Texas 2015 - 84th Regular

Texas House Bill HB170 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	84R20926 SCL-D
2	2	By: Alvarado, Collier, Guillen, Isaac, H.B. No. 170
3	3	Paddie
4	4	Substitute the following for H.B. No. 170:
5	5	By: Crownover C.S.H.B. No. 170
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to regulation of the sale, distribution, possession, use,
11	11	and advertising of e-cigarettes, cigarettes, and tobacco products;
12	12	creating criminal offenses.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subchapter H, Chapter 161, Health
15	15	and Safety Code, is amended to read as follows:
16	16	SUBCHAPTER H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO
17	17	PRODUCTS
18	18	SECTION 2. Section 161.081, Health and Safety Code, is
19	19	amended by adding Subdivision (1-a) and amending Subdivisions (3)
20	20	and (4) to read as follows:
21	21	(1-a) "E-cigarette" means an electronic cigarette or
22	22	any other device that simulates smoking by using a mechanical
23	23	heating element, battery, or electronic circuit to deliver nicotine
24	24	or other substances to the individual inhaling from the device. The
25	25	term does not include a prescription medical device unrelated to
26	26	the cessation of smoking. The term includes:
27	27	(A) a device described by this subdivision
28	28	regardless of whether the device is manufactured, distributed, or
29	29	sold as an e-cigarette, e-cigar, or e-pipe or under another product
30	30	name or description; and
31	31	(B) a component, part, or accessory for the
32	32	device, regardless of whether the component, part, or accessory is
33	33	sold separately from the device.
34	34	(3) "Retail sale" means a transfer of possession from
35	35	a retailer to a consumer in connection with a purchase, sale, or
36	36	exchange for value of cigarettes, e-cigarettes, or tobacco
37	37	products.
38	38	(4) "Retailer" means a person who engages in the
39	39	practice of selling cigarettes, e-cigarettes, or tobacco products
40	40	to consumers and includes the owner of a coin-operated cigarette,
41	41	e-cigarette, or tobacco product vending machine. The term includes
42	42	a retailer as that term is defined [has the meaning assigned] by
43	43	Section 154.001 or 155.001, Tax Code, as applicable.
44	44	SECTION 3. The heading to Section 161.082, Health and
45	45	Safety Code, is amended to read as follows:
46	46	Sec. 161.082. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO
47	47	PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF
48	48	OF AGE REQUIRED.
49	49	SECTION 4. Sections 161.082(a), (b), and (d), Health and
50	50	Safety Code, are amended to read as follows:
51	51	(a) A person commits an offense if the person, with criminal
52	52	negligence:
53	53	(1) sells, gives, or causes to be sold or given a
54	54	cigarette, e-cigarette, or tobacco product to someone who is
55	55	younger than 18 years of age; or
56	56	(2) sells, gives, or causes to be sold or given a
57	57	cigarette, e-cigarette, or tobacco product to another person who
58	58	intends to deliver it to someone who is younger than 18 years of
59	59	age.
60	60	(b) If an offense under this section occurs in connection
61	61	with a sale by an employee of the owner of a store in which
62	62	cigarettes, e-cigarettes, or tobacco products are sold at retail,
63	63	the employee is criminally responsible for the offense and is
64	64	subject to prosecution.
65	65	(d) It is a defense to prosecution under Subsection (a)(1)
66	66	that the person to whom the cigarette, e-cigarette, or tobacco
67	67	product was sold or given presented to the defendant apparently
68	68	valid proof of identification.
69	69	SECTION 5. Section 161.0825(e), Health and Safety Code, is
70	70	amended to read as follows:
71	71	(e) It is an affirmative defense to prosecution under
72	72	Section 161.082 that:
73	73	(1) a transaction scan device identified a license or
74	74	certificate as valid and the defendant accessed the information and
75	75	relied on the results in good faith; or
76	76	(2) if the defendant is the owner of a store in which
77	77	cigarettes, e-cigarettes, or tobacco products are sold at retail,
78	78	the offense under Section 161.082 occurs in connection with a sale
79	79	by an employee of the owner, and the owner had provided the employee
80	80	with:
81	81	(A) a transaction scan device in working
82	82	condition; and
83	83	(B) adequate training in the use of the
84	84	transaction scan device.
85	85	SECTION 6. The heading to Section 161.083, Health and
86	86	Safety Code, is amended to read as follows:
87	87	Sec. 161.083. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO
88	88	PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE.
89	89	SECTION 7. Section 161.083, Health and Safety Code, is
90	90	amended by adding Subsection (a-1) and amending Subsections (b) and
91	91	(c) to read as follows:
92	92	(a-1) A person may not sell, give, or cause to be sold or
93	93	given an e-cigarette to someone who is younger than 27 years of age
94	94	unless the person to whom the e-cigarette was sold or given presents
95	95	an apparently valid proof of identification.
96	96	(b) A retailer shall adequately supervise and train the
97	97	retailer's agents and employees to prevent a violation of
98	98	Subsections [Subsection] (a) and (a-1).
99	99	(c) A proof of identification described by Section
100	100	161.082(e) satisfies the requirements of Subsections [Subsection]
101	101	(a) and (a-1).
102	102	SECTION 8. Sections 161.084(a), (b), and (d), Health and
103	103	Safety Code, are amended to read as follows:
104	104	(a) Each person who sells cigarettes, e-cigarettes, or
105	105	tobacco products at retail or by vending machine shall post a sign
106	106	in a location that is conspicuous to all employees and customers and
107	107	that is close to the place at which the cigarettes, e-cigarettes, or
108	108	tobacco products may be purchased.
109	109	(b) The sign must include the statement:
110	110	PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO
111	111	PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
112	112	LAW. SALE OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A
113	113	MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION,
114	114	A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE
115	115	IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S
116	116	OFFICE BY CALLING (insert toll-free telephone number). PREGNANT
117	117	WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO
118	118	ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT.
119	119	(d) The comptroller on request shall provide the sign
120	120	without charge to any person who sells cigarettes, e-cigarettes, or
121	121	tobacco products. The comptroller may provide the sign without
122	122	charge to distributors of cigarettes, e-cigarettes, or tobacco
123	123	products or wholesale dealers of cigarettes, e-cigarettes, or
124	124	tobacco products in this state for distribution to persons who sell
125	125	cigarettes, e-cigarettes, or tobacco products. A distributor or
126	126	wholesale dealer may not charge for distributing a sign under this
127	127	subsection.
128	128	SECTION 9. Sections 161.085(a) and (b), Health and Safety
129	129	Code, are amended to read as follows:
130	130	(a) Each retailer shall notify each individual employed by
131	131	that retailer who is to be engaged in retail sales of cigarettes,
132	132	e-cigarettes, or tobacco products that state law:
133	133	(1) prohibits the sale or distribution of cigarettes,
134	134	e-cigarettes, or tobacco products to any person who is younger than
135	135	18 years of age as provided by Section 161.082 and that a violation
136	136	of that section is a Class C misdemeanor; and
137	137	(2) requires each person who sells cigarettes,
138	138	e-cigarettes, or tobacco products at retail or by vending machine
139	139	to post a warning notice as provided by Section 161.084, requires
140	140	each employee to ensure that the appropriate sign is always
141	141	properly displayed while that employee is exercising the employee's
142	142	duties, and provides that a violation of Section 161.084 is a Class
143	143	C misdemeanor.
144	144	(b) The notice required by Subsection (a) must be provided
145	145	within 72 hours of the date an individual begins to engage in retail
146	146	sales of e-cigarettes or tobacco products. The individual shall
147	147	signify that the individual has received the notice required by
148	148	Subsection (a) by signing a form stating that the law has been fully
149	149	explained, that the individual understands the law, and that the
150	150	individual, as a condition of employment, agrees to comply with the
151	151	law.
152	152	SECTION 10. Section 161.086(a), Health and Safety Code, is
153	153	amended to read as follows:
154	154	(a) Except as provided by Subsection (b), a retailer or
155	155	other person may not:
156	156	(1) offer cigarettes, e-cigarettes, or tobacco
157	157	products for sale in a manner that permits a customer direct access
158	158	to the cigarettes, e-cigarettes, or tobacco products; or
159	159	(2) install or maintain a vending machine containing
160	160	cigarettes, e-cigarettes, or tobacco products.
161	161	SECTION 11. The heading to Section 161.087, Health and
162	162	Safety Code, is amended to read as follows:
163	163	Sec. 161.087. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR
164	164	TOBACCO PRODUCTS.
