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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the sale, distribution, possession, use, |
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and advertising of e-cigarettes; creating offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter H, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO |
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PRODUCTS |
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SECTION 2. Section 161.081, Health and Safety Code, is |
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amended by adding Subdivision (1-a) and amending Subdivisions (3) |
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and (4) to read as follows: |
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(1-a) "E-cigarette" means an electronic cigarette or |
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any other device that simulates smoking by using a mechanical |
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heating element, battery, or electronic circuit to deliver nicotine |
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or other substances to the individual inhaling from the device. The |
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term does not include a prescription medical device unrelated to |
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the cessation of smoking. The term includes: |
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(A) a device described by this subdivision |
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regardless of whether the device is manufactured, distributed, or |
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sold as an e-cigarette, e-cigar, or e-pipe or under another product |
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name or description; and |
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(B) a component, part, or accessory of the |
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device, regardless of whether the component, part, or accessory is |
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sold separately from the device. |
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(3) "Retail sale" means a transfer of possession from |
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a retailer to a consumer in connection with a purchase, sale, or |
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exchange for value of cigarettes, e-cigarettes, or tobacco |
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products. |
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(4) "Retailer" means a person who engages in the |
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practice of selling cigarettes, e-cigarettes, or tobacco products |
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to consumers and includes the owner of a coin-operated cigarette, |
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e-cigarette, or tobacco product vending machine. The term includes |
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a retailer as that term is defined [has the meaning assigned] by |
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Section 154.001 or 155.001, Tax Code, as applicable. |
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SECTION 3. The heading to Section 161.082, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.082. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO |
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PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF |
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OF AGE REQUIRED. |
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SECTION 4. Sections 161.082(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) A person commits an offense if the person, with criminal |
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negligence: |
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(1) sells, gives, or causes to be sold or given a |
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cigarette, e-cigarette, or tobacco product to someone who is |
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younger than 18 years of age; or |
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(2) sells, gives, or causes to be sold or given a |
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cigarette, e-cigarette, or tobacco product to another person who |
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intends to deliver it to someone who is younger than 18 years of |
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age. |
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(b) If an offense under this section occurs in connection |
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with a sale by an employee of the owner of a store in which |
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cigarettes, e-cigarettes, or tobacco products are sold at retail, |
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the employee is criminally responsible for the offense and is |
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subject to prosecution. |
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(d) It is a defense to prosecution under Subsection (a)(1) |
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that the person to whom the cigarette, e-cigarette, or tobacco |
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product was sold or given presented to the defendant apparently |
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valid proof of identification. |
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SECTION 5. Section 161.0825(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) It is an affirmative defense to prosecution under |
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Section 161.082 that: |
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(1) a transaction scan device identified a license or |
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certificate as valid and the defendant accessed the information and |
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relied on the results in good faith; or |
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(2) if the defendant is the owner of a store in which |
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cigarettes, e-cigarettes, or tobacco products are sold at retail, |
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the offense under Section 161.082 occurs in connection with a sale |
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by an employee of the owner, and the owner had provided the employee |
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with: |
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(A) a transaction scan device in working |
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condition; and |
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(B) adequate training in the use of the |
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transaction scan device. |
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SECTION 6. The heading to Section 161.083, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.083. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO |
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PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE. |
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SECTION 7. Section 161.083, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsections (b) and |
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(c) to read as follows: |
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(a-1) A person may not sell, give, or cause to be sold or |
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given an e-cigarette to someone who is younger than 27 years of age |
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unless the person to whom the e-cigarette was sold or given presents |
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an apparently valid proof of identification. |
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(b) A retailer shall adequately supervise and train the |
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retailer's agents and employees to prevent a violation of |
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Subsections [Subsection] (a) and (a-1). |
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(c) A proof of identification described by Section |
