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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an offense for smoking tobacco in a |
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passenger vehicle with a child present. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 48, Penal Code, is amended by adding |
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Section 48.012 to read as follows: |
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Sec. 48.012. SMOKING TOBACCO IN A PASSENGER VEHICLE WITH A |
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CHILD PRESENT. (a) A person commits an offense if: |
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(1) the person possesses a burning tobacco product or |
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smokes tobacco in a passenger vehicle, as defined by Section |
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545.412, Transportation Code; and |
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(2) a child who is required to be secured in a child |
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passenger safety seat system under Section 545.412, Transportation |
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Code, is present in the vehicle. |
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(b) An offense under this section is punishable as a Class C |
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misdemeanor. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |