Texas 2015 - 84th Regular

Texas House Bill HB81 Compare Versions

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

Old	New	Differences
1	1	84R309 SCL-D
2	2	By: Guillen H.B. No. 81
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of the sale, distribution, possession, use,
8	8	and advertising of nicotine products and cigarettes; authorizing a
9	9	fee; creating offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter H, Chapter 161, Health
12	12	and Safety Code, is amended to read as follows:
13	13	SUBCHAPTER H. DISTRIBUTION OF CIGARETTES, NICOTINE PRODUCTS, OR
14	14	TOBACCO PRODUCTS
15	15	SECTION 2. Section 161.081, Health and Safety Code, is
16	16	amended by adding Subdivision (1-a) and amending Subdivisions (3)
17	17	and (4) to read as follows:
18	18	(1-a) "Nicotine product" means a product that delivers
19	19	to an individual nicotine by inhalation, with or without
20	20	combustion, and that is not a cigarette or a tobacco product. The
21	21	term includes:
22	22	(A) an electronic cigarette or any other device
23	23	that uses a mechanical heating element, battery, or electronic
24	24	circuit to deliver nicotine to the individual inhaling from the
25	25	device; or
26	26	(B) any substance used to fill or refill an
27	27	electronic cigarette or other device described by Paragraph (A).
28	28	(3) "Retail sale" means a transfer of possession from
29	29	a retailer to a consumer in connection with a purchase, sale, or
30	30	exchange for value of cigarettes, nicotine products, or tobacco
31	31	products.
32	32	(4) "Retailer" means a person who engages in the
33	33	practice of selling cigarettes, nicotine products, or tobacco
34	34	products to consumers and includes the owner of a coin-operated
35	35	cigarette, nicotine product, or tobacco product vending machine.
36	36	The term includes a retailer as that term is defined [has the
37	37	meaning assigned] by Section 154.001 or 155.001, Tax Code, as
38	38	applicable.
39	39	SECTION 3. The heading to Section 161.082, Health and
40	40	Safety Code, is amended to read as follows:
41	41	Sec. 161.082. SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
42	42	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE
43	43	PROHIBITED; PROOF OF AGE REQUIRED.
44	44	SECTION 4. Sections 161.082(a), (b), and (d), Health and
45	45	Safety Code, are amended to read as follows:
46	46	(a) A person commits an offense if the person, with criminal
47	47	negligence:
48	48	(1) sells, gives, or causes to be sold or given a
49	49	cigarette, nicotine product, or tobacco product to someone who is
50	50	younger than 18 years of age; or
51	51	(2) sells, gives, or causes to be sold or given a
52	52	cigarette, nicotine product, or tobacco product to another person
53	53	who intends to deliver it to someone who is younger than 18 years of
54	54	age.
55	55	(b) If an offense under this section occurs in connection
56	56	with a sale by an employee of the owner of a store in which
57	57	cigarettes, nicotine products, or tobacco products are sold at
58	58	retail, the employee is criminally responsible for the offense and
59	59	is subject to prosecution.
60	60	(d) It is a defense to prosecution under Subsection (a)(1)
61	61	that the person to whom the cigarette, nicotine product, or tobacco
62	62	product was sold or given presented to the defendant apparently
63	63	valid proof of identification.
64	64	SECTION 5. Section 161.0825(e), Health and Safety Code, is
65	65	amended to read as follows:
66	66	(e) It is an affirmative defense to prosecution under
67	67	Section 161.082 that:
68	68	(1) a transaction scan device identified a license or
69	69	certificate as valid and the defendant accessed the information and
70	70	relied on the results in good faith; or
71	71	(2) if the defendant is the owner of a store in which
72	72	cigarettes, nicotine products, or tobacco products are sold at
73	73	retail, the offense under Section 161.082 occurs in connection with
74	74	a sale by an employee of the owner, and the owner had provided the
75	75	employee with:
76	76	(A) a transaction scan device in working
77	77	condition; and
78	78	(B) adequate training in the use of the
79	79	transaction scan device.
80	80	SECTION 6. The heading to Section 161.083, Health and
81	81	Safety Code, is amended to read as follows:
82	82	Sec. 161.083. SALE OF CIGARETTES, NICOTINE PRODUCTS, OR
83	83	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE.
84	84	SECTION 7. Section 161.083, Health and Safety Code, is
85	85	amended by adding Subsection (a-1) and amending Subsections (b) and
86	86	(c) to read as follows:
87	87	(a-1) A person may not sell, give, or cause to be sold or
88	88	given a nicotine product to someone who is younger than 27 years of
89	89	age unless the person to whom the nicotine product was sold or given
90	90	presents an apparently valid proof of identification.
91	91	(b) A retailer shall adequately supervise and train the
92	92	retailer's agents and employees to prevent a violation of
93	93	Subsections [Subsection] (a) and (a-1).
94	94	(c) A proof of identification described by Section
95	95	161.082(e) satisfies the requirements of Subsections [Subsection]
96	96	(a) and (a-1).
97	97	SECTION 8. Sections 161.084(a), (b), and (d), Health and
98	98	Safety Code, are amended to read as follows:
99	99	(a) Each person who sells cigarettes, nicotine products, or
100	100	tobacco products at retail or by vending machine shall post a sign
101	101	in a location that is conspicuous to all employees and customers and
102	102	that is close to the place at which the cigarettes, nicotine
103	103	products, or tobacco products may be purchased.
104	104	(b) The sign must include the statement:
105	105	PURCHASING OR ATTEMPTING TO PURCHASE NICOTINE PRODUCTS OR
106	106	TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
107	107	LAW. SALE OR PROVISION OF NICOTINE PRODUCTS OR TOBACCO PRODUCTS TO
108	108	A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON
109	109	CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500,
110	110	MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS
111	111	COMPTROLLER'S OFFICE BY CALLING (insert toll-free telephone
112	112	number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE
113	113	LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH
114	114	WEIGHT.
115	115	(d) The comptroller on request shall provide the sign
116	116	without charge to any person who sells cigarettes, nicotine
117	117	products, or tobacco products. The comptroller may provide the
118	118	sign without charge to distributors of cigarettes, nicotine
119	119	products, or tobacco products or wholesale dealers of cigarettes,
120	120	nicotine products, or tobacco products in this state for
121	121	distribution to persons who sell cigarettes, nicotine products, or
122	122	tobacco products. A distributor or wholesale dealer may not charge
123	123	for distributing a sign under this subsection.
124	124	SECTION 9. Sections 161.085(a) and (b), Health and Safety
125	125	Code, are amended to read as follows:
126	126	(a) Each retailer shall notify each individual employed by
127	127	that retailer who is to be engaged in retail sales of cigarettes,
128	128	nicotine products, or tobacco products that state law:
129	129	(1) prohibits the sale or distribution of cigarettes,
130	130	nicotine products, or tobacco products to any person who is younger
131	131	than 18 years of age as provided by Section 161.082 and that a
132	132	violation of that section is a Class C misdemeanor; and
133	133	(2) requires each person who sells cigarettes,
134	134	nicotine products, or tobacco products at retail or by vending
135	135	machine to post a warning notice as provided by Section 161.084,
136	136	requires each employee to ensure that the appropriate sign is
137	137	always properly displayed while that employee is exercising the
138	138	employee's duties, and provides that a violation of Section 161.084
139	139	is a Class C misdemeanor.
140	140	(b) The notice required by Subsection (a) must be provided
141	141	within 72 hours of the date an individual begins to engage in retail
142	142	sales of cigarettes, nicotine products, or tobacco products. The
143	143	individual shall signify that the individual has received the
144	144	notice required by Subsection (a) by signing a form stating that the
145	145	law has been fully explained, that the individual understands the
146	146	law, and that the individual, as a condition of employment, agrees
147	147	to comply with the law.