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161.082(e) satisfies the requirements of Subsections [Subsection] |
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(a) and (a-1). |
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SECTION 8. Sections 161.084(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) Each person who sells cigarettes, e-cigarettes, or |
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tobacco products at retail or by vending machine shall post a sign |
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in a location that is conspicuous to all employees and customers and |
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that is close to the place at which the cigarettes, e-cigarettes, or |
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tobacco products may be purchased. |
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(b) The sign must include the statement: |
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PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO |
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PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE |
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OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A MINOR UNDER 18 |
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YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C |
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MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. |
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VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY |
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CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD |
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NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN |
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PREMATURE OR WITH LOW BIRTH WEIGHT. |
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(d) The comptroller on request shall provide the sign |
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without charge to any person who sells cigarettes, e-cigarettes, or |
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tobacco products. The comptroller may provide the sign without |
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charge to distributors of cigarettes, e-cigarettes, or tobacco |
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products or wholesale dealers of cigarettes, e-cigarettes, or |
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tobacco products in this state for distribution to persons who sell |
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cigarettes, e-cigarettes, or tobacco products. A distributor or |
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wholesale dealer may not charge for distributing a sign under this |
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subsection. |
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SECTION 9. Sections 161.085(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) Each retailer shall notify each individual employed by |
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that retailer who is to be engaged in retail sales of cigarettes, |
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e-cigarettes, or tobacco products that state law: |
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(1) prohibits the sale or distribution of cigarettes, |
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e-cigarettes, or tobacco products to any person who is younger than |
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18 years of age as provided by Section 161.082 and that a violation |
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of that section is a Class C misdemeanor; and |
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(2) requires each person who sells cigarettes, |
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e-cigarettes, or tobacco products at retail or by vending machine |
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to post a warning notice as provided by Section 161.084, requires |
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each employee to ensure that the appropriate sign is always |
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properly displayed while that employee is exercising the employee's |
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duties, and provides that a violation of Section 161.084 is a Class |
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C misdemeanor. |
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(b) The notice required by Subsection (a) must be provided |
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within 72 hours of the date an individual begins to engage in retail |
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sales of e-cigarettes or tobacco products. The individual shall |
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signify that the individual has received the notice required by |
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Subsection (a) by signing a form stating that the law has been fully |
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explained, that the individual understands the law, and that the |
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individual, as a condition of employment, agrees to comply with the |
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law. |
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SECTION 10. Section 161.086(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), a retailer or |
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other person may not: |
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(1) offer cigarettes, e-cigarettes, or tobacco |
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products for sale in a manner that permits a customer direct access |
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to the cigarettes, e-cigarettes, or tobacco products; or |
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(2) install or maintain a vending machine containing |
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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: |
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Sec. 161.087. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR |
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TOBACCO PRODUCTS. |
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SECTION 12. Sections 161.087(a) and (b), Health and Safety |
|
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Code, are amended to read as follows: |
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(a) A person may not distribute to persons younger than 18 |
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years of age: |
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(1) a free sample of a cigarette, e-cigarette, or |
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tobacco product; or |
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(2) a coupon or other item that the recipient may use |
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to receive a free or discounted cigarette, e-cigarette, or tobacco |
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product or a sample cigarette, e-cigarette, or tobacco product. |
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(b) Except as provided by Subsection (c), a person, |
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including a permit holder, may not accept or redeem, offer to accept |
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or redeem, or hire a person to accept or redeem a coupon or other |
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item that the recipient may use to receive a free or discounted |
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cigarette, e-cigarette, or tobacco product or a sample cigarette, |
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e-cigarette, or tobacco product if the recipient is younger than 18 |
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years of age. A coupon or other item that such a recipient may use |
|
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to receive a free or discounted cigarette, e-cigarette, or tobacco |
|
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product or a sample cigarette, e-cigarette, or tobacco product may |
