales, including:
(A) sales to minors;
(B) enforcement actions
concerning minors; and
(C) sources of citations;
(3) vapor product and tobacco controls and
initiatives by the [Office of Smoking and Health of the] department,
or any other state agency, including an evaluation of the effectiveness of
the controls and initiatives;
(4) the future goals and
plans of the [Office of Smoking and Health of the] department to
decrease the use of vapor products,
tobacco, and tobacco products;
(5) the educational programs
of the [Office of Smoking and Health of the] department and the
effectiveness of those programs; and
(6) the incidence of use of vapor products, tobacco, and
tobacco products by regions in this state, including use of cigarettes, vapor products, and tobacco products
by ethnicity.
No
equivalent provision.
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SECTION 15. Subchapter H,
Chapter 161, Health and Safety Code, is amended by adding Section 161.0902
to read as follows:
Sec. 161.0902. E-CIGARETTE
REPORT.
(a) Not later than
January 5th of each odd-numbered year, the department shall report to the
governor, lieutenant governor, and speaker of the house of representatives
on the status of the use of e-cigarettes
in this state.
(b) The report must
include, at a minimum:
(1) a baseline of
statistics and analysis regarding retail compliance with this subchapter and Subchapter R;
(2) a baseline of
statistics and analysis regarding illegal e-cigarette
sales, including:
(A) sales to minors;
(B) enforcement actions
concerning minors; and
(C) sources of citations;
(3) e-cigarette controls and initiatives by
the department, or any other state agency, including an evaluation of the
effectiveness of the controls and initiatives;
(4) the future goals and
plans of the department to decrease the use of e-cigarettes;
(5) the educational
programs of the department and the effectiveness of those programs; and
(6) the incidence of use
of e-cigarettes by regions in this
state, including use of e-cigarettes
by ethnicity.
(c) The department may
include the report required by this section with a similar report for
cigarettes or tobacco products required by law.
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SECTION 16. The heading to
Subchapter K, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER K. PROHIBITION OF
CERTAIN CIGARETTE, VAPOR PRODUCT, OR TOBACCO PRODUCT ADVERTISING;
FEE
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No
equivalent provision.
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SECTION 17. Section 161.121,
Health and Safety Code, is amended by adding Subdivision (6) to read as
follows:
(6) "Vapor
product" has the meaning assigned by Section 161.081.
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No
equivalent provision.
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SECTION 18. Sections
161.122(a) and (b), Health and Safety Code, are amended to read as follows:
(a) Except as provided by
this section, a sign containing an advertisement for cigarettes, vapor
products, or tobacco products may not be located closer than 1,000 feet
to a church or school.
(b) The measurement of the
distance between the sign containing an advertisement for cigarettes, vapor
products, or tobacco products and an institution listed in Subsection
(a) is from the nearest property line of the institution to a point on a
street or highway closest to the sign, along street lines and in direct
lines across intersections.
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No
equivalent provision.
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SECTION 19. Section
161.123(a), Health and Safety Code, is amended to read as follows:
(a) A purchaser of
advertising is liable for and shall remit to the comptroller a fee that is
10 percent of the gross sales price of any outdoor advertising of
cigarettes, vapor products, and tobacco products in this state.
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No
equivalent provision.
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SECTION 20. Section
161.124(b), Health and Safety Code, is amended to read as follows:
(b) Money in the account may
be appropriated only for administration and enforcement of this section,
enforcement of law relating to cigarettes, vapor products, and
tobacco products, and the education advertising campaign and grant program
established under Subchapter O[, Chapter 161].
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No
equivalent provision.
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SECTION 21. The heading to
Subchapter N, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER N. VAPOR
PRODUCT AND TOBACCO USE BY MINORS
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SECTION 16. The heading to
Subchapter N, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER N. E-CIGARETTE
AND TOBACCO USE BY MINORS
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SECTION 22. Section 161.251,
Health and Safety Code, is amended by adding Subdivision (3) to read as
follows:
(3) "Vapor product" has the meaning assigned by Section
161.081.
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SECTION 17. Section 161.251,
Health and Safety Code, is amended by adding Subdivision (1-a) to read as
follows:
(1-a) "E-cigarette" has the meaning assigned by Section 161.081.
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SECTION 23. The heading to
Section 161.252, Health and Safety Code, is amended to read as follows:
Sec. 161.252. POSSESSION,
PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES, VAPOR PRODUCTS, OR
TOBACCO PRODUCTS BY MINORS PROHIBITED.
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SECTION 18. The heading to
Section 161.252, Health and Safety Code, is amended to read as follows:
Sec. 161.252. POSSESSION,
PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES, E-CIGARETTES, OR
TOBACCO PRODUCTS BY MINORS PROHIBITED.
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SECTION 24. Sections
161.252(a) and (b), Health and Safety Code, are amended to read as follows:
(a) An individual who is
younger than 18 years of age commits an offense if the individual:
(1) possesses, purchases,
consumes, or accepts a cigarette, vapor
product, or tobacco product; or
(2) falsely represents
himself or herself to be 18 years of age or older by displaying proof of
age that is false, fraudulent, or not actually proof of the individual's
own age in order to obtain possession of, purchase, or receive a cigarette,
vapor product, or tobacco
product.
(b) It is an exception to
the application of this section that the individual younger than 18 years
of age possessed the cigarette, vapor
product, or tobacco product in the presence of:
(1) an adult parent, a
guardian, or a spouse of the individual; or
(2) an employer of the
individual, if possession or receipt of the vapor or tobacco product is required in the performance
of the employee's duties as an employee.
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SECTION 19. Sections
161.252(a) and (b), Health and Safety Code, are amended to read as follows:
(a) An individual who is
younger than 18 years of age commits an offense if the individual:
(1) possesses, purchases,
consumes, or accepts a cigarette, e-cigarette,
or tobacco product; or
(2) falsely represents
himself or herself to be 18 years of age or older by displaying proof of
age that is false, fraudulent, or not actually proof of the individual's
own age in order to obtain possession of, purchase, or receive a cigarette,
e-cigarette, or tobacco product.
