Texas 2015 - 84th Regular

Texas House Bill HB647 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5365 SCL-F
2	2	By: Isaac H.B. No. 647
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the sale of nicotine products to minors;
8	8	creating an offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter H, Chapter 161, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER H. DISTRIBUTION OF CIGARETTES, NICOTINE PRODUCTS, OR
13	13	TOBACCO PRODUCTS
14	14	SECTION 2. Section 161.081, Health and Safety Code, is
15	15	amended by adding Subdivision (1-a) and amending Subdivisions (3)
16	16	and (4) to read as follows:
17	17	(1-a) "Nicotine product" means a product that delivers
18	18	to an individual nicotine by inhalation and that is not a cigarette
19	19	or tobacco product. The term includes:
20	20	(A) an electronic cigarette or any other device
21	21	that uses a mechanical heating element, battery, or electronic
22	22	circuit to deliver nicotine to the individual inhaling from the
23	23	device; or
24	24	(B) any substance used to fill or refill an
25	25	electronic cigarette or other device described by Paragraph (A).
26	26	(3) "Retail sale" means a transfer of possession from
27	27	a retailer to a consumer in connection with a purchase, sale, or
28	28	exchange for value of cigarettes, nicotine products, or tobacco
29	29	products.
30	30	(4) "Retailer" means a person who engages in the
31	31	practice of selling cigarettes, nicotine products, or tobacco
32	32	products to consumers and includes the owner of a coin-operated
33	33	cigarette, nicotine product, or tobacco product vending machine.
34	34	The term includes a retailer as that term is defined [has the
35	35	meaning assigned] by Section 154.001 or 155.001, Tax Code, as
36	36	applicable.
37	37	SECTION 3. The heading to Section 161.082, Health and
38	38	Safety Code, is amended to read as follows:
39	39	Sec. 161.082. SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
40	40	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE
41	41	PROHIBITED; PROOF OF AGE REQUIRED.
42	42	SECTION 4. Sections 161.082(a), (b), and (d), Health and
43	43	Safety Code, are amended to read as follows:
44	44	(a) A person commits an offense if the person, with criminal
45	45	negligence:
46	46	(1) sells, gives, or causes to be sold or given a
47	47	cigarette, nicotine product, or tobacco product to someone who is
48	48	younger than 18 years of age; or
49	49	(2) sells, gives, or causes to be sold or given a
50	50	cigarette, nicotine product, or tobacco product to another person
51	51	who intends to deliver it to someone who is younger than 18 years of
52	52	age.
53	53	(b) If an offense under this section occurs in connection
54	54	with a sale by an employee of the owner of a store in which
55	55	cigarettes, nicotine products, or tobacco products are sold at
56	56	retail, the employee is criminally responsible for the offense and
57	57	is subject to prosecution.
58	58	(d) It is a defense to prosecution under Subsection (a)(1)
59	59	that the person to whom the cigarette, nicotine product, or tobacco
60	60	product was sold or given presented to the defendant apparently
61	61	valid proof of identification.
62	62	SECTION 5. Section 161.0825(e), Health and Safety Code, is
63	63	amended to read as follows:
64	64	(e) It is an affirmative defense to prosecution under
65	65	Section 161.082 that:
66	66	(1) a transaction scan device identified a license or
67	67	certificate as valid and the defendant accessed the information and
68	68	relied on the results in good faith; or
69	69	(2) if the defendant is the owner of a store in which
70	70	cigarettes, nicotine products, or tobacco products are sold at
71	71	retail, the offense under Section 161.082 occurs in connection with
72	72	a sale by an employee of the owner, and the owner had provided the
73	73	employee with:
74	74	(A) a transaction scan device in working
75	75	condition; and
76	76	(B) adequate training in the use of the
77	77	transaction scan device.
78	78	SECTION 6. The heading to Section 161.083, Health and
79	79	Safety Code, is amended to read as follows:
80	80	Sec. 161.083. SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
81	81	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE.
82	82	SECTION 7. Section 161.083, Health and Safety Code, is
83	83	amended by adding Subsection (a-1) and amending Subsections (b) and
84	84	(c) to read as follows:
85	85	(a-1) A person may not sell, give, or cause to be sold or
86	86	given a nicotine product to someone who is younger than 27 years of
87	87	age unless the person to whom the nicotine product was sold or given
88	88	presents an apparently valid proof of identification.
