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  84R309 SCL-D
 
  By: Guillen H.B. No. 81
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulation of the sale, distribution, possession, use,
  and advertising of nicotine products and cigarettes; authorizing a
  fee; creating offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter H, Chapter 161, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER H.  DISTRIBUTION OF CIGARETTES, NICOTINE PRODUCTS, OR
  TOBACCO PRODUCTS
         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)  "Nicotine product" means a product that delivers
  to an individual nicotine by inhalation, with or without
  combustion, and that is not a cigarette or a tobacco product. The
  term includes:
                     (A)  an electronic cigarette or any other device
  that uses a mechanical heating element, battery, or electronic
  circuit to deliver 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).
               (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, nicotine products, or tobacco
  products.
               (4)  "Retailer" means a person who engages in the
  practice of selling cigarettes, nicotine products, or tobacco
  products to consumers and includes the owner of a coin-operated
  cigarette, nicotine 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.
         SECTION 3.  The heading to Section 161.082, Health and
  Safety Code, is amended to read as follows:
         Sec. 161.082.  SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
  TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE
  PROHIBITED; PROOF OF AGE REQUIRED.
         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, nicotine 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, nicotine 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, nicotine 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, nicotine product, or tobacco
  product was sold or given presented to the defendant apparently
  valid proof of identification.
         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, nicotine 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.
         SECTION 6.  The heading to Section 161.083, Health and
  Safety Code, is amended to read as follows:
         Sec. 161.083.  SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
  TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE.
         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 nicotine product to someone who is younger than 27 years of
  age unless the person to whom the nicotine 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).
         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, nicotine 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, nicotine
  products, or tobacco products may be purchased.
         (b)  The sign must include the statement:
         PURCHASING OR ATTEMPTING TO PURCHASE NICOTINE PRODUCTS OR
  TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
  LAW.  SALE OR PROVISION OF NICOTINE 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, nicotine
  products, or tobacco products. The comptroller may provide the
  sign without charge to distributors of cigarettes, nicotine
  products, or tobacco products or wholesale dealers of cigarettes,
  nicotine products, or tobacco products in this state for
  distribution to persons who sell cigarettes, nicotine products, or
  tobacco products. A distributor or wholesale dealer may not charge
  for distributing a sign under this subsection.
         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,
  nicotine products, or tobacco products that state law:
               (1)  prohibits the sale or distribution of cigarettes,
  nicotine 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,
  nicotine 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 cigarettes, nicotine products, 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.
         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, nicotine products, or tobacco
  products for sale in a manner that permits a customer direct access
  to the cigarettes, nicotine products, or tobacco products; or
               (2)  install or maintain a vending machine containing
  cigarettes, nicotine products, or tobacco products.
         SECTION 11.  The heading to Section 161.087, Health and
  Safety Code, is amended to read as follows:
         Sec. 161.087.  DISTRIBUTION OF CIGARETTES, NICOTINE
  PRODUCTS, OR TOBACCO PRODUCTS.
         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, nicotine product, or
  tobacco product; or
               (2)  a coupon or other item that the recipient may use
  to receive a free or discounted cigarette, nicotine product, or
  tobacco product or a sample cigarette, nicotine 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, nicotine product, or tobacco product or a sample
  cigarette, nicotine 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,
  nicotine product, or tobacco product or a sample cigarette,
  nicotine product, or tobacco product may not be redeemable through
  mail or courier delivery.
         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, nicotine 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, nicotine 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, nicotine 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, nicotine
  products, or tobacco products; and
               (5)  the minor decoy answers truthfully any questions
  about the minor's age.
         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, nicotine 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, nicotine 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.
         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 nicotine
  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 nicotine product and tobacco sales, including:
                     (A)  sales to minors;
                     (B)  enforcement actions concerning minors; and
                     (C)  sources of citations;
               (3)  nicotine 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
  nicotine 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 nicotine products,
  tobacco, and tobacco products by regions in this state, including
  use of cigarettes, nicotine products, and tobacco products by
  ethnicity.
         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, NICOTINE PRODUCT,
  OR TOBACCO PRODUCT ADVERTISING; FEE
         SECTION 17.  Section 161.121, Health and Safety Code, is
  amended by adding Subdivision (2-a) to read as follows:
               (2-a)  "Nicotine product" has the meaning assigned by
  Section 161.081.
         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, nicotine 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, nicotine 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.
         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, nicotine products, and
  tobacco products in this state.
         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, nicotine products, and tobacco products,
  and the education advertising campaign and grant program
  established under Subchapter O[, Chapter 161].
         SECTION 21.  The heading to Subchapter N, Chapter 161,
  Health and Safety Code, is amended to read as follows:
  SUBCHAPTER N. NICOTINE AND TOBACCO USE BY MINORS
         SECTION 22.  Section 161.251, Health and Safety Code, is
  amended by amending Subdivision (2) and adding Subdivision (3) to
  read as follows:
               (2)  "Nicotine product" has the meaning assigned by
  Section 161.081.