165	165	SECTION 12. Sections 161.087(a) and (b), Health and Safety
166	166	Code, are amended to read as follows:
167	167	(a) A person may not distribute to persons younger than 18
168	168	years of age:
169	169	(1) a free sample of a cigarette, e-cigarette, or
170	170	tobacco product; or
171	171	(2) a coupon or other item that the recipient may use
172	172	to receive a free or discounted cigarette, e-cigarette, or tobacco
173	173	product or a sample cigarette, e-cigarette, or tobacco product.
174	174	(b) Except as provided by Subsection (c), a person,
175	175	including a permit holder, may not accept or redeem, offer to accept
176	176	or redeem, or hire a person to accept or redeem a coupon or other
177	177	item that the recipient may use to receive a free or discounted
178	178	cigarette, e-cigarette, or tobacco product or a sample cigarette,
179	179	e-cigarette, or tobacco product if the recipient is younger than 18
180	180	years of age. A coupon or other item that such a recipient may use
181	181	to receive a free or discounted cigarette, e-cigarette, or tobacco
182	182	product or a sample cigarette, e-cigarette, or tobacco product may
183	183	not be redeemable through mail or courier delivery.
184	184	SECTION 13. Subchapter H, Chapter 161, Health and Safety
185	185	Code, is amended by adding Section 161.0875 to read as follows:
186	186	Sec. 161.0875. SALE OF E-CIGARETTE NICOTINE CONTAINERS.
187	187	(a) A person may not sell or cause to be sold a container that
188	188	contains liquid with nicotine and that is an accessory for an
189	189	e-cigarette unless:
190	190	(1) the container satisfies the child-resistant
191	191	effectiveness standards under 16 C.F.R. Section 1700.15(b)(1) when
192	192	tested in accordance with the method described by 16 C.F.R. Section
193	193	1700.20; or
194	194	(2) the container is a cartridge that is prefilled and
195	195	sealed by the manufacturer and is not intended to be opened by a
196	196	consumer.
197	197	(b) If the federal government adopts standards for the
198	198	packaging of a container described by Subsection (a), a person who
199	199	complies with those standards is considered to be in compliance
200	200	with this section.
201	201	SECTION 14. Sections 161.088(b) and (d), Health and Safety
202	202	Code, are amended to read as follows:
203	203	(b) The comptroller may make block grants to counties and
204	204	municipalities to be used by local law enforcement agencies to
205	205	enforce this subchapter and Subchapter R in a manner that can
206	206	reasonably be expected to reduce the extent to which cigarettes,
207	207	e-cigarettes, and tobacco products are sold or distributed,
208	208	including by delivery sale, to persons who are younger than 18
209	209	years of age. At least annually, random unannounced inspections
210	210	shall be conducted at various locations where cigarettes,
211	211	e-cigarettes, and tobacco products are sold or distributed,
212	212	including by delivery sale, to ensure compliance with this
213	213	subchapter and Subchapter R. The comptroller shall rely, to the
214	214	fullest extent possible, on local law enforcement agencies to
215	215	enforce this subchapter and Subchapter R.
216	216	(d) The use of a person younger than 18 years of age to act
217	217	as a minor decoy to test compliance with this subchapter and
218	218	Subchapter R shall be conducted in a fashion that promotes
219	219	fairness. A person may be enlisted by the comptroller or a local
220	220	law enforcement agency to act as a minor decoy only if the following
221	221	requirements are met:
222	222	(1) written parental consent is obtained for the use
223	223	of a person younger than 18 years of age to act as a minor decoy to
224	224	test compliance with this subchapter and Subchapter R;
225	225	(2) at the time of the inspection, order, or delivery,
226	226	the minor decoy is younger than 17 years of age;
227	227	(3) the minor decoy has an appearance that would cause
228	228	a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco
229	229	products to request identification and proof of age;
230	230	(4) the minor decoy carries either the minor's own
231	231	identification showing the minor's correct date of birth or carries
232	232	no identification, and a minor decoy who carries identification
233	233	presents it on request to any seller of or any person who delivers
234	234	cigarettes, e-cigarettes, or tobacco products; and
235	235	(5) the minor decoy answers truthfully any questions
236	236	about the minor's age at the time of the inspection, order, or
237	237	delivery.