89	89	(b) A retailer shall adequately supervise and train the
90	90	retailer's agents and employees to prevent a violation of
91	91	Subsections [Subsection] (a) and (a-1).
92	92	(c) A proof of identification described by Section
93	93	161.082(e) satisfies the requirements of Subsections [Subsection]
94	94	(a) and (a-1).
95	95	SECTION 8. Sections 161.084(a), (b), and (d), Health and
96	96	Safety Code, are amended to read as follows:
97	97	(a) Each person who sells cigarettes, nicotine products, or
98	98	tobacco products at retail or by vending machine shall post a sign
99	99	in a location that is conspicuous to all employees and customers and
100	100	that is close to the place at which the cigarettes, nicotine
101	101	products, or tobacco products may be purchased.
102	102	(b) The sign must include the statement:
103	103	PURCHASING OR ATTEMPTING TO PURCHASE NICOTINE PRODUCTS OR
104	104	TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
105	105	LAW. SALE OR PROVISION OF NICOTINE PRODUCTS OR TOBACCO PRODUCTS TO
106	106	A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON
107	107	CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500,
108	108	MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS
109	109	COMPTROLLER'S OFFICE BY CALLING (insert toll-free telephone
110	110	number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE
111	111	LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH
112	112	WEIGHT.
113	113	(d) The comptroller on request shall provide the sign
114	114	without charge to any person who sells cigarettes, nicotine
115	115	products, or tobacco products. The comptroller may provide the
116	116	sign without charge to distributors of cigarettes, nicotine
117	117	products, or tobacco products or wholesale dealers of cigarettes,
118	118	nicotine products, or tobacco products in this state for
119	119	distribution to persons who sell cigarettes, nicotine products, or
120	120	tobacco products. A distributor or wholesale dealer may not charge
121	121	for distributing a sign under this subsection.
122	122	SECTION 9. Sections 161.085(a) and (b), Health and Safety
123	123	Code, are amended to read as follows:
124	124	(a) Each retailer shall notify each individual employed by
125	125	that retailer who is to be engaged in retail sales of cigarettes,
126	126	nicotine products, or tobacco products that state law:
127	127	(1) prohibits the sale or distribution of cigarettes,
128	128	nicotine products, or tobacco products to any person who is younger
129	129	than 18 years of age as provided by Section 161.082 and that a
130	130	violation of that section is a Class C misdemeanor; and
131	131	(2) requires each person who sells cigarettes,
132	132	nicotine products, or tobacco products at retail or by vending
133	133	machine to post a warning notice as provided by Section 161.084,
134	134	requires each employee to ensure that the appropriate sign is
135	135	always properly displayed while that employee is exercising the
136	136	employee's duties, and provides that a violation of Section 161.084
137	137	is a Class C misdemeanor.
138	138	(b) The notice required by Subsection (a) must be provided
139	139	within 72 hours of the date an individual begins to engage in retail
140	140	sales of nicotine or tobacco products. The individual shall
141	141	signify that the individual has received the notice required by
142	142	Subsection (a) by signing a form stating that the law has been fully
143	143	explained, that the individual understands the law, and that the
144	144	individual, as a condition of employment, agrees to comply with the
145	145	law.
146	146	SECTION 10. Section 161.086(a), Health and Safety Code, is
147	147	amended to read as follows:
148	148	(a) Except as provided by Subsection (b), a retailer or
149	149	other person may not:
150	150	(1) offer cigarettes, nicotine products, or tobacco
151	151	products for sale in a manner that permits a customer direct access
152	152	to the cigarettes, nicotine products, or tobacco products; or
153	153	(2) install or maintain a vending machine containing
154	154	cigarettes, nicotine products, or tobacco products.
155	155	SECTION 11. The heading to Section 161.087, Health and
156	156	Safety Code, is amended to read as follows:
157	157	Sec. 161.087. DISTRIBUTION OF CIGARETTES, NICOTINE
158	158	PRODUCTS, OR TOBACCO PRODUCTS.
