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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited delivery sales of e-cigarettes. |
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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 R, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER R. DELIVERY SALES OF CIGARETTES AND PROHIBITED DELIVERY |
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SALES OF E-CIGARETTES |
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SECTION 2. Sections 161.451(1) and (3), Health and Safety |
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Code, are amended 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 |
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of 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 |
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is 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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(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 3. Section 161.452(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person may not make a delivery sale of cigarettes [or |
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e-cigarettes] to an individual who is under the age prescribed by |
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Section 161.082. |
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SECTION 4. Subchapter R, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.4521 to read as follows: |
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Sec. 161.4521. PROHIBITED DELIVERY SALES OF E-CIGARETTES. |
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A person may not: |
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(1) take an order for the delivery sale of |
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e-cigarettes to an individual in this state; or |
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(2) deliver through the mail or another delivery |
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service to an individual in this state e-cigarettes purchased |
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through a delivery sale. |
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SECTION 5. Sections 161.456(a), (b), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(a) A person may not make a delivery sale or ship cigarettes |
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[or e-cigarettes] in connection with a delivery sale unless the |
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person first files with the comptroller a statement that includes: |
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(1) the person's name and trade name; and |
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(2) the address of the person's principal place of |
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business and any other place of business, and the person's |
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telephone number and e-mail address. |
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(b) Except as provided by Subsection (d), not later than the |
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10th day of each month, each person who has made a delivery sale or |
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shipped or delivered cigarettes [or e-cigarettes] in connection |
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with a delivery sale during the previous month shall file with the |
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comptroller a memorandum or a copy of the invoice that provides for |
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each delivery sale: |
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(1) the name, address, telephone number, and e-mail |
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address of the individual to whom the delivery sale was made; |
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(2) the brand or brands of the cigarettes [or |
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e-cigarettes] that were sold; and |
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(3) the quantity of cigarettes [or e-cigarettes] that |
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were sold. |
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(e) A person required to submit a memorandum or a copy of an |
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invoice under Subsection (b) shall submit a memorandum or a copy of |
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an invoice to the comptroller for each delivery sale of a cigarette |
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[or e-cigarette] in the previous two years unless the person has |
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previously submitted the memorandum or copy to the comptroller. |
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SECTION 6. Section 161.461(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Cigarettes [or e-cigarettes] sold or that a person |
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attempted to sell in a delivery sale that does not comply with this |
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subchapter are forfeited to the state and shall be destroyed. |
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SECTION 7. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Section 161.452(c); |
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(2) Sections 161.453(c) and (d); and |
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(3) Section 161.454(b). |
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SECTION 8. The changes in law made by this Act to Subchapter |
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R, Chapter 161, Health and Safety Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 9. This Act takes effect September 1, 2023. |