238	238	SECTION 15. Subchapter H, Chapter 161, Health and Safety
239	239	Code, is amended by adding Section 161.0902 to read as follows:
240	240	Sec. 161.0902. E-CIGARETTE REPORT. (a) Not later than
241	241	January 5th of each odd-numbered year, the department shall report
242	242	to the governor, lieutenant governor, and speaker of the house of
243	243	representatives on the status of the use of e-cigarettes in this
244	244	state.
245	245	(b) The report must include, at a minimum:
246	246	(1) a baseline of statistics and analysis regarding
247	247	retail compliance with this subchapter and Subchapter R;
248	248	(2) a baseline of statistics and analysis regarding
249	249	illegal e-cigarette sales, including:
250	250	(A) sales to minors;
251	251	(B) enforcement actions concerning minors; and
252	252	(C) sources of citations;
253	253	(3) e-cigarette controls and initiatives by the
254	254	department, or any other state agency, including an evaluation of
255	255	the effectiveness of the controls and initiatives;
256	256	(4) the future goals and plans of the department to
257	257	decrease the use of e-cigarettes;
258	258	(5) the educational programs of the department and the
259	259	effectiveness of those programs; and
260	260	(6) the incidence of use of e-cigarettes by regions in
261	261	this state, including use of e-cigarettes by ethnicity.
262	262	(c) The department may include the report required by this
263	263	section with a similar report for cigarettes or tobacco products
264	264	required by law.
265	265	SECTION 16. The heading to Subchapter N, Chapter 161,
266	266	Health and Safety Code, is amended to read as follows:
267	267	SUBCHAPTER N. E-CIGARETTE AND TOBACCO USE BY MINORS
268	268	SECTION 17. Section 161.251, Health and Safety Code, is
269	269	amended by adding Subdivision (1-a) to read as follows:
270	270	(1-a) "E-cigarette" has the meaning assigned by
271	271	Section 161.081.
272	272	SECTION 18. The heading to Section 161.252, Health and
273	273	Safety Code, is amended to read as follows:
274	274	Sec. 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR
275	275	RECEIPT OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY MINORS
276	276	PROHIBITED.
277	277	SECTION 19. Sections 161.252(a) and (b), Health and Safety
278	278	Code, are amended to read as follows:
279	279	(a) An individual who is younger than 18 years of age
280	280	commits an offense if the individual:
281	281	(1) possesses, purchases, consumes, or accepts a
282	282	cigarette, e-cigarette, or tobacco product; or
283	283	(2) falsely represents himself or herself to be 18
284	284	years of age or older by displaying proof of age that is false,
285	285	fraudulent, or not actually proof of the individual's own age in
286	286	order to obtain possession of, purchase, or receive a cigarette,
287	287	e-cigarette, or tobacco product.
288	288	(b) It is an exception to the application of this section
289	289	that the individual younger than 18 years of age possessed the
290	290	cigarette, e-cigarette, or tobacco product in the presence of:
291	291	(1) an adult parent, a guardian, or a spouse of the
292	292	individual; or
293	293	(2) an employer of the individual, if possession or
294	294	receipt of the e-cigarette or tobacco product is required in the
295	295	performance of the employee's duties as an employee.
296	296	SECTION 20. The heading to Section 161.253, Health and
297	297	Safety Code, is amended to read as follows:
298	298	Sec. 161.253. E-CIGARETTE AND TOBACCO AWARENESS PROGRAM;
299	299	COMMUNITY SERVICE.
300	300	SECTION 21. Sections 161.253(a), (b), (c), (d), and (e),
301	301	Health and Safety Code, are amended to read as follows:
302	302	(a) On conviction of an individual for an offense under
303	303	Section 161.252, the court shall suspend execution of sentence and
304	304	shall require the defendant to attend an e-cigarette and [a]
305	305	tobacco awareness program approved by the commissioner. The court
306	306	may require the parent or guardian of the defendant to attend the
307	307	e-cigarette and tobacco awareness program with the defendant.
308	308	(b) On request, an e-cigarette and [a] tobacco awareness
309	309	program may be taught in languages other than English.