(b) It is an exception to
the application of this section that the individual younger than 18 years
of age possessed the cigarette, e-cigarette,
or tobacco product in the presence of:
(1) an adult parent, a
guardian, or a spouse of the individual; or
(2) an employer of the
individual, if possession or receipt of the e-cigarette or tobacco product is required in the
performance of the employee's duties as an employee.
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|
SECTION 25. The heading to
Section 161.253, Health and Safety Code, is amended to read as follows:
Sec. 161.253. VAPOR
PRODUCT AND TOBACCO AWARENESS PROGRAM; COMMUNITY SERVICE.
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SECTION 20. The heading to
Section 161.253, Health and Safety Code, is amended to read as follows:
Sec. 161.253. E-CIGARETTE
AND TOBACCO AWARENESS PROGRAM; COMMUNITY SERVICE.
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SECTION 26. Sections
161.253(a), (b), (c), (d), and (e), Health and Safety Code, are amended to
read as follows:
(a) On conviction of an
individual for an offense under Section 161.252, the court shall suspend
execution of sentence and shall require the defendant to attend a vapor product and tobacco awareness
program approved by the commissioner. The court may require the parent or
guardian of the defendant to attend the vapor
product and tobacco awareness program with the defendant.
(b) On request, a vapor product and tobacco awareness
program may be taught in languages other than English.
(c) If the defendant resides
in a rural area of this state or another area of this state in which access
to a vapor product and
tobacco awareness program is not readily available, the court shall require
the defendant to perform eight to 12 hours of vapor- and tobacco-related community service instead of
attending the vapor product and
tobacco awareness program.
(d) The vapor product and tobacco awareness program
and the vapor- and
tobacco-related community service are remedial and are not punishment.
(e) Not later than the 90th
day after the date of a conviction under Section 161.252, the defendant
shall present to the court, in the manner required by the court, evidence
of satisfactory completion of the vapor
product and tobacco awareness program or the vapor- and tobacco-related community
service.
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SECTION 21. Sections
161.253(a), (b), (c), (d), and (e), Health and Safety Code, are amended to
read as follows:
(a) On conviction of an
individual for an offense under Section 161.252, the court shall suspend
execution of sentence and shall require the defendant to attend an e-cigarette and [a] tobacco
awareness program approved by the commissioner. The court may require the
parent or guardian of the defendant to attend the e-cigarette and tobacco awareness
program with the defendant.
(b) On request, an e-cigarette and [a] tobacco
awareness program may be taught in languages other than English.
(c) If the defendant resides
in a rural area of this state or another area of this state in which access
to an e-cigarette and [a]
tobacco awareness program is not readily available, the court shall require
the defendant to perform eight to 12 hours of e-cigarette- and tobacco-related community service
instead of attending the e-cigarette
and tobacco awareness program.
(d) The e-cigarette and tobacco awareness
program and the e-cigarette- and
tobacco-related community service are remedial and are not punishment.
(e) Not later than the 90th
day after the date of a conviction under Section 161.252, the defendant
shall present to the court, in the manner required by the court, evidence
of satisfactory completion of the e-cigarette
and tobacco awareness program or the e-cigarette-
and tobacco-related community service.
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SECTION 27. Section
161.255(a), Health and Safety Code, is amended to read as follows:
(a) An individual convicted
of an offense under Section 161.252 may apply to the court to have the
conviction expunged. If the court finds that the individual satisfactorily
completed the vapor product and
tobacco awareness program or vapor-
and tobacco-related community service ordered by the court, the court
shall order the conviction and any complaint, verdict, sentence, or other
document relating to the offense to be expunged from the individual's
record and the conviction may not be shown or made known for any purpose.
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SECTION 22. Section
161.255(a), Health and Safety Code, is amended to read as follows:
(a) An individual convicted
of an offense under Section 161.252 may apply to the court to have the
conviction expunged. If the court finds that the individual satisfactorily
completed the e-cigarette and
tobacco awareness program or e-cigarette-
and tobacco-related community service ordered by the court, the court
shall order the conviction and any complaint, verdict, sentence, or other
document relating to the offense to be expunged from the individual's
record and the conviction may not be shown or made known for any purpose.
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SECTION 28. Section 161.256,
Health and Safety Code, is amended to read as follows:
Sec. 161.256. JURISDICTION
OF COURTS. A justice court or municipal court may exercise jurisdiction
over any matter in which a court under this subchapter may:
(1) impose a requirement
that a defendant attend a vapor product
and tobacco awareness program or perform vapor- and tobacco-related community service; or
(2) order the suspension or
denial of a driver's license or permit.
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SECTION 23. Section 161.256,
Health and Safety Code, is amended to read as follows:
Sec. 161.256. JURISDICTION
OF COURTS. A justice court or municipal court may exercise jurisdiction
over any matter in which a court under this subchapter may:
(1) impose a requirement
that a defendant attend an e-cigarette
and [a] tobacco awareness program or perform e-cigarette- and tobacco-related
community service; or
(2) order the suspension or
denial of a driver's license or permit.
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SECTION 29. The heading to
Subchapter O, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER O. PREVENTION OF
TOBACCO AND VAPOR PRODUCT USE BY MINORS
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SECTION 24. The heading to
Subchapter O, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER O. PREVENTION OF
TOBACCO AND E-CIGARETTE USE BY MINORS
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SECTION 30. The heading to
Section 161.301, Health and Safety Code, is amended to read as follows:
Sec. 161.301. TOBACCO AND
VAPOR PRODUCT USE PUBLIC AWARENESS CAMPAIGN.
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SECTION 25. The heading to
Section 161.301, Health and Safety Code, is amended to read as follows:
Sec. 161.301. TOBACCO AND
E-CIGARETTE USE PUBLIC AWARENESS CAMPAIGN.