148	148	SECTION 10. Section 161.086(a), Health and Safety Code, is
149	149	amended to read as follows:
150	150	(a) Except as provided by Subsection (b), a retailer or
151	151	other person may not:
152	152	(1) offer cigarettes, nicotine products, or tobacco
153	153	products for sale in a manner that permits a customer direct access
154	154	to the cigarettes, nicotine products, or tobacco products; or
155	155	(2) install or maintain a vending machine containing
156	156	cigarettes, nicotine products, or tobacco products.
157	157	SECTION 11. The heading to Section 161.087, Health and
158	158	Safety Code, is amended to read as follows:
159	159	Sec. 161.087. DISTRIBUTION OF CIGARETTES, NICOTINE
160	160	PRODUCTS, OR TOBACCO PRODUCTS.
161	161	SECTION 12. Sections 161.087(a) and (b), Health and Safety
162	162	Code, are amended to read as follows:
163	163	(a) A person may not distribute to persons younger than 18
164	164	years of age:
165	165	(1) a free sample of a cigarette, nicotine product, or
166	166	tobacco product; or
167	167	(2) a coupon or other item that the recipient may use
168	168	to receive a free or discounted cigarette, nicotine product, or
169	169	tobacco product or a sample cigarette, nicotine product, or tobacco
170	170	product.
171	171	(b) Except as provided by Subsection (c), a person,
172	172	including a permit holder, may not accept or redeem, offer to accept
173	173	or redeem, or hire a person to accept or redeem a coupon or other
174	174	item that the recipient may use to receive a free or discounted
175	175	cigarette, nicotine product, or tobacco product or a sample
176	176	cigarette, nicotine product, or tobacco product if the recipient is
177	177	younger than 18 years of age. A coupon or other item that such a
178	178	recipient may use to receive a free or discounted cigarette,
179	179	nicotine product, or tobacco product or a sample cigarette,
180	180	nicotine product, or tobacco product may not be redeemable through
181	181	mail or courier delivery.
182	182	SECTION 13. Sections 161.088(b) and (d), Health and Safety
183	183	Code, are amended to read as follows:
184	184	(b) The comptroller may make block grants to counties and
185	185	municipalities to be used by local law enforcement agencies to
186	186	enforce this subchapter in a manner that can reasonably be expected
187	187	to reduce the extent to which cigarettes, nicotine products, and
188	188	tobacco products are sold or distributed to persons who are younger
189	189	than 18 years of age. At least annually, random unannounced
190	190	inspections shall be conducted at various locations where
191	191	cigarettes, nicotine products, and tobacco products are sold or
192	192	distributed to ensure compliance with this subchapter. The
193	193	comptroller shall rely, to the fullest extent possible, on local
194	194	law enforcement agencies to enforce this subchapter.
195	195	(d) The use of a person younger than 18 years of age to act
196	196	as a minor decoy to test compliance with this subchapter shall be
197	197	conducted in a fashion that promotes fairness. A person may be
198	198	enlisted by the comptroller or a local law enforcement agency to act
199	199	as a minor decoy only if the following requirements are met:
200	200	(1) written parental consent is obtained for the use
201	201	of a person younger than 18 years of age to act as a minor decoy to
202	202	test compliance with this subchapter;
203	203	(2) at the time of the inspection, the minor decoy is
204	204	younger than 17 years of age;
205	205	(3) the minor decoy has an appearance that would cause
206	206	a reasonably prudent seller of cigarettes, nicotine products, or
207	207	tobacco products to request identification and proof of age;
208	208	(4) the minor decoy carries either the minor's own
209	209	identification showing the minor's correct date of birth or carries
210	210	no identification, and a minor decoy who carries identification
211	211	presents it on request to any seller of cigarettes, nicotine
212	212	products, or tobacco products; and
213	213	(5) the minor decoy answers truthfully any questions
214	214	about the minor's age.
215	215	SECTION 14. Section 161.089, Health and Safety Code, is
216	216	amended to read as follows:
217	217	Sec. 161.089. PREEMPTION OF LOCAL LAW. This subchapter
218	218	does not preempt a local regulation of the sale, distribution, or
219	219	use of cigarettes, nicotine products, or tobacco products or affect
220	220	the authority of a political subdivision to adopt or enforce an
221	221	ordinance or requirement relating to the sale, distribution, or use
222	222	of cigarettes, nicotine products, or tobacco products if the
223	223	regulation, ordinance, or requirement:
224	224	(1) is compatible with and equal to or more stringent
225	225	than a requirement prescribed by this subchapter; or
226	226	(2) relates to an issue that is not specifically
227	227	addressed by this subchapter or Chapter 154 or 155, Tax Code.