310	310	(c) If the defendant resides in a rural area of this state or
311	311	another area of this state in which access to an e-cigarette and [a]
312	312	tobacco awareness program is not readily available, the court shall
313	313	require the defendant to perform eight to 12 hours of e-cigarette-
314	314	and tobacco-related community service instead of attending the
315	315	e-cigarette and tobacco awareness program.
316	316	(d) The e-cigarette and tobacco awareness program and the
317	317	e-cigarette- and tobacco-related community service are remedial
318	318	and are not punishment.
319	319	(e) Not later than the 90th day after the date of a
320	320	conviction under Section 161.252, the defendant shall present to
321	321	the court, in the manner required by the court, evidence of
322	322	satisfactory completion of the e-cigarette and tobacco awareness
323	323	program or the e-cigarette- and tobacco-related community service.
324	324	SECTION 22. Section 161.255(a), Health and Safety Code, is
325	325	amended to read as follows:
326	326	(a) An individual convicted of an offense under Section
327	327	161.252 may apply to the court to have the conviction expunged. If
328	328	the court finds that the individual satisfactorily completed the
329	329	e-cigarette and tobacco awareness program or e-cigarette- and
330	330	tobacco-related community service ordered by the court, the court
331	331	shall order the conviction and any complaint, verdict, sentence, or
332	332	other document relating to the offense to be expunged from the
333	333	individual's record and the conviction may not be shown or made
334	334	known for any purpose.
335	335	SECTION 23. Section 161.256, Health and Safety Code, is
336	336	amended to read as follows:
337	337	Sec. 161.256. JURISDICTION OF COURTS. A justice court or
338	338	municipal court may exercise jurisdiction over any matter in which
339	339	a court under this subchapter may:
340	340	(1) impose a requirement that a defendant attend an
341	341	e-cigarette and [a] tobacco awareness program or perform
342	342	e-cigarette- and tobacco-related community service; or
343	343	(2) order the suspension or denial of a driver's
344	344	license or permit.
345	345	SECTION 24. The heading to Subchapter O, Chapter 161,
346	346	Health and Safety Code, is amended to read as follows:
347	347	SUBCHAPTER O. PREVENTION OF TOBACCO AND E-CIGARETTE USE BY MINORS
348	348	SECTION 25. The heading to Section 161.301, Health and
349	349	Safety Code, is amended to read as follows:
350	350	Sec. 161.301. TOBACCO AND E-CIGARETTE USE PUBLIC AWARENESS
351	351	CAMPAIGN.
352	352	SECTION 26. Section 161.301(a), Health and Safety Code, as
353	353	amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
354	354	2015, is amended to read as follows:
355	355	(a) The department shall develop and implement a public
356	356	awareness campaign designed to reduce the [tobacco] use by minors
357	357	in this state of tobacco and e-cigarettes as defined by Section
358	358	161.081. The campaign may use advertisements or similar media to
359	359	provide educational information about tobacco and e-cigarette use.
360	360	SECTION 27. Section 161.302(a), Health and Safety Code, is
361	361	amended to read as follows:
362	362	(a) The entity administering Section 161.301 shall also
363	363	develop and implement a grant program to support youth groups that
364	364	include as a part of the group's program components related to
365	365	reduction of [tobacco] use by the group's members of tobacco and
366	366	e-cigarettes as defined by Section 161.081.
367	367	SECTION 28. Subchapter P, Chapter 161, Health and Safety
368	368	Code, is amended by adding Section 161.356 to read as follows:
369	369	Sec. 161.356. COMPLIANCE WITH FEDERAL LAW. A person is
370	370	considered to have complied with this subchapter if the person
371	371	complies with Subchapter IX of 21 U.S.C. Chapter 9 and rules adopted
372	372	under that subchapter.
373	373	SECTION 29. The heading to Subchapter R, Chapter 161,
374	374	Health and Safety Code, is amended to read as follows:
375	375	SUBCHAPTER R. DELIVERY SALES OF CIGARETTES AND E-CIGARETTES
376	376	SECTION 30. Section 161.451, Health and Safety Code, is
377	377	amended by amending Subdivisions (1) and (3) and adding Subdivision
378	378	(2-a) to read as follows:
379	379	(1) "Delivery sale" means a sale of cigarettes or
380	380	e-cigarettes to a consumer in this state in which the purchaser
381	381	submits the order for the sale by means of a telephonic or other
382	382	method of voice transmission, by using the mails or any other
383	383	delivery service, or through the Internet or another on-line
384	384	service, or the cigarettes or e-cigarettes are delivered by use of
385	385	the mails or another delivery service. A sale of cigarettes or
386	386	e-cigarettes is a delivery sale regardless of whether the seller is
387	387	located within or without this state. A sale of cigarettes or
388	388	e-cigarettes not for personal consumption to a person who is a
389	389	wholesale dealer or a retail dealer is not a delivery sale.