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SECTION 31. Section
161.301(a), Health and Safety Code, is amended to read as follows:
(a) The commissioner shall
develop and implement a public awareness campaign designed to reduce the
[tobacco] use by minors in this state of tobacco and of vapor products as defined by Section
161.081. The campaign may use advertisements or similar media to
provide educational information about tobacco and vapor product use.
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SECTION 26. Section
161.301(a), Health and Safety Code, as amended by S.B. 219, Acts of the
84th Legislature, Regular Session, 2015, is amended to read as follows:
(a) The department shall
develop and implement a public awareness campaign designed to reduce the
[tobacco] use by minors in this state of tobacco and e-cigarettes as defined by Section 161.081.
The campaign may use advertisements or similar media to provide educational
information about tobacco and e-cigarette
use.
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SECTION 32. Section
161.302(a), Health and Safety Code, is amended to read as follows:
(a) The entity administering
Section 161.301 shall also develop and implement a grant program to support
youth groups that include as a part of the group's program components
related to reduction of [tobacco] use by the group's members of
tobacco and of vapor products as
defined by Section 161.081.
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SECTION 27. Section
161.302(a), Health and Safety Code, is amended to read as follows:
(a) The entity administering
Section 161.301 shall also develop and implement a grant program to support
youth groups that include as a part of the group's program components
related to reduction of [tobacco] use by the group's members of
tobacco and e-cigarettes as defined
by Section 161.081.
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SECTION 33. Section 161.351,
Health and Safety Code, is amended by adding Subdivision (4) to read as
follows:
(4) "Vapor
product" has the meaning assigned by Section 161.081.
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No
equivalent provision.
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SECTION 34. Sections
161.352(a) and (b), Health and Safety Code, are amended to read as follows:
(a) Each manufacturer shall
file with the department an annual report for each cigarette, vapor
product, or tobacco product distributed in this state, stating:
(1) the identity of each
ingredient in the cigarette, vapor product, or tobacco product,
listed in descending order according to weight, measure, or numerical
count, other than:
(A) tobacco;
(B) water; or
(C) a reconstituted tobacco
sheet made wholly from tobacco; and
(2) a nicotine yield rating
for the cigarette, vapor product, or tobacco product established
under Section 161.353.
(b) This section does not
require a manufacturer to disclose the specific amount of any ingredient in
a cigarette, vapor product, or tobacco product if that ingredient
has been approved as safe when burned and inhaled by the United States Food
and Drug Administration or a successor entity.
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No
equivalent provision.
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SECTION 35. Section 161.353,
Health and Safety Code, is amended to read as follows:
Sec. 161.353. NICOTINE YIELD
RATES. (a) Each manufacturer shall assign a nicotine yield rating to each
cigarette, vapor product, or tobacco product distributed in this
state. The rating shall be assigned in accordance with standards adopted
by the department.
(b) The department standards
must be developed so that the nicotine yield rating reflects, as accurately
as possible, nicotine intake for an average consumer of the cigarette, vapor
product, or tobacco product.
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No
equivalent provision.
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|
SECTION 36. Section
161.355(a), Health and Safety Code, is amended to read as follows:
(a) A district court, on
petition of the department and on a finding by the court that a
manufacturer has failed to file the report required by Section 161.352, may
by injunction:
(1) prohibit the sale or
distribution in this state of a cigarette, vapor product, or tobacco
product manufactured by the manufacturer; or
(2) grant any other
injunctive relief warranted by the facts.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 28. Subchapter P,
Chapter 161, Health and Safety Code, is amended by adding Section 161.356
to read as follows:
Sec. 161.356. COMPLIANCE
WITH FEDERAL LAW. A person is considered to have complied with this
subchapter if the person complies with Subchapter IX of 21 U.S.C. Chapter 9
and rules adopted under that subchapter.
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SECTION 37. The heading to
Subchapter R, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER R. DELIVERY SALES
OF CIGARETTES AND VAPOR PRODUCTS
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SECTION 29. The heading to
Subchapter R, Chapter 161, Health and Safety Code, is amended to read as
follows:
SUBCHAPTER R. DELIVERY SALES
OF CIGARETTES AND E-CIGARETTES
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SECTION 38. Section 161.451,
Health and Safety Code, is amended by amending Subdivisions (1) and (3) and
adding Subdivision (5) to read as follows:
(1) "Delivery
sale" means a sale of cigarettes or vapor
products to a consumer in this state in which the purchaser
submits the order for the sale by means of a telephonic or other method of
voice transmission, by using the mails or any other delivery service, or
through the Internet or another on-line service, or the cigarettes or vapor products are delivered by use of
the mails or another delivery service. A sale of cigarettes or vapor products is a delivery sale
regardless of whether the seller is located within or without this state.
A sale of cigarettes or vapor products
not for personal consumption to a person who is a wholesale dealer or a
retail dealer is not a delivery sale.
(3) "Shipping
container" means a container in which cigarettes or vapor products are shipped in
connection with a delivery sale.
(5) "Vapor product" has the meaning assigned by Section
161.081.
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SECTION 30. Section 161.451,
Health and Safety Code, is amended by amending Subdivisions (1) and (3) and
adding Subdivision (2-a) to read as follows:
(1) "Delivery
sale" means a sale of cigarettes or e-cigarettes
to a consumer in this state in which the purchaser submits the order for
the sale by means of a telephonic or other method of voice transmission, by
using the mails or any other delivery service, or through the Internet or
another on-line service, or the cigarettes or e-cigarettes are delivered by use of the mails or
another delivery service. A sale of cigarettes or e-cigarettes is a delivery sale
regardless of whether the seller is located within or without this state.
A sale of cigarettes or e-cigarettes
not for personal consumption to a person who is a wholesale dealer or a
retail dealer is not a delivery sale.