228	228	SECTION 15. Section 161.0901, Health and Safety Code, is
229	229	amended to read as follows:
230	230	Sec. 161.0901. DEPARTMENT REPORT [OF OFFICE OF SMOKING AND
231	231	HEALTH]. (a) Not later than January 5th of each odd-numbered year
232	232	the [Office of Smoking and Health of the] department shall report to
233	233	the governor, lieutenant governor, and the speaker of the house of
234	234	representatives on the status of smoking and the use of nicotine
235	235	products, tobacco, and tobacco products in this state.
236	236	(b) The report must include, at a minimum:
237	237	(1) a baseline of statistics and analysis regarding
238	238	retail compliance with this subchapter, Subchapter K, and Chapters
239	239	154 and 155, Tax Code;
240	240	(2) a baseline of statistics and analysis regarding
241	241	illegal nicotine product and tobacco sales, including:
242	242	(A) sales to minors;
243	243	(B) enforcement actions concerning minors; and
244	244	(C) sources of citations;
245	245	(3) nicotine product and tobacco controls and
246	246	initiatives by the [Office of Smoking and Health of the]
247	247	department, or any other state agency, including an evaluation of
248	248	the effectiveness of the controls and initiatives;
249	249	(4) the future goals and plans of the [Office of
250	250	Smoking and Health of the] department to decrease the use of
251	251	nicotine products, tobacco, and tobacco products;
252	252	(5) the educational programs of the [Office of Smoking
253	253	and Health of the] department and the effectiveness of those
254	254	programs; and
255	255	(6) the incidence of use of nicotine products,
256	256	tobacco, and tobacco products by regions in this state, including
257	257	use of cigarettes, nicotine products, and tobacco products by
258	258	ethnicity.
259	259	SECTION 16. The heading to Subchapter K, Chapter 161,
260	260	Health and Safety Code, is amended to read as follows:
261	261	SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, NICOTINE PRODUCT,
262	262	OR TOBACCO PRODUCT ADVERTISING; FEE
263	263	SECTION 17. Section 161.121, Health and Safety Code, is
264	264	amended by adding Subdivision (2-a) to read as follows:
265	265	(2-a) "Nicotine product" has the meaning assigned by
266	266	Section 161.081.
267	267	SECTION 18. Sections 161.122(a) and (b), Health and Safety
268	268	Code, are amended to read as follows:
269	269	(a) Except as provided by this section, a sign containing an
270	270	advertisement for cigarettes, nicotine products, or tobacco
271	271	products may not be located closer than 1,000 feet to a church or
272	272	school.
273	273	(b) The measurement of the distance between the sign
274	274	containing an advertisement for cigarettes, nicotine products, or
275	275	tobacco products and an institution listed in Subsection (a) is
276	276	from the nearest property line of the institution to a point on a
277	277	street or highway closest to the sign, along street lines and in
278	278	direct lines across intersections.
279	279	SECTION 19. Section 161.123(a), Health and Safety Code, is
280	280	amended to read as follows:
281	281	(a) A purchaser of advertising is liable for and shall remit
282	282	to the comptroller a fee that is 10 percent of the gross sales price
283	283	of any outdoor advertising of cigarettes, nicotine products, and
284	284	tobacco products in this state.
285	285	SECTION 20. Section 161.124(b), Health and Safety Code, is
286	286	amended to read as follows:
287	287	(b) Money in the account may be appropriated only for
288	288	administration and enforcement of this section, enforcement of law
289	289	relating to cigarettes, nicotine products, and tobacco products,
290	290	and the education advertising campaign and grant program
291	291	established under Subchapter O[, Chapter 161].