390	390	(2-a) "E-cigarette" has the meaning assigned by
391	391	Section 161.081.
392	392	(3) "Shipping container" means a container in which
393	393	cigarettes or e-cigarettes are shipped in connection with a
394	394	delivery sale.
395	395	SECTION 31. Section 161.452, Health and Safety Code, is
396	396	amended to read as follows:
397	397	Sec. 161.452. REQUIREMENTS FOR DELIVERY SALES. (a) A
398	398	person may not make a delivery sale of cigarettes or e-cigarettes to
399	399	an individual who is under the age prescribed by Section 161.082.
400	400	(b) A person taking a delivery sale order of cigarettes
401	401	shall comply with:
402	402	(1) the age verification requirements prescribed by
403	403	Section 161.453;
404	404	(2) the disclosure requirements prescribed by Section
405	405	161.454;
406	406	(3) the shipping requirements prescribed by Section
407	407	161.455;
408	408	(4) the registration and reporting requirements
409	409	prescribed by Section 161.456;
410	410	(5) the tax collection requirements prescribed by
411	411	Section 161.457; and
412	412	(6) each law of this state that generally applies to
413	413	sales of cigarettes that occur entirely within this state,
414	414	including a law:
415	415	(A) imposing a tax; or
416	416	(B) prescribing a permitting or tax-stamping
417	417	requirement.
418	418	(c) A person taking a delivery sale order of e-cigarettes
419	419	shall comply with:
420	420	(1) the age verification requirements prescribed by
421	421	Section 161.453;
422	422	(2) the disclosure requirements prescribed by Section
423	423	161.454;
424	424	(3) the shipping requirements prescribed by Section
425	425	161.455;
426	426	(4) the registration and reporting requirements
427	427	prescribed by Section 161.456; and
428	428	(5) each law of this state that generally applies to
429	429	sales of e-cigarettes that occur entirely within this state.
430	430	SECTION 32. Section 161.453, Health and Safety Code, is
431	431	amended by adding Subsections (c) and (d) to read as follows:
432	432	(c) A person may not mail or ship e-cigarettes in connection
433	433	with a delivery sale order unless before accepting a delivery sale
434	434	order the person verifies that the prospective purchaser is at
435	435	least 18 years of age through a commercially available database or
436	436	aggregate of databases that is regularly used for the purpose of age
437	437	and identity verification. After the order is accepted, the person
438	438	must use a method of mailing or shipping that requires an adult
439	439	signature.
440	440	(d) A retailer in this state that otherwise complies with
441	441	applicable laws relating to retail sales and primarily sells
442	442	e-cigarettes may comply with Subsection (c) by:
443	443	(1) verifying the age of the prospective purchaser
444	444	with a commercially available database or a photocopy or other
445	445	image of a government-issued identification bearing a photograph of
446	446	the prospective purchaser and stating the date of birth or age of
447	447	the prospective purchaser;
448	448	(2) obtaining a written statement signed by the
449	449	prospective purchaser, under penalty of law, certifying the
450	450	prospective purchaser's address and date of birth; and
451	451	(3) receiving payment for the delivery sale from the
452	452	prospective purchaser by a credit card or debit card that has been
453	453	issued in the prospective purchaser's name or by a check that is
454	454	associated with a bank account in the prospective purchaser's name.
455	455	SECTION 33. Section 161.454, Health and Safety Code, is
456	456	amended to read as follows:
457	457	Sec. 161.454. DISCLOSURE REQUIREMENTS. (a) The notice
458	458	required by Section 161.453(a)(3) for a delivery sale of cigarettes
459	459	must include a prominent and clearly legible statement that:
460	460	(1) cigarette sales to individuals who are below the
461	461	age prescribed by Section 161.082 are illegal under state law;
462	462	(2) sales of cigarettes are restricted to those
463	463	individuals who provide verifiable proof of age in accordance with
464	464	Section 161.453; and
465	465	(3) cigarette sales are taxable under Chapter 154, Tax
466	466	Code, and an explanation of how that tax has been or is to be paid
467	467	with respect to the delivery sale.