(2-a) "E-cigarette" has the meaning assigned by Section
161.081.
(3) "Shipping
container" means a container in which cigarettes or e-cigarettes are shipped in connection
with a delivery sale.
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SECTION 39. Section 161.452,
Health and Safety Code, is amended to read as follows:
Sec. 161.452. REQUIREMENTS
FOR DELIVERY SALES. (a) A person may not make a delivery sale of
cigarettes or vapor products
to an individual who is under the age prescribed by Section 161.082.
(b) A person taking a
delivery sale order shall comply with:
(1) the age verification
requirements prescribed by Section 161.453;
(2) the disclosure
requirements prescribed by Section 161.454;
(3) the shipping
requirements prescribed by Section 161.455;
(4) the registration and
reporting requirements prescribed by Section 161.456;
(5) the tax collection
requirements prescribed by Section 161.457, if applicable; and
(6) each law of this state
that generally applies to sales of cigarettes or vapor products that occur entirely within this state,
if applicable, including a law:
(A) imposing a tax; or
(B) prescribing a permitting
or tax-stamping requirement.
No
equivalent provision.
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SECTION 31. Section 161.452,
Health and Safety Code, is amended to read as follows:
Sec. 161.452. REQUIREMENTS
FOR DELIVERY SALES. (a) A person may not make a delivery sale of
cigarettes or e-cigarettes to
an individual who is under the age prescribed by Section 161.082.
(b) A person taking a
delivery sale order of cigarettes
shall comply with:
(1) the age verification
requirements prescribed by Section 161.453;
(2) the disclosure
requirements prescribed by Section 161.454;
(3) the shipping
requirements prescribed by Section 161.455;
(4) the registration and
reporting requirements prescribed by Section 161.456;
(5) the tax collection
requirements prescribed by Section 161.457; and
(6) each law of this state
that generally applies to sales of cigarettes that occur entirely within
this state, including a law:
(A) imposing a tax; or
(B) prescribing a permitting
or tax-stamping requirement.
(c) A person taking a
delivery sale order of e-cigarettes shall comply with:
(1) the age verification
requirements prescribed by Section 161.453;
(2) the disclosure
requirements prescribed by Section 161.454;
(3) the shipping
requirements prescribed by Section 161.455;
(4) the registration and
reporting requirements prescribed by Section 161.456; and
(5) each law of this
state that generally applies to sales of e-cigarettes that occur entirely
within this state.
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SECTION 40. Section
161.453(a), Health and Safety Code, is amended to read as follows:
(a) A person may not mail or
ship cigarettes or vapor products
in connection with a delivery sale order unless before mailing or shipping
the cigarettes or vapor products
the person accepting the delivery sale order first:
(1)
obtains from the prospective customer a certification that includes:
(A) reliable confirmation
that the purchaser is at least 18 years of age; and
(B) a statement signed by
the prospective purchaser in writing and under penalty of law:
(i) certifying the
prospective purchaser's address and date of birth;
(ii) confirming that the
prospective purchaser understands that signing another person's name to the
certification is illegal, that sales of cigarettes or vapor products to an individual under
the age prescribed by Section 161.082 are illegal under state law, and that
the purchase of cigarettes or vapor
products by an individual under that age is illegal under state law;
and
(iii)
confirming that the prospective purchaser wants to receive mailings from a vapor
product or tobacco company;
(2)
makes a good faith effort to verify the information contained in the
certification provided by the prospective purchaser under Subdivision (1)
against a commercially available database or obtains a photocopy or other
image of a government-issued identification bearing a photograph of the
prospective purchaser and stating the date of birth or age of the
prospective purchaser;
(3)
sends to the prospective purchaser, by e-mail or other means, a notice
that complies with Section 161.454; and
(4) for an order made over the Internet or as a result of an
advertisement, receives payment for the delivery sale from the
prospective purchaser by a credit or debit card that has been issued in the
purchaser's name or by check.
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SECTION 32. Section 161.453,
Health and Safety Code, is amended by adding Subsections (c) and (d) to
read as follows:
(c) A person may not mail
or ship e-cigarettes in connection
with a delivery sale order unless before accepting a delivery sale order
the person verifies that the
prospective purchaser is at least 18 years of age through a commercially
available database or aggregate of
databases that is regularly used for the purpose of age and identity
verification. After the order is accepted, the person must use a method of
mailing or shipping that requires an adult signature.
(d) A retailer in this state that otherwise complies with
applicable laws relating to retail sales and primarily sells e-cigarettes
may comply with Subsection (c) by:
(1) verifying the age of
the prospective purchaser with a commercially available database or a
photocopy or other image of a government-issued identification bearing a
photograph of the prospective purchaser and stating the date of birth or
age of the prospective purchaser;
(2) obtaining a written
statement signed by the prospective purchaser, under penalty of law,
certifying the prospective purchaser's address and date of birth; and
(3) receiving payment for
the delivery sale from the prospective purchaser by a credit card or debit
card that has been issued in the prospective purchaser's name or by a check
that is associated with a bank account in the prospective purchaser's name.
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SECTION 41. Section 161.454,
Health and Safety Code, is amended to read as follows:
Sec. 161.454. DISCLOSURE
REQUIREMENTS. The notice required by Section 161.453(a)(3) must include a
prominent and clearly legible statement that:
(1) cigarette and vapor product sales to individuals
who are below the age prescribed by Section 161.082 are illegal under state
law;
(2) sales of cigarettes and vapor products are restricted to
those individuals who provide verifiable proof of age in accordance with
Section 161.453; and
(3) cigarette sales are
taxable under Chapter 154, Tax Code, and an explanation of how that tax has
been or is to be paid with respect to the delivery sale.
No
equivalent provision.