159	159	SECTION 12. Sections 161.087(a) and (b), Health and Safety
160	160	Code, are amended to read as follows:
161	161	(a) A person may not distribute to persons younger than 18
162	162	years of age:
163	163	(1) a free sample of a cigarette, nicotine product, or
164	164	tobacco product; or
165	165	(2) a coupon or other item that the recipient may use
166	166	to receive a free or discounted cigarette, nicotine product, or
167	167	tobacco product or a sample cigarette, nicotine product, or tobacco
168	168	product.
169	169	(b) Except as provided by Subsection (c), a person,
170	170	including a permit holder, may not accept or redeem, offer to accept
171	171	or redeem, or hire a person to accept or redeem a coupon or other
172	172	item that the recipient may use to receive a free or discounted
173	173	cigarette, nicotine product, or tobacco product or a sample
174	174	cigarette, nicotine product, or tobacco product if the recipient is
175	175	younger than 18 years of age. A coupon or other item that such a
176	176	recipient may use to receive a free or discounted cigarette,
177	177	nicotine product, or tobacco product or a sample cigarette,
178	178	nicotine product, or tobacco product may not be redeemable through
179	179	mail or courier delivery.
180	180	SECTION 13. Sections 161.088(b) and (d), Health and Safety
181	181	Code, are amended to read as follows:
182	182	(b) The comptroller may make block grants to counties and
183	183	municipalities to be used by local law enforcement agencies to
184	184	enforce this subchapter in a manner that can reasonably be expected
185	185	to reduce the extent to which cigarettes, nicotine products, and
186	186	tobacco products are sold or distributed to persons who are younger
187	187	than 18 years of age. At least annually, random unannounced
188	188	inspections shall be conducted at various locations where
189	189	cigarettes, nicotine products, and tobacco products are sold or
190	190	distributed to ensure compliance with this subchapter. The
191	191	comptroller shall rely, to the fullest extent possible, on local
192	192	law enforcement agencies to enforce this subchapter.
193	193	(d) The use of a person younger than 18 years of age to act
194	194	as a minor decoy to test compliance with this subchapter shall be
195	195	conducted in a fashion that promotes fairness. A person may be
196	196	enlisted by the comptroller or a local law enforcement agency to act
197	197	as a minor decoy only if the following requirements are met:
198	198	(1) written parental consent is obtained for the use
199	199	of a person younger than 18 years of age to act as a minor decoy to
200	200	test compliance with this subchapter;
201	201	(2) at the time of the inspection, the minor decoy is
202	202	younger than 17 years of age;
203	203	(3) the minor decoy has an appearance that would cause
204	204	a reasonably prudent seller of cigarettes, nicotine products, or
205	205	tobacco products to request identification and proof of age;
206	206	(4) the minor decoy carries either the minor's own
207	207	identification showing the minor's correct date of birth or carries
208	208	no identification, and a minor decoy who carries identification
209	209	presents it on request to any seller of cigarettes, nicotine
210	210	products, or tobacco products; and
211	211	(5) the minor decoy answers truthfully any questions
212	212	about the minor's age.
213	213	SECTION 14. (a) The change in law made by this Act applies
214	214	only to the sale or distribution of nicotine products occurring on
215	215	or after October 1, 2015. The sale or distribution of nicotine
216	216	products occurring before October 1, 2015, is governed by the law in
217	217	effect immediately before that date, and that law is continued in
218	218	effect for that purpose.
219	219	(b) Section 161.082(a), Health and Safety Code, as amended
220	220	by this Act, applies only to an offense committed on or after
221	221	October 1, 2015. An offense committed before that date is governed
222	222	by the law in effect on the date the offense was committed, and the
223	223	former law is continued in effect for that purpose. For purposes of
224	224	this subsection, an offense was committed before October 1, 2015,
225	225	if any element of the offense occurred before that date.
226	226	SECTION 15. (a) The comptroller shall develop the sign
227	227	described by Section 161.084, Health and Safety Code, as amended by
228	228	this Act, and make the sign available to the public not later than
229	229	September 15, 2015.
230	230	(b) This section takes effect September 1, 2015.
231	231	SECTION 16. Except as otherwise provided by this Act, this
232	232	Act takes effect October 1, 2015.