               (3)  "Tobacco product" has the meaning assigned by
  Section 155.001, Tax Code.
         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, NICOTINE PRODUCTS, OR TOBACCO PRODUCTS BY
  MINORS PROHIBITED.
         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, nicotine 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,
  nicotine 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, nicotine 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 nicotine or tobacco product is required in the
  performance of the employee's duties as an employee.
         SECTION 25.  The heading to Section 161.253, Health and
  Safety Code, is amended to read as follows:
         Sec. 161.253.  NICOTINE AND TOBACCO AWARENESS PROGRAM;
  COMMUNITY SERVICE.
         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 nicotine and tobacco
  awareness program approved by the commissioner. The court may
  require the parent or guardian of the defendant to attend the
  nicotine and tobacco awareness program with the defendant.
         (b)  On request, a nicotine 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 nicotine and tobacco
  awareness program is not readily available, the court shall require
  the defendant to perform eight to 12 hours of nicotine- and
  tobacco-related community service instead of attending the
  nicotine and tobacco awareness program.
         (d)  The nicotine and tobacco awareness program and the
  nicotine- 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 nicotine and tobacco awareness
  program or the nicotine- and tobacco-related community service.
         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
  nicotine and tobacco awareness program or nicotine- 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.
         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
  nicotine and tobacco awareness program or perform nicotine- and
  tobacco-related community service; or
               (2)  order the suspension or denial of a driver's
  license or permit.
         SECTION 29.  The heading to Subchapter O, Chapter 161,
  Health and Safety Code, is amended to read as follows:
  SUBCHAPTER O.  PREVENTION OF NICOTINE AND TOBACCO USE BY MINORS
         SECTION 30.  The heading to Section 161.301, Health and
  Safety Code, is amended to read as follows:
         Sec. 161.301.  NICOTINE AND TOBACCO USE PUBLIC AWARENESS
  CAMPAIGN.
         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 nicotine and tobacco use by
  minors in this state. The campaign may use advertisements or
  similar media to provide educational information about nicotine and
  tobacco use.
         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 nicotine and tobacco use by the group's members.
         SECTION 33.  The heading to Subchapter R, Chapter 161,
  Health and Safety Code, is amended to read as follows:
  SUBCHAPTER R.  DELIVERY SALES OF CIGARETTES AND NICOTINE PRODUCTS
         SECTION 34.  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
  nicotine 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 nicotine products are delivered by
  use of the mails or another delivery service. A sale of cigarettes
  or nicotine products is a delivery sale regardless of whether the
  seller is located within or without this state. A sale of
  cigarettes or nicotine products not for personal consumption to a
  person who is a wholesale dealer or a retail dealer is not a
  delivery sale.
               (2-a)  "Nicotine product" has the meaning assigned by
  Section 161.081.
               (3)  "Shipping container" means a container in which
  cigarettes or nicotine products are shipped in connection with a
  delivery sale.
         SECTION 35.  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 nicotine
  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 nicotine 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.
         SECTION 36.  Section 161.453(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A person may not mail or ship cigarettes or nicotine
  products in connection with a delivery sale order unless before
  mailing or shipping the cigarettes or nicotine 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 nicotine
  products to an individual under the age prescribed by Section
  161.082 are illegal under state law, and that the purchase of
  cigarettes or nicotine 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 nicotine 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.
         SECTION 37.  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 nicotine product sales to
  individuals who are below the age prescribed by Section 161.082 are
  illegal under state law;
               (2)  sales of cigarettes and nicotine 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.
         SECTION 38.  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 nicotine products in connection with a
  delivery sale order shall:
               (1)  include as part of the shipping documents a clear
  and conspicuous statement: "CIGARETTES AND NICOTINE 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 nicotine products without using a third-party
  delivery service shall comply with the requirements prescribed by
  this subchapter that apply to a delivery service.
         SECTION 39.  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 nicotine
  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
  nicotine 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 nicotine
  products that were sold; and
               (3)  the quantity of cigarettes or nicotine 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.
         SECTION 40.  Section 161.461(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Cigarettes or nicotine 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.
         SECTION 41.  Section 38.006, Education Code, is amended to
  read as follows:
         Sec. 38.006.  NICOTINE PRODUCTS AND TOBACCO PRODUCTS ON
  SCHOOL PROPERTY. (a) In this section, "nicotine 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 nicotine products or
  tobacco products at a school-related or school-sanctioned activity
  on or off school property;
               (2)  prohibit students from possessing nicotine
  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.
         SECTION 42.  (a) The change in law made by this Act applies
  only to the sale or distribution of nicotine products occurring on
  or after October 1, 2015. The sale or distribution of nicotine
  products occurring before October 1, 2015, is governed by the law in
  effect immediately before that date, and that law is continued in
  effect for that purpose.
         (b)  Sections 161.082(a) and 161.252(a), Health and Safety
  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 subsection, an offense was committed before
  October 1, 2015, if any element of the offense occurred before that
  date.
         SECTION 43.  (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.
         SECTION 44.  Except as otherwise provided by this Act, this
  Act takes effect October 1, 2015.