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SECTION 33. Section 161.454,
Health and Safety Code, is amended to read as follows:
Sec. 161.454. DISCLOSURE
REQUIREMENTS. (a) The notice required by Section 161.453(a)(3) for a delivery sale of cigarettes must
include a prominent and clearly legible statement that:
(1) cigarette sales to individuals
who are below the age prescribed by Section 161.082 are illegal under state
law;
(2) sales of cigarettes are
restricted to those individuals who provide verifiable proof of age in
accordance with Section 161.453; and
(3) cigarette sales are taxable
under Chapter 154, Tax Code, and an explanation of how that tax has been or
is to be paid with respect to the delivery sale.
(b) A delivery sale of an
e-cigarette must include a prominent and clearly legible statement that:
(1) e-cigarette sales to
individuals younger than the age prescribed by Section 161.082 are illegal
under state law; and
(2) e-cigarette sales are
restricted to individuals who provide verifiable proof of age in accordance
with Section 161.453.
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SECTION 42. Section 161.455,
Health and Safety Code, is amended to read as follows:
Sec. 161.455. SHIPPING
REQUIREMENTS.
(a) A person who mails or
ships cigarettes or vapor products
in connection with a delivery sale order shall:
(1) include as part of the
shipping documents a clear and conspicuous statement: "CIGARETTES AND
VAPOR PRODUCTS: TEXAS LAW
PROHIBITS SHIPPING TO INDIVIDUALS UNDER 18 YEARS OF AGE AND REQUIRES THE
PAYMENT OF ALL APPLICABLE TAXES";
(2)
use a method of mailing or shipping that obligates the delivery service to
require:
(A)
the purchaser placing the delivery sale order, or an adult who is at least
18 years of age and who resides at the purchaser's address, to sign to
accept delivery of the shipping container; and
(B)
the person signing to accept delivery of the shipping container to provide
proof, in the form of a government-issued identification bearing a
photograph that the person is:
(i)
the addressee or an adult who is at least 18 years of age and who resides
at the purchaser's address; and
(ii)
at least 18 years of age if the person appears to be younger than 27 years
of age; and
(3)
provide to the delivery service retained to make the delivery evidence of
full compliance with Section 161.457.
(b) A person taking a
delivery sale order who delivers the cigarettes or vapor products without using a
third-party delivery service shall comply with the requirements prescribed
by this subchapter that apply to a delivery service.
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SECTION 34. Section 161.455,
Health and Safety Code, is amended by adding Subsection (a-1) and amending
Subsection (b) to read as follows:
(a-1) A person who mails
or ships e-cigarettes in connection
with a delivery sale order shall include as part of the shipping documents
a clear and conspicuous statement: "E-CIGARETTES:
TEXAS LAW PROHIBITS SHIPPING TO INDIVIDUALS YOUNGER THAN 18 YEARS OF AGE
AND REQUIRES PAYMENT OF ALL APPLICABLE TAXES."
(b) A person taking a
delivery sale order who delivers the cigarettes or e-cigarettes without using a
third-party delivery service shall comply with the delivery requirements prescribed by
this subchapter that apply to a delivery service.
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|
SECTION 43. Section 161.456,
Health and Safety Code, is amended to read as follows:
Sec. 161.456. REGISTRATION
AND REPORTING REQUIREMENTS. (a) A person may not make a delivery sale or
ship cigarettes or vapor products
in connection with a delivery sale unless the person first files with the
comptroller a statement that includes:
(1) the person's name and
trade name; and
(2) the address of the
person's principal place of business and any other place of business, and
the person's telephone number and e-mail address.
(b) Not later than the 10th
day of each month, each person who has made a delivery sale or shipped or
delivered cigarettes or vapor products
in connection with a delivery sale during the previous month shall file
with the comptroller a memorandum or a copy of the invoice that provides
for each delivery sale:
(1) the name, address,
telephone number, and e-mail address of the individual to whom the delivery
sale was made;
(2) the brand or brands of
the cigarettes or vapor products
that were sold; and
(3) the quantity of
cigarettes or vapor products
that were sold.
(c) With respect to
cigarettes, a [A] person who complies with 15 U.S.C. Section
376, as amended, is considered to have complied with this section.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 35. Section 161.456,
Health and Safety Code, is amended to read as follows:
Sec. 161.456. REGISTRATION
AND REPORTING REQUIREMENTS. (a) A person may not make a delivery sale or
ship cigarettes or e-cigarettes
in connection with a delivery sale unless the person first files with the
comptroller a statement that includes:
(1) the person's name and
trade name; and
(2) the address of the
person's principal place of business and any other place of business, and
the person's telephone number and e-mail address.
(b) Except as provided by Subsection (d), not
[Not] later than the 10th day of each month, each person who has
made a delivery sale or shipped or delivered cigarettes or e-cigarettes in connection with a
delivery sale during the previous month shall file with the comptroller a
memorandum or a copy of the invoice that provides for each delivery sale:
(1) the name, address,
telephone number, and e-mail address of the individual to whom the delivery
sale was made;
(2) the brand or brands of
the cigarettes or e-cigarettes
that were sold; and
(3) the quantity of
cigarettes or e-cigarettes
that were sold.
(c) With respect to
cigarettes, a [A] person who complies with 15 U.S.C. Section
376, as amended, is considered to have complied with this section.
(d) A person is exempt
from the requirement of filing with the comptroller a memorandum or a copy
of an invoice under Subsection (b) if, in the two years preceding the date
the report is due, the person has not violated this subchapter and has not
been reported under Section 161.090 to the comptroller as having violated
Subchapter H.
(e) A person required to
submit a memorandum or a copy of an invoice under Subsection (b) shall
submit a memorandum or a copy of an invoice to the comptroller for each
delivery sale of a cigarette or e-cigarette in the previous two years
unless the person has previously submitted the memorandum or copy to the
comptroller.
(f) A person shall
maintain records of compliance with this section until at least the fourth
anniversary of the date the record was prepared.
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SECTION 44. Section
161.461(a), Health and Safety Code, is amended to read as follows:
(a) Cigarettes or vapor products sold or that a person
attempted to sell in a delivery sale that does not comply with this
subchapter are forfeited to the state and shall be destroyed.