292	292	SECTION 21. The heading to Subchapter N, Chapter 161,
293	293	Health and Safety Code, is amended to read as follows:
294	294	SUBCHAPTER N. NICOTINE AND TOBACCO USE BY MINORS
295	295	SECTION 22. Section 161.251, Health and Safety Code, is
296	296	amended by amending Subdivision (2) and adding Subdivision (3) to
297	297	read as follows:
298	298	(2) "Nicotine product" has the meaning assigned by
299	299	Section 161.081.
300	300	(3) "Tobacco product" has the meaning assigned by
301	301	Section 155.001, Tax Code.
302	302	SECTION 23. The heading to Section 161.252, Health and
303	303	Safety Code, is amended to read as follows:
304	304	Sec. 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR
305	305	RECEIPT OF CIGARETTES, NICOTINE PRODUCTS, OR TOBACCO PRODUCTS BY
306	306	MINORS PROHIBITED.
307	307	SECTION 24. Sections 161.252(a) and (b), Health and Safety
308	308	Code, are amended to read as follows:
309	309	(a) An individual who is younger than 18 years of age
310	310	commits an offense if the individual:
311	311	(1) possesses, purchases, consumes, or accepts a
312	312	cigarette, nicotine product, or tobacco product; or
313	313	(2) falsely represents himself or herself to be 18
314	314	years of age or older by displaying proof of age that is false,
315	315	fraudulent, or not actually proof of the individual's own age in
316	316	order to obtain possession of, purchase, or receive a cigarette,
317	317	nicotine product, or tobacco product.
318	318	(b) It is an exception to the application of this section
319	319	that the individual younger than 18 years of age possessed the
320	320	cigarette, nicotine product, or tobacco product in the presence of:
321	321	(1) an adult parent, a guardian, or a spouse of the
322	322	individual; or
323	323	(2) an employer of the individual, if possession or
324	324	receipt of the nicotine or tobacco product is required in the
325	325	performance of the employee's duties as an employee.
326	326	SECTION 25. The heading to Section 161.253, Health and
327	327	Safety Code, is amended to read as follows:
328	328	Sec. 161.253. NICOTINE AND TOBACCO AWARENESS PROGRAM;
329	329	COMMUNITY SERVICE.
330	330	SECTION 26. Sections 161.253(a), (b), (c), (d), and (e),
331	331	Health and Safety Code, are amended to read as follows:
332	332	(a) On conviction of an individual for an offense under
333	333	Section 161.252, the court shall suspend execution of sentence and
334	334	shall require the defendant to attend a nicotine and tobacco
335	335	awareness program approved by the commissioner. The court may
336	336	require the parent or guardian of the defendant to attend the
337	337	nicotine and tobacco awareness program with the defendant.
338	338	(b) On request, a nicotine and tobacco awareness program may
339	339	be taught in languages other than English.
340	340	(c) If the defendant resides in a rural area of this state or
341	341	another area of this state in which access to a nicotine and tobacco
342	342	awareness program is not readily available, the court shall require
343	343	the defendant to perform eight to 12 hours of nicotine- and
344	344	tobacco-related community service instead of attending the
345	345	nicotine and tobacco awareness program.
346	346	(d) The nicotine and tobacco awareness program and the
347	347	nicotine- and tobacco-related community service are remedial and
348	348	are not punishment.
349	349	(e) Not later than the 90th day after the date of a
350	350	conviction under Section 161.252, the defendant shall present to
351	351	the court, in the manner required by the court, evidence of
352	352	satisfactory completion of the nicotine and tobacco awareness
353	353	program or the nicotine- and tobacco-related community service.
354	354	SECTION 27. Section 161.255(a), Health and Safety Code, is
355	355	amended to read as follows:
356	356	(a) An individual convicted of an offense under Section
357	357	161.252 may apply to the court to have the conviction expunged. If
358	358	the court finds that the individual satisfactorily completed the
359	359	nicotine and tobacco awareness program or nicotine- and
360	360	tobacco-related community service ordered by the court, the court
361	361	shall order the conviction and any complaint, verdict, sentence, or
362	362	other document relating to the offense to be expunged from the
363	363	individual's record and the conviction may not be shown or made
364	364	known for any purpose.