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not be redeemable through mail or courier delivery. |
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SECTION 13. Sections 161.088(b) and (d), Health and Safety |
|
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Code, are amended to read as follows: |
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(b) The comptroller may make block grants to counties and |
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municipalities to be used by local law enforcement agencies to |
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enforce this subchapter in a manner that can reasonably be expected |
|
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to reduce the extent to which cigarettes, e-cigarettes, and tobacco |
|
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products are sold or distributed to persons who are younger than 18 |
|
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years of age. At least annually, random unannounced inspections |
|
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shall be conducted at various locations where cigarettes, |
|
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e-cigarettes, and tobacco products are sold or distributed to |
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ensure compliance with this subchapter. The comptroller shall |
|
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rely, to the fullest extent possible, on local law enforcement |
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agencies to enforce this subchapter. |
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(d) The use of a person younger than 18 years of age to act |
|
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as a minor decoy to test compliance with this subchapter shall be |
|
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conducted in a fashion that promotes fairness. A person may be |
|
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enlisted by the comptroller or a local law enforcement agency to act |
|
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as a minor decoy only if the following requirements are met: |
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(1) written parental consent is obtained for the use |
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of a person younger than 18 years of age to act as a minor decoy to |
|
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test compliance with this subchapter; |
|
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(2) at the time of the inspection, the minor decoy is |
|
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younger than 17 years of age; |
|
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(3) the minor decoy has an appearance that would cause |
|
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a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco |
|
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products to request identification and proof of age; |
|
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(4) the minor decoy carries either the minor's own |
|
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identification showing the minor's correct date of birth or carries |
|
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no identification, and a minor decoy who carries identification |
|
|
presents it on request to any seller of cigarettes, e-cigarettes, |
|
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or tobacco products; and |
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(5) the minor decoy answers truthfully any questions |
|
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about the minor's age. |
|
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SECTION 14. Section 161.089, Health and Safety Code, is |
|
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amended to read as follows: |
|
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Sec. 161.089. PREEMPTION OF LOCAL LAW. This subchapter |
|
|
does not preempt a local regulation of the sale, distribution, or |
|
|
use of cigarettes, e-cigarettes, or tobacco products or affect the |
|
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authority of a political subdivision to adopt or enforce an |
|
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ordinance or requirement relating to the sale, distribution, or use |
|
|
of cigarettes, e-cigarettes, 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 |
|
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(2) relates to an issue that is not specifically |
|
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addressed by this subchapter or Chapter 154 or 155, Tax Code. |
|
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SECTION 15. Section 161.0901, Health and Safety Code, is |
|
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amended to read as follows: |
|
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Sec. 161.0901. DEPARTMENT REPORT [OF OFFICE OF SMOKING AND
|
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HEALTH]. (a) Not later than January 5th of each odd-numbered year |
|
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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 |
|
|
e-cigarettes, tobacco, and tobacco products in this state. |
|
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(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 e-cigarette and tobacco sales, including: |
|
|
(A) sales to minors; |
|
|
(B) enforcement actions concerning minors; and |
|
|
(C) sources of citations; |
|
|
(3) e-cigarette and tobacco controls and initiatives |
|
|
by the [Office of Smoking and Health of the] department, or any |
|
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other state agency, including an evaluation of the effectiveness of |
|
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the controls and initiatives; |
|
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(4) the future goals and plans of the [Office of
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Smoking and Health of the] department to decrease the use of |
|
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e-cigarettes, tobacco, and tobacco products; |
|
|
(5) the educational programs of the [Office of Smoking
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and Health of the] department and the effectiveness of those |
|
|
programs; and |
|
|
(6) the incidence of use of e-cigarettes, tobacco, and |
|
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tobacco products by regions in this state, including use of |
|
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cigarettes, e-cigarettes, 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, E-CIGARETTE, 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) "E-cigarette" 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, e-cigarettes, 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, e-cigarettes, or |
|
|
tobacco products and an institution listed in Subsection (a) is |
|
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from the nearest property line of the institution to a point on a |
|
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street or highway closest to the sign, along street lines and in |
|
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direct lines across intersections. |
|
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SECTION 19. 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 |
|
|
SECTION 20. 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. |
|
|
SECTION 21. 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 |
|
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PROHIBITED. |
|
|
SECTION 22. 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. |
|
|
SECTION 23. 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. |
|
|
SECTION 24. 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. |
|
|
SECTION 25. 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. |
|
|
SECTION 26. 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. |
|
|
SECTION 27. 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 |
|
|
SECTION 28. 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. |
|
|
SECTION 29. 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 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. |