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SECTION 36. Section
161.461(a), Health and Safety Code, is amended to read as follows:
(a) Cigarettes or e-cigarettes sold or that a person
attempted to sell in a delivery sale that does not comply with this
subchapter are forfeited to the state and shall be destroyed.
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SECTION 45. The heading to
Chapter 796, Health and Safety Code, is amended to read as follows:
CHAPTER 796. CIGARETTE AND
VAPOR PRODUCT FIRE SAFETY STANDARDS
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No
equivalent provision.
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SECTION 46. Section 796.001,
Health and Safety Code, is amended by amending Subdivisions (1), (3), (4),
(5), and (7) and adding Subdivision (6-a) to read as follows:
(1) "Agent" means
a person licensed by the comptroller to purchase and affix adhesive or
meter stamps on packages of cigarettes or vapor products.
(3) "Manufacturer"
means:
(A) a person that
manufactures or otherwise produces cigarettes or vapor products for
sale in this state, including cigarettes or vapor products intended
to be sold through an importer; or
(B) the first purchaser that
intends to resell in this state cigarettes or vapor products
manufactured anywhere that the original manufacturer does not intend to be
sold in this state.
(4) "Retailer"
means a person, other than a wholesale dealer, engaged in selling
cigarettes, vapor products, or tobacco products.
(5) "Sale" means
any transfer of title or possession or both, exchange or barter,
conditional or otherwise, in any manner or by any means or any agreement.
The term includes, in addition to sales using cash or credit, the giving of
a cigarette or vapor product as a sample, prize, or gift and the
exchange of a cigarette or vapor product for any consideration other
than money.
(6-a) "Vapor
product" has the meaning assigned by Section 161.081.
(7) "Wholesale
dealer" means a person who sells cigarettes, vapor products, or
tobacco products to retail dealers or other persons for purposes of resale,
including a person who owns, operates, or maintains one or more cigarette,
vapor product, or tobacco product vending machines in premises owned or
occupied by another person.
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No
equivalent provision.
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SECTION 47. Section 796.002,
Health and Safety Code, is amended to read as follows:
Sec. 796.002. REQUIREMENTS
FOR SALE OF CIGARETTE OR VAPOR PRODUCT. A cigarette or vapor
product may not be sold or offered for sale in this state unless:
(1) the cigarette or vapor
product has been tested in accordance with Section 796.003,
796.0035, or 796.004, as applicable;
(2) the cigarette meets the
performance standard under Section 796.003;
(3) a written certification
has been filed by the manufacturer with the state fire marshal in
accordance with Section 796.005; and
(4) the cigarette or vapor
product has been marked in accordance with Section 796.006.
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No
equivalent provision.
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SECTION 48. The heading to
Section 796.003, Health and Safety Code, is amended to read as follows:
Sec. 796.003. CIGARETTE
TESTING.
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No
equivalent provision.
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SECTION 49. Chapter 796,
Health and Safety Code, is amended by adding Section 796.0035 to read as
follows:
Sec. 796.0035. VAPOR
PRODUCT TESTING. (a) The state fire marshal by rule shall adopt a test
method for testing the fire safety of a vapor product in accordance with
applicable state and federal standards.
(b) Except as provided by
Section 796.004, a manufacturer of vapor products shall ensure that tests
on vapor products are conducted in accordance with the test method adopted
by the state fire marshal under this section.
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No
equivalent provision.
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SECTION 50. Section 796.004,
Health and Safety Code, is amended to read as follows:
Sec. 796.004. ALTERNATIVE
TEST METHODS. (a) A manufacturer of a cigarette or vapor product
that the state fire marshal determines cannot be tested in accordance with
Section 796.003 or 796.0035, as applicable, shall propose a test
method and performance standard for the cigarette or vapor product
to the state fire marshal. If the state fire marshal determines that the
performance standard proposed by the manufacturer is equivalent to the
performance standard under Section 796.003 or 796.0035, as applicable,
the manufacturer may use the proposed test method.
(b) Unless the state fire
marshal demonstrates a reasonable basis why an alternative test should not
be accepted under this chapter, the state fire marshal shall authorize a
manufacturer to employ the alternative test method and performance standard
to certify a cigarette or vapor product for sale in this state if
the state fire marshal:
(1) determines that another
state has enacted reduced cigarette or vapor product ignition
propensity standards that include a test method and performance standard
that are the same as those contained in this chapter; and
(2) finds that the officials
responsible for implementing those requirements have approved an
alternative test method and performance standard for a particular cigarette
or vapor product proposed by a manufacturer as meeting the fire
safety standards of that state's law or regulation under a legal provision
comparable to this section.
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No
equivalent provision.
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SECTION 51. Sections
796.005(a), (d), (e), and (f), Health and Safety Code, are amended to read
as follows:
(a) Before a cigarette or
vapor product may be sold or offered for sale in this state, the
cigarette's or vapor product's manufacturer must certify in writing
to the state fire marshal that the cigarette or vapor product has
been tested in accordance with and meets the performance standard in
Section 796.003, 796.0035, or 796.004, as applicable.
(d) A cigarette or vapor
product certified under this section shall be recertified every three
years.
(e) For each cigarette or
vapor product included in a certification, a manufacturer shall pay to
the state fire marshal a fee in the amount of $250, to be deposited only to
the Texas Department of Insurance operating account in the general revenue
fund.
(f) A cigarette or vapor
product certified under this section that is altered by the
manufacturer in a way likely to alter its compliance with the reduced
cigarette or vapor product ignition propensity standards required by
this chapter may not be sold or offered for sale in this state unless the
manufacturer retests the cigarette or vapor product in accordance
with Section 796.003, 796.0035, or 796.004, as applicable,
and maintains the records required by Section 796.007.
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No
equivalent provision.