365	365	SECTION 28. Section 161.256, Health and Safety Code, is
366	366	amended to read as follows:
367	367	Sec. 161.256. JURISDICTION OF COURTS. A justice court or
368	368	municipal court may exercise jurisdiction over any matter in which
369	369	a court under this subchapter may:
370	370	(1) impose a requirement that a defendant attend a
371	371	nicotine and tobacco awareness program or perform nicotine- and
372	372	tobacco-related community service; or
373	373	(2) order the suspension or denial of a driver's
374	374	license or permit.
375	375	SECTION 29. The heading to Subchapter O, Chapter 161,
376	376	Health and Safety Code, is amended to read as follows:
377	377	SUBCHAPTER O. PREVENTION OF NICOTINE AND TOBACCO USE BY MINORS
378	378	SECTION 30. The heading to Section 161.301, Health and
379	379	Safety Code, is amended to read as follows:
380	380	Sec. 161.301. NICOTINE AND TOBACCO USE PUBLIC AWARENESS
381	381	CAMPAIGN.
382	382	SECTION 31. Section 161.301(a), Health and Safety Code, is
383	383	amended to read as follows:
384	384	(a) The commissioner shall develop and implement a public
385	385	awareness campaign designed to reduce nicotine and tobacco use by
386	386	minors in this state. The campaign may use advertisements or
387	387	similar media to provide educational information about nicotine and
388	388	tobacco use.
389	389	SECTION 32. Section 161.302(a), Health and Safety Code, is
390	390	amended to read as follows:
391	391	(a) The entity administering Section 161.301 shall also
392	392	develop and implement a grant program to support youth groups that
393	393	include as a part of the group's program components related to
394	394	reduction of nicotine and tobacco use by the group's members.
395	395	SECTION 33. The heading to Subchapter R, Chapter 161,
396	396	Health and Safety Code, is amended to read as follows:
397	397	SUBCHAPTER R. DELIVERY SALES OF CIGARETTES AND NICOTINE PRODUCTS
398	398	SECTION 34. Section 161.451, Health and Safety Code, is
399	399	amended by amending Subdivisions (1) and (3) and adding Subdivision
400	400	(2-a) to read as follows:
401	401	(1) "Delivery sale" means a sale of cigarettes or
402	402	nicotine products to a consumer in this state in which the purchaser
403	403	submits the order for the sale by means of a telephonic or other
404	404	method of voice transmission, by using the mails or any other
405	405	delivery service, or through the Internet or another on-line
406	406	service, or the cigarettes or nicotine products are delivered by
407	407	use of the mails or another delivery service. A sale of cigarettes
408	408	or nicotine products is a delivery sale regardless of whether the
409	409	seller is located within or without this state. A sale of
410	410	cigarettes or nicotine products not for personal consumption to a
411	411	person who is a wholesale dealer or a retail dealer is not a
412	412	delivery sale.
413	413	(2-a) "Nicotine product" has the meaning assigned by
414	414	Section 161.081.
415	415	(3) "Shipping container" means a container in which
416	416	cigarettes or nicotine products are shipped in connection with a
417	417	delivery sale.
418	418	SECTION 35. Section 161.452, Health and Safety Code, is
419	419	amended to read as follows:
420	420	Sec. 161.452. REQUIREMENTS FOR DELIVERY SALES. (a) A
421	421	person may not make a delivery sale of cigarettes or nicotine
422	422	products to an individual who is under the age prescribed by Section
423	423	161.082.
424	424	(b) A person taking a delivery sale order shall comply with:
425	425	(1) the age verification requirements prescribed by
426	426	Section 161.453;
427	427	(2) the disclosure requirements prescribed by Section
428	428	161.454;
429	429	(3) the shipping requirements prescribed by Section
430	430	161.455;
431	431	(4) the registration and reporting requirements
432	432	prescribed by Section 161.456;
433	433	(5) the tax collection requirements prescribed by
434	434	Section 161.457, if applicable; and
435	435	(6) each law of this state that generally applies to
436	436	sales of cigarettes or nicotine products that occur entirely within
437	437	this state, if applicable, including a law:
438	438	(A) imposing a tax; or
439	439	(B) prescribing a permitting or tax-stamping
440	440	requirement.