|
|
SECTION 30. 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. |
|
|
SECTION 31. The heading to Subchapter R, Chapter 161, |
|
|
Health and Safety Code, is amended to read as follows: |
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SUBCHAPTER R. DELIVERY SALES OF CIGARETTES AND E-CIGARETTES |
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SECTION 32. Section 161.451, Health and Safety Code, is |
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amended by amending Subdivisions (1) and (3) and adding Subdivision |
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(2-a) to read as follows: |
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(1) "Delivery sale" means a sale of cigarettes or |
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e-cigarettes to a consumer in this state in which the purchaser |
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submits the order for the sale by means of a telephonic or other |
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method of voice transmission, by using the mails or any other |
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delivery service, or through the Internet or another on-line |
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service, or the cigarettes or e-cigarettes are delivered by use of |
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the mails or another delivery service. A sale of cigarettes or |
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e-cigarettes is a delivery sale regardless of whether the seller is |
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located within or without this state. A sale of cigarettes or |
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e-cigarettes not for personal consumption to a person who is a |
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wholesale dealer or a retail dealer is not a delivery sale. |
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(2-a) "E-cigarette" has the meaning assigned by |
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Section 161.081. |
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(3) "Shipping container" means a container in which |
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cigarettes or e-cigarettes are shipped in connection with a |
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delivery sale. |
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SECTION 33. Section 161.452, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.452. REQUIREMENTS FOR DELIVERY SALES. (a) A |
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person may not make a delivery sale of cigarettes or e-cigarettes to |
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an individual who is under the age prescribed by Section 161.082. |
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(b) A person taking a delivery sale order shall comply with: |
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(1) the age verification requirements prescribed by |
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Section 161.453; |
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(2) the disclosure requirements prescribed by Section |
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161.454; |
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(3) the shipping requirements prescribed by Section |
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161.455; |
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(4) the registration and reporting requirements |
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prescribed by Section 161.456, if applicable; |
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(5) the tax collection requirements prescribed by |
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Section 161.457, if applicable; and |
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(6) each law of this state that generally applies to |
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sales of cigarettes or e-cigarettes that occur entirely within this |
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state, if applicable, including a law: |
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(A) imposing a tax; or |
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(B) prescribing a permitting or tax-stamping |
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requirement. |
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SECTION 34. Section 161.453(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person may not mail or ship cigarettes or e-cigarettes |
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in connection with a delivery sale order unless before mailing or |
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shipping the cigarettes or e-cigarettes the person accepting the |
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delivery sale order first: |
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(1) obtains from the prospective customer a |
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certification that includes: |
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(A) reliable confirmation that the purchaser is |
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at least 18 years of age; and |
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(B) a statement signed by the prospective |
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purchaser in writing and under penalty of law: |
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(i) certifying the prospective purchaser's |
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address and date of birth; |
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(ii) confirming that the prospective |
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purchaser understands that signing another person's name to the |
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certification is illegal, that sales of cigarettes or e-cigarettes |
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to an individual under the age prescribed by Section 161.082 are |
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illegal under state law, and that the purchase of cigarettes or |
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e-cigarettes by an individual under that age is illegal under state |
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law; and |
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(iii) confirming that the prospective |
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purchaser wants to receive mailings from an e-cigarette or [a] |
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tobacco company; |
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(2) makes a good faith effort to verify the |
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information contained in the certification provided by the |
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prospective purchaser under Subdivision (1) against a commercially |
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available database or obtains a photocopy or other image of a |
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government-issued identification bearing a photograph of the |
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prospective purchaser and stating the date of birth or age of the |
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prospective purchaser; |
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(3) sends to the prospective purchaser, by e-mail or |
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other means, a notice that complies with Section 161.454; and |
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(4) for an order made over the Internet or as a result |
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of an advertisement, receives payment for the delivery sale from |
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the prospective purchaser by a credit or debit card that has been |
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issued in the purchaser's name or by check. |
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SECTION 35. Section 161.454, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.454. DISCLOSURE REQUIREMENTS. The notice required |
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by Section 161.453(a)(3) must include a prominent and clearly |
