| 1 | 1 | | 81R5956 JD-D |
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| 2 | 2 | | By: Hegar S.B. No. 2327 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on the possession or smoking of a burning |
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| 8 | 8 | | tobacco product in certain motor vehicles in which a person younger |
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| 9 | 9 | | than 16 is present; providing a penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 48, Penal Code, is amended by adding |
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| 12 | 12 | | Section 48.011 to read as follows: |
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| 13 | 13 | | Sec. 48.011. POSSESSION OR SMOKING OF TOBACCO IN MOTOR |
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| 14 | 14 | | VEHICLE If CHILD PRESENT. (a) In this section, "motor vehicle," |
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| 15 | 15 | | "moped," and "motorcycle" have the meanings assigned by Section |
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| 16 | 16 | | 502.001, Transportation Code. |
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| 17 | 17 | | (b) A person who is 18 years of age or older commits an |
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| 18 | 18 | | offense if: |
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| 19 | 19 | | (1) the person: |
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| 20 | 20 | | (A) is an occupant of a motor vehicle other than a |
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| 21 | 21 | | moped or motorcycle; and |
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| 22 | 22 | | (B) possesses or smokes a burning tobacco |
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| 23 | 23 | | product; and |
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| 24 | 24 | | (2) a person who is younger than 16 years of age is |
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| 25 | 25 | | present in the vehicle. |
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| 26 | 26 | | (c) A peace officer may not stop or detain a person who is |
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| 27 | 27 | | the operator or an occupant of a motor vehicle for the sole purpose |
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| 28 | 28 | | of determining whether an offense under this section is being or has |
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| 29 | 29 | | been committed. |
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| 30 | 30 | | (d) An offense under this section is a misdemeanor |
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| 31 | 31 | | punishable by a fine of $50. |
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| 32 | 32 | | SECTION 2. (a) An offense under Section 48.011, Penal Code, |
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| 33 | 33 | | as added by this Act may be prosecuted only if the offense occurs on |
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| 34 | 34 | | or after September 1, 2010. |
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| 35 | 35 | | (b) For conduct constituting an offense under Section |
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| 36 | 36 | | 48.011, Penal Code, as added by this Act, before September 1, 2010, |
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| 37 | 37 | | a peace officer: |
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| 38 | 38 | | (1) may not arrest or issue a citation or notice to |
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| 39 | 39 | | appear to a person; and |
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| 40 | 40 | | (2) may only issue to the person a written warning to |
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| 41 | 41 | | comply with that section. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2009. |
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