441	441	SECTION 36. Section 161.453(a), Health and Safety Code, is
442	442	amended to read as follows:
443	443	(a) A person may not mail or ship cigarettes or nicotine
444	444	products in connection with a delivery sale order unless before
445	445	mailing or shipping the cigarettes or nicotine products the person
446	446	accepting the delivery sale order first:
447	447	(1) obtains from the prospective customer a
448	448	certification that includes:
449	449	(A) reliable confirmation that the purchaser is
450	450	at least 18 years of age; and
451	451	(B) a statement signed by the prospective
452	452	purchaser in writing and under penalty of law:
453	453	(i) certifying the prospective purchaser's
454	454	address and date of birth;
455	455	(ii) confirming that the prospective
456	456	purchaser understands that signing another person's name to the
457	457	certification is illegal, that sales of cigarettes or nicotine
458	458	products to an individual under the age prescribed by Section
459	459	161.082 are illegal under state law, and that the purchase of
460	460	cigarettes or nicotine products by an individual under that age is
461	461	illegal under state law; and
462	462	(iii) confirming that the prospective
463	463	purchaser wants to receive mailings from a nicotine product or
464	464	tobacco company;
465	465	(2) makes a good faith effort to verify the
466	466	information contained in the certification provided by the
467	467	prospective purchaser under Subdivision (1) against a commercially
468	468	available database or obtains a photocopy or other image of a
469	469	government-issued identification bearing a photograph of the
470	470	prospective purchaser and stating the date of birth or age of the
471	471	prospective purchaser;
472	472	(3) sends to the prospective purchaser, by e-mail or
473	473	other means, a notice that complies with Section 161.454; and
474	474	(4) for an order made over the Internet or as a result
475	475	of an advertisement, receives payment for the delivery sale from
476	476	the prospective purchaser by a credit or debit card that has been
477	477	issued in the purchaser's name or by check.
478	478	SECTION 37. Section 161.454, Health and Safety Code, is
479	479	amended to read as follows:
480	480	Sec. 161.454. DISCLOSURE REQUIREMENTS. The notice required
481	481	by Section 161.453(a)(3) must include a prominent and clearly
482	482	legible statement that:
483	483	(1) cigarette and nicotine product sales to
484	484	individuals who are below the age prescribed by Section 161.082 are
485	485	illegal under state law;
486	486	(2) sales of cigarettes and nicotine products are
487	487	restricted to those individuals who provide verifiable proof of age
488	488	in accordance with Section 161.453; and
489	489	(3) cigarette sales are taxable under Chapter 154, Tax
490	490	Code, and an explanation of how that tax has been or is to be paid
491	491	with respect to the delivery sale.
492	492	SECTION 38. Section 161.455, Health and Safety Code, is
493	493	amended to read as follows:
494	494	Sec. 161.455. SHIPPING REQUIREMENTS. (a) A person who
495	495	mails or ships cigarettes or nicotine products in connection with a
496	496	delivery sale order shall:
497	497	(1) include as part of the shipping documents a clear
498	498	and conspicuous statement: "CIGARETTES AND NICOTINE PRODUCTS:
499	499	TEXAS LAW PROHIBITS SHIPPING TO INDIVIDUALS UNDER 18 YEARS OF AGE
500	500	AND REQUIRES THE PAYMENT OF ALL APPLICABLE TAXES";
501	501	(2) use a method of mailing or shipping that obligates
502	502	the delivery service to require:
503	503	(A) the purchaser placing the delivery sale
504	504	order, or an adult who is at least 18 years of age and who resides at
505	505	the purchaser's address, to sign to accept delivery of the shipping
506	506	container; and
507	507	(B) the person signing to accept delivery of the
508	508	shipping container to provide proof, in the form of a
509	509	government-issued identification bearing a photograph that the
510	510	person is:
511	511	(i) the addressee or an adult who is at
512	512	least 18 years of age and who resides at the purchaser's address;
513	513	and
514	514	(ii) at least 18 years of age if the person
515	515	appears to be younger than 27 years of age; and
516	516	(3) provide to the delivery service retained to make
517	517	the delivery evidence of full compliance with Section 161.457.