468	468	(b) A delivery sale of an e-cigarette must include a
469	469	prominent and clearly legible statement that:
470	470	(1) e-cigarette sales to individuals younger than the
471	471	age prescribed by Section 161.082 are illegal under state law; and
472	472	(2) e-cigarette sales are restricted to individuals
473	473	who provide verifiable proof of age in accordance with Section
474	474	161.453.
475	475	SECTION 34. Section 161.455, Health and Safety Code, is
476	476	amended by adding Subsection (a-1) and amending Subsection (b) to
477	477	read as follows:
478	478	(a-1) A person who mails or ships e-cigarettes in connection
479	479	with a delivery sale order shall include as part of the shipping
480	480	documents a clear and conspicuous statement: "E-CIGARETTES: TEXAS
481	481	LAW PROHIBITS SHIPPING TO INDIVIDUALS YOUNGER THAN 18 YEARS OF AGE
482	482	AND REQUIRES PAYMENT OF ALL APPLICABLE TAXES."
483	483	(b) A person taking a delivery sale order who delivers the
484	484	cigarettes or e-cigarettes without using a third-party delivery
485	485	service shall comply with the delivery requirements prescribed by
486	486	this subchapter that apply to a delivery service.
487	487	SECTION 35. Section 161.456, Health and Safety Code, is
488	488	amended to read as follows:
489	489	Sec. 161.456. REGISTRATION AND REPORTING REQUIREMENTS. (a)
490	490	A person may not make a delivery sale or ship cigarettes or
491	491	e-cigarettes in connection with a delivery sale unless the person
492	492	first files with the comptroller a statement that includes:
493	493	(1) the person's name and trade name; and
494	494	(2) the address of the person's principal place of
495	495	business and any other place of business, and the person's
496	496	telephone number and e-mail address.
497	497	(b) Except as provided by Subsection (d), not [Not] later
498	498	than the 10th day of each month, each person who has made a delivery
499	499	sale or shipped or delivered cigarettes or e-cigarettes in
500	500	connection with a delivery sale during the previous month shall
501	501	file with the comptroller a memorandum or a copy of the invoice that
502	502	provides for each delivery sale:
503	503	(1) the name, address, telephone number, and e-mail
504	504	address of the individual to whom the delivery sale was made;
505	505	(2) the brand or brands of the cigarettes or
506	506	e-cigarettes that were sold; and
507	507	(3) the quantity of cigarettes or e-cigarettes that
508	508	were sold.
509	509	(c) With respect to cigarettes, a [A] person who complies
510	510	with 15 U.S.C. Section 376, as amended, is considered to have
511	511	complied with this section.
512	512	(d) A person is exempt from the requirement of filing with
513	513	the comptroller a memorandum or a copy of an invoice under
514	514	Subsection (b) if, in the two years preceding the date the report is
515	515	due, the person has not violated this subchapter and has not been
516	516	reported under Section 161.090 to the comptroller as having
517	517	violated Subchapter H.
518	518	(e) A person required to submit a memorandum or a copy of an
519	519	invoice under Subsection (b) shall submit a memorandum or a copy of
520	520	an invoice to the comptroller for each delivery sale of a cigarette
521	521	or e-cigarette in the previous two years unless the person has
522	522	previously submitted the memorandum or copy to the comptroller.
523	523	(f) A person shall maintain records of compliance with this
524	524	section until at least the fourth anniversary of the date the record
525	525	was prepared.
526	526	SECTION 36. Section 161.461(a), Health and Safety Code, is
527	527	amended to read as follows:
528	528	(a) Cigarettes or e-cigarettes sold or that a person
529	529	attempted to sell in a delivery sale that does not comply with this
530	530	subchapter are forfeited to the state and shall be destroyed.