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legible statement that: |
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(1) cigarette and e-cigarette sales to individuals who |
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are below the age prescribed by Section 161.082 are illegal under |
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state law; |
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(2) sales of cigarettes and e-cigarettes are |
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restricted to those individuals who provide verifiable proof of age |
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in accordance with Section 161.453; and |
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(3) cigarette sales are taxable under Chapter 154, Tax |
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Code, and an explanation of how that tax has been or is to be paid |
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with respect to the delivery sale. |
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SECTION 36. Section 161.455, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.455. SHIPPING REQUIREMENTS. (a) A person who |
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mails or ships cigarettes or e-cigarettes in connection with a |
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delivery sale order shall: |
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(1) include as part of the shipping documents a clear |
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and conspicuous statement: "CIGARETTES AND E-CIGARETTES: TEXAS |
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LAW PROHIBITS SHIPPING TO INDIVIDUALS UNDER 18 YEARS OF AGE AND |
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REQUIRES THE PAYMENT OF ALL APPLICABLE TAXES"; |
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(2) use a method of mailing or shipping that obligates |
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the delivery service to require: |
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(A) the purchaser placing the delivery sale |
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order, or an adult who is at least 18 years of age and who resides at |
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the purchaser's address, to sign to accept delivery of the shipping |
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container; and |
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(B) the person signing to accept delivery of the |
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shipping container to provide proof, in the form of a |
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government-issued identification bearing a photograph that the |
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person is: |
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(i) the addressee or an adult who is at |
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least 18 years of age and who resides at the purchaser's address; |
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and |
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(ii) at least 18 years of age if the person |
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appears to be younger than 27 years of age; and |
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(3) provide to the delivery service retained to make |
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the delivery evidence of full compliance with Section 161.457. |
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(b) A person taking a delivery sale order who delivers the |
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cigarettes or e-cigarettes without using a third-party delivery |
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service shall comply with the requirements prescribed by this |
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subchapter that apply to a delivery service. |
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SECTION 37. Section 48.01, Penal Code, is amended by |
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amending Subsections (a), (c), (d), and (e) and adding Subsection |
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(a-1) to read as follows: |
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(a) In this section, "e-cigarette" has the meaning assigned |
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by Section 161.081, Health and Safety Code. |
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(a-1) A person commits an offense if the person [he] is in |
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possession of a burning tobacco product, [or] smokes tobacco, or |
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operates an e-cigarette in a facility of a public primary or |
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secondary school or an elevator, enclosed theater or movie house, |
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library, museum, hospital, transit system bus, [or] intrastate bus, |
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[as defined by Section 541.201, Transportation Code,] plane, or |
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train which is a public place. |
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(c) All conveyances and public places set out in Subsection |
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(a-1) [(a) of Section 48.01] shall be equipped with facilities for |
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extinguishment of smoking materials and it shall be a defense to |
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prosecution under this section if the conveyance or public place |
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within which the offense takes place is not so equipped. |
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(d) It is an exception to the application of Subsection |
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(a-1) [(a)] if the person is in possession of the burning tobacco |
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product, [or] smokes tobacco, or operates the e-cigarette |
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exclusively within an area designated for smoking tobacco or |
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operating an e-cigarette or as a participant in an authorized |
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theatrical performance. |
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(e) An area designated for smoking tobacco or operating an |
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e-cigarette on a transit system bus or intrastate plane or train |
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must also include the area occupied by the operator of the transit |
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system bus, plane, or train. |
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SECTION 38. Sections 161.082(a) and 161.252(a), Health and |
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Safety Code, as amended by this Act, and Section 48.01, Penal Code, |
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as amended by this Act, apply only to an offense committed on or |
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after October 1, 2015. An offense committed before that date 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 October |
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1, 2015, if any element of the offense occurred before that date. |
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SECTION 39. (a) The comptroller of public accounts shall |
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develop the sign described by Section 161.084, Health and Safety |
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Code, as amended by this Act, and make the sign available to the |
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public not later than September 15, 2015. |
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(b) This section takes effect September 1, 2015. |
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SECTION 40. Except as otherwise provided by this Act, this |
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Act takes effect October 1, 2015. |
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