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SECTION 52. Sections
796.006(a) and (e), Health and Safety Code, are amended to read as follows:
(a) A manufacturer shall
mark, in eight-point or larger type, cigarettes or vapor products
certified by the manufacturer in accordance with Section 796.005 to
indicate compliance with the requirements of Section 796.003 or
796.0035, as applicable. The marking must consist of:
(1) modification of the
product Universal Product Code to include a visible mark printed at or around
the area of the Universal Product Code and permanently stamped, engraved,
embossed, or printed in conjunction with the Universal Product Code;
(2) a visible combination of
alphanumeric or symbolic characters permanently stamped, engraved, or
embossed upon the cigarette package or cellophane wrap; or
(3) other printed, stamped,
engraved, or embossed text that indicates that the cigarettes or vapor
products meet the standards of this chapter.
(e) A manufacturer shall
provide sufficient copies of an illustration of the package marking to a
wholesale dealer and agent to which the manufacturer sells cigarettes or
vapor products and provide sufficient copies of an illustration of the
package marking used by the manufacturer under this section for each retailer
to which the wholesale dealers or agents will sell cigarettes or vapor
products. A wholesale dealer and an agent shall provide a copy of
package markings received from a manufacturer to a retail dealer to which
the wholesale dealer or agent sells cigarettes or vapor products. A
wholesale dealer, agent, and retail dealer shall permit the state fire
marshal, the comptroller, and the attorney general to inspect markings of
cigarette or vapor product packaging marked in accordance with this
section.
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No
equivalent provision.
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SECTION 53. Section
796.007(a), Health and Safety Code, is amended to read as follows:
(a) A manufacturer shall
maintain copies of the reports of all tests conducted on all cigarettes or
vapor products offered for sale for the previous three years and shall
make copies of the reports available to the state fire marshal on the state
fire marshal's written request.
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No
equivalent provision.
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SECTION 54. Section 796.009,
Health and Safety Code, is amended to read as follows:
Sec. 796.009. INSPECTION.
(a) The state fire marshal may inspect the records and the stock of
cigarettes or vapor products of a person who manufactures, stores,
or sells cigarettes or vapor products to establish whether the
person is complying with this chapter.
(b) The comptroller may, in
the course of an inspection under Chapter 154, Tax Code, inspect cigarettes
or vapor products for a marking required under Section 796.006 and
report the comptroller's findings to the state fire marshal.
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No
equivalent provision.
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SECTION 55. Section
796.010(a), Health and Safety Code, is amended to read as follows:
(a) A person who knowingly
violates this chapter or a rule adopted under this chapter is subject to a
civil penalty in the following amounts:
(1) if the person is a
manufacturer, wholesale dealer, or agent knowingly selling or offering to
sell a cigarette or vapor product in violation of this chapter, a
civil penalty not to exceed $100 for each vapor product or pack of
cigarettes sold or offered for sale, but not more than $100,000 for all
violations occurring within a 30-day period;
(2) if the person is a
retailer knowingly selling or offering to sell a cigarette or vapor
product in violation of this chapter, a civil penalty not to exceed
$100 for each vapor product or pack of cigarettes sold or offered
for sale, but not more than $25,000 for all violations occurring within a
30-day period;
(3) if the person knowingly
makes a false certification under Section 796.005, a civil penalty not to
exceed $75,000 for a first violation or $250,000 for a second or subsequent
violation; and
(4) if the person violates
another provision of this chapter, other than Section 796.007(b), or
another rule adopted under this chapter, a civil penalty not to exceed
$1,000 for a first violation or $5,000 for a second or subsequent
violation.
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No
equivalent provision.
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SECTION 56. Section 796.012,
Health and Safety Code, is amended to read as follows:
Sec. 796.012. SALE OUTSIDE
OF TEXAS. This chapter does not prohibit a person from manufacturing or
selling cigarettes or vapor products that do not meet the
requirements of this chapter if:
(1) the cigarettes or vapor
products are or will be stamped for sale in another state or are
packaged for sale outside the United States; and
(2) the person has taken
reasonable steps to ensure that the cigarettes or vapor products
will not be sold or offered for sale in this state.
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No
equivalent provision.
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SECTION 57. Section 796.013,
Health and Safety Code, is amended to read as follows:
Sec. 796.013.
INTERPRETATION. This chapter shall be so interpreted and construed as to
effectuate its general purpose to make uniform this chapter with the laws
of those states that have enacted reduced cigarette or vapor product
ignition propensity laws.
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No
equivalent provision.
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SECTION 58. Section 796.014,
Health and Safety Code, is amended to read as follows:
Sec. 796.014. CONSUMER
TESTING. This chapter does not prohibit the sale of a cigarette or vapor
product solely for the purpose of the cigarette's or vapor product's
assessment conducted by a manufacturer, or under the control and direction
of a manufacturer, to evaluate consumer acceptance of the cigarette or vapor
product by using only the quantity of cigarettes or vapor products
that is reasonably necessary for the assessment.
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No
equivalent provision.
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SECTION 59. Section 796.016,
Health and Safety Code, is amended to read as follows:
Sec. 796.016. FEDERAL
REGULATION. On and after the date that a federal reduced cigarette or vapor
product ignition propensity standard that preempts this chapter is
adopted and becomes effective, the applicable part of this chapter
has no effect.
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No
equivalent provision.
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SECTION 60. Section
28.004(k), Education Code, is amended to read as follows:
(k) A school district shall
publish in the student handbook and post on the district's Internet
website, if the district has an Internet website:
(1) a statement of the
policies adopted to ensure that elementary school, middle school, and
junior high school students engage in at least the amount and level of
physical activity required by Section 28.002(l);
(2) a statement of:
(A) the number of times
during the preceding year the district's school health advisory council has
met;
(B) whether the district has
adopted and enforces policies to ensure that district campuses comply with
agency vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has
adopted and enforces policies and procedures that prescribe penalties for
the use of vapor products, as
defined by Section 38.006, and tobacco products by students and others
on school campuses or at school-sponsored or school-related activities; and
(3) a statement providing
notice to parents that they can request in writing their child's physical
fitness assessment results at the end of the school year.