531	531	SECTION 37. Section 28.004(k), Education Code, is amended
532	532	to read as follows:
533	533	(k) A school district shall publish in the student handbook
534	534	and post on the district's Internet website, if the district has an
535	535	Internet website:
536	536	(1) a statement of the policies adopted to ensure that
537	537	elementary school, middle school, and junior high school students
538	538	engage in at least the amount and level of physical activity
539	539	required by Section 28.002(l);
540	540	(2) a statement of:
541	541	(A) the number of times during the preceding year
542	542	the district's school health advisory council has met;
543	543	(B) whether the district has adopted and enforces
544	544	policies to ensure that district campuses comply with agency
545	545	vending machine and food service guidelines for restricting student
546	546	access to vending machines; and
547	547	(C) whether the district has adopted and enforces
548	548	policies and procedures that prescribe penalties for the use of
549	549	e-cigarettes, as defined by Section 38.006, and tobacco products by
550	550	students and others on school campuses or at school-sponsored or
551	551	school-related activities; and
552	552	(3) a statement providing notice to parents that they
553	553	can request in writing their child's physical fitness assessment
554	554	results at the end of the school year.
555	555	SECTION 38. Section 38.006, Education Code, is amended to
556	556	read as follows:
557	557	Sec. 38.006. E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL
558	558	PROPERTY. (a) In this section, "e-cigarette" has the meaning
559	559	assigned by Section 161.081, Health and Safety Code.
560	560	(b) The board of trustees of a school district shall:
561	561	(1) prohibit smoking or using e-cigarettes or tobacco
562	562	products at a school-related or school-sanctioned activity on or
563	563	off school property;
564	564	(2) prohibit students from possessing e-cigarettes or
565	565	tobacco products at a school-related or school-sanctioned activity
566	566	on or off school property; and
567	567	(3) ensure that school personnel enforce the policies
568	568	on school property.
569	569	SECTION 39. Section 48.01, Penal Code, is amended by
570	570	amending Subsections (a), (c), (d), and (e) and adding Subsection
571	571	(a-1) to read as follows:
572	572	(a) In this section, "e-cigarette" has the meaning assigned
573	573	by Section 161.081, Health and Safety Code.
574	574	(a-1) A person commits an offense if the person [he] is in
575	575	possession of a burning tobacco product, [or] smokes tobacco, or
576	576	operates an e-cigarette in a facility of a public primary or
577	577	secondary school or an elevator, enclosed theater or movie house,
578	578	library, museum, hospital, transit system bus, [or] intrastate bus,
579	579	[as defined by Section 541.201, Transportation Code,] plane, or
580	580	train which is a public place.
581	581	(c) All conveyances and public places set out in Subsection
582	582	(a-1) [(a) of Section 48.01] shall be equipped with facilities for
583	583	extinguishment of smoking materials and it shall be a defense to
584	584	prosecution under this section if the conveyance or public place
585	585	within which the offense takes place is not so equipped.
586	586	(d) It is an exception to the application of Subsection
587	587	(a-1) [(a)] if the person is in possession of the burning tobacco
588	588	product, [or] smokes tobacco, or operates the e-cigarette
589	589	exclusively within an area designated for smoking tobacco or
590	590	operating an e-cigarette or as a participant in an authorized
591	591	theatrical performance.
592	592	(e) An area designated for smoking tobacco or operating an
593	593	e-cigarette on a transit system bus or intrastate plane or train
594	594	must also include the area occupied by the operator of the transit
595	595	system bus, plane, or train.
596	596	SECTION 40. Sections 161.082(a) and 161.252(a), Health and
597	597	Safety Code, as amended by this Act, and Section 48.01, Penal Code,
598	598	as amended by this Act, apply only to an offense committed on or
599	599	after October 1, 2015. An offense committed before that date is
600	600	governed by the law in effect on the date the offense was committed,
601	601	and the former law is continued in effect for that purpose. For
602	602	purposes of this section, an offense was committed before October
603	603	1, 2015, if any element of the offense occurred before that date.
604	604	SECTION 41. (a) The comptroller shall develop the sign
605	605	described by Section 161.084, Health and Safety Code, as amended by
606	606	this Act, and make the sign available to the public not later than
607	607	September 15, 2015.
608	608	(b) This section takes effect September 1, 2015.
609	609	SECTION 42. Except as otherwise provided by this Act, this
610	610	Act takes effect October 1, 2015.