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