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SECTION 37. Section
28.004(k), Education Code, is amended to read as follows:
(k) A school district shall
publish in the student handbook and post on the district's Internet
website, if the district has an Internet website:
(1) a statement of the
policies adopted to ensure that elementary school, middle school, and
junior high school students engage in at least the amount and level of
physical activity required by Section 28.002(l);
(2) a statement of:
(A) the number of times
during the preceding year the district's school health advisory council has
met;
(B) whether the district has
adopted and enforces policies to ensure that district campuses comply with
agency vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has
adopted and enforces policies and procedures that prescribe penalties for
the use of e-cigarettes, as defined
by Section 38.006, and tobacco products by students and others on
school campuses or at school-sponsored or school-related activities; and
(3) a statement providing
notice to parents that they can request in writing their child's physical
fitness assessment results at the end of the school year.
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SECTION 61. Section 38.006,
Education Code, is amended to read as follows:
Sec. 38.006. VAPOR
PRODUCTS AND TOBACCO PRODUCTS ON SCHOOL PROPERTY. (a) In
this section, "vapor product"
has the meaning assigned by Section 161.081, Health and Safety Code.
(b) The board of
trustees of a school district shall:
(1) prohibit smoking or
using vapor products or
tobacco products at a school-related or school-sanctioned activity on or
off school property;
(2) prohibit students from
possessing vapor products or
tobacco products at a school-related or school-sanctioned activity on or
off school property; and
(3) ensure that school
personnel enforce the policies on school property.
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SECTION 38. Section 38.006,
Education Code, is amended to read as follows:
Sec. 38.006. E-CIGARETTES
AND TOBACCO PRODUCTS ON SCHOOL PROPERTY. (a) In this
section, "e-cigarette" has
the meaning assigned by Section 161.081, Health and Safety Code.
(b) The board of
trustees of a school district shall:
(1) prohibit smoking or
using e-cigarettes or tobacco
products at a school-related or school-sanctioned activity on or off school
property;
(2) prohibit students from
possessing e-cigarettes or
tobacco products at a school-related or school-sanctioned activity on or
off school property; and
(3) ensure that school
personnel enforce the policies on school property.
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SECTION 62. Section 48.01,
Penal Code, is amended by amending Subsections (a), (c), (d), and (e) and
adding Subsection (a-1) to read as follows:
(a) In this section,
"vapor product" has the
meaning assigned by Section 161.081, Health and Safety Code.
(a-1) A person
commits an offense if the person [he] is in possession of a
burning tobacco product, [or] smokes tobacco, or operates
a vapor product in a facility of
a public primary or secondary school or an elevator, enclosed theater or
movie house, library, museum, hospital, transit system bus, [or]
intrastate bus, [as defined by Section 541.201, Transportation Code,]
plane, or train which is a public place.
(c) All conveyances and
public places set out in Subsection (a-1) [(a) of Section 48.01]
shall be equipped with facilities for extinguishment of smoking materials
and it shall be a defense to prosecution under this section if the
conveyance or public place within which the offense takes place is not so
equipped.
(d) It is an exception to
the application of Subsection (a-1) [(a)] if the person is in
possession of the burning tobacco product, [or] smokes
tobacco, or operates the vapor product
exclusively within an area designated for smoking tobacco or inhaling from a vapor product or as a
participant in an authorized theatrical performance.
(e) An area designated for
smoking tobacco or inhaling from a vapor
product on a transit system bus or intrastate plane or train
must also include the area occupied by the operator of the transit system
bus, plane, or train.
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SECTION 39. Section 48.01,
Penal Code, is amended by amending Subsections (a), (c), (d), and (e) and
adding Subsection (a-1) to read as follows:
(a) In this section,
"e-cigarette" has the
meaning assigned by Section 161.081, Health and Safety Code.
(a-1) A person
commits an offense if the person [he] is in possession of a
burning tobacco product, [or] smokes tobacco, or operates
an e-cigarette in a facility of
a public primary or secondary school or an elevator, enclosed theater or
movie house, library, museum, hospital, transit system bus, [or]
intrastate bus, [as defined by Section 541.201, Transportation Code,]
plane, or train which is a public place.
(c) All conveyances and
public places set out in Subsection (a-1) [(a) of Section 48.01]
shall be equipped with facilities for extinguishment of smoking materials
and it shall be a defense to prosecution under this section if the
conveyance or public place within which the offense takes place is not so
equipped.
(d) It is an exception to
the application of Subsection (a-1) [(a)] if the person is in
possession of the burning tobacco product, [or] smokes
tobacco, or operates the e-cigarette
exclusively within an area designated for smoking tobacco or operating an e-cigarette or as a
participant in an authorized theatrical performance.
(e) An area designated for
smoking tobacco or operating an e-cigarette
on a transit system bus or intrastate plane or train must also include the
area occupied by the operator of the transit system bus, plane, or train.
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SECTION 63. Sections
161.082(a) and 161.252(a), Health and Safety Code, as amended by this Act,
and Section 48.01, Penal Code, as amended by this Act, apply only to an
offense committed on or after October 1, 2015. An offense committed before
that date 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. For
purposes of this section, an offense was committed before October 1, 2015,
if any element of the offense occurred before that date.
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SECTION 40. Same as
introduced version.
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SECTION 64. (a) The
comptroller shall develop the sign described by Section 161.084, Health and
Safety Code, as amended by this Act, and make the sign available to the
public not later than September 15, 2015.
(b) This section takes
effect September 1, 2015.
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SECTION 41. Same as
introduced version.
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SECTION 65. Except as
otherwise provided by this Act, this Act takes effect October 1, 2015.
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SECTION 42. Same as
introduced version.
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