518	518	(b) A person taking a delivery sale order who delivers the
519	519	cigarettes or nicotine products without using a third-party
520	520	delivery service shall comply with the requirements prescribed by
521	521	this subchapter that apply to a delivery service.
522	522	SECTION 39. Section 161.456, Health and Safety Code, is
523	523	amended to read as follows:
524	524	Sec. 161.456. REGISTRATION AND REPORTING REQUIREMENTS. (a)
525	525	A person may not make a delivery sale or ship cigarettes or nicotine
526	526	products in connection with a delivery sale unless the person first
527	527	files with the comptroller a statement that includes:
528	528	(1) the person's name and trade name; and
529	529	(2) the address of the person's principal place of
530	530	business and any other place of business, and the person's
531	531	telephone number and e-mail address.
532	532	(b) Not later than the 10th day of each month, each person
533	533	who has made a delivery sale or shipped or delivered cigarettes or
534	534	nicotine products in connection with a delivery sale during the
535	535	previous month shall file with the comptroller a memorandum or a
536	536	copy of the invoice that provides for each delivery sale:
537	537	(1) the name, address, telephone number, and e-mail
538	538	address of the individual to whom the delivery sale was made;
539	539	(2) the brand or brands of the cigarettes or nicotine
540	540	products that were sold; and
541	541	(3) the quantity of cigarettes or nicotine products
542	542	that were sold.
543	543	(c) With respect to cigarettes, a [A] person who complies
544	544	with 15 U.S.C. Section 376, as amended, is considered to have
545	545	complied with this section.
546	546	SECTION 40. Section 161.461(a), Health and Safety Code, is
547	547	amended to read as follows:
548	548	(a) Cigarettes or nicotine products sold or that a person
549	549	attempted to sell in a delivery sale that does not comply with this
550	550	subchapter are forfeited to the state and shall be destroyed.
551	551	SECTION 41. Section 38.006, Education Code, is amended to
552	552	read as follows:
553	553	Sec. 38.006. NICOTINE PRODUCTS AND TOBACCO PRODUCTS ON
554	554	SCHOOL PROPERTY. (a) In this section, "nicotine product" has the
555	555	meaning assigned by Section 161.081, Health and Safety Code.
556	556	(b) The board of trustees of a school district shall:
557	557	(1) prohibit smoking or using nicotine products or
558	558	tobacco products at a school-related or school-sanctioned activity
559	559	on or off school property;
560	560	(2) prohibit students from possessing nicotine
561	561	products or tobacco products at a school-related or
562	562	school-sanctioned activity on or off school property; and
563	563	(3) ensure that school personnel enforce the policies
564	564	on school property.
565	565	SECTION 42. (a) The change in law made by this Act applies
566	566	only to the sale or distribution of nicotine products occurring on
567	567	or after October 1, 2015. The sale or distribution of nicotine
568	568	products occurring before October 1, 2015, is governed by the law in
569	569	effect immediately before that date, and that law is continued in
570	570	effect for that purpose.
571	571	(b) Sections 161.082(a) and 161.252(a), Health and Safety
572	572	Code, as amended by this Act, apply only to an offense committed on
573	573	or after October 1, 2015. An offense committed before that date is
574	574	governed by the law in effect on the date the offense was committed,
575	575	and the former law is continued in effect for that purpose. For
576	576	purposes of this subsection, an offense was committed before
577	577	October 1, 2015, if any element of the offense occurred before that
578	578	date.
579	579	SECTION 43. (a) The comptroller shall develop the sign
580	580	described by Section 161.084, Health and Safety Code, as amended by
581	581	this Act, and make the sign available to the public not later than
582	582	September 15, 2015.
583	583	(b) This section takes effect September 1, 2015.
584	584	SECTION 44. Except as otherwise provided by this Act, this
585	585	Act takes effect October 1, 2015.