Texas 2015 - 84th Regular

Texas Senate Bill SB648 Compare Versions

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

Old	New	Differences
1	1	84R962 KKR-D
2	2	By: Uresti, Hinojosa, Huffman S.B. No. 648
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the distribution, possession, purchase, consumption,
8	8	and receipt of cigarettes and tobacco products; providing
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 161.081, Health and Safety Code, is
12	12	amended by adding Subdivision (1-a) to read as follows:
13	13	(1-a) "Minor" means a person under 19 years of age.
14	14	SECTION 2. The heading to Section 161.082, Health and
15	15	Safety Code, is amended to read as follows:
16	16	Sec. 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO
17	17	PERSONS YOUNGER THAN 19 [18] YEARS OF AGE PROHIBITED; PROOF OF AGE
18	18	REQUIRED.
19	19	SECTION 3. Sections 161.082(a) and (e), Health and Safety
20	20	Code, are amended to read as follows:
21	21	(a) A person commits an offense if the person, with criminal
22	22	negligence:
23	23	(1) sells, gives, or causes to be sold or given a
24	24	cigarette or tobacco product to someone who is younger than 19 [18]
25	25	years of age; or
26	26	(2) sells, gives, or causes to be sold or given a
27	27	cigarette or tobacco product to another person who intends to
28	28	deliver it to someone who is younger than 19 [18] years of age.
29	29	(e) A proof of identification satisfies the requirements of
30	30	Subsection (d) if it contains a physical description and photograph
31	31	consistent with the person's appearance, purports to establish that
32	32	the person is 19 [18] years of age or older, and was issued by a
33	33	governmental agency. The proof of identification may include a
34	34	driver's license issued by this state or another state, a passport,
35	35	or an identification card issued by a state or the federal
36	36	government.
37	37	SECTION 4. Section 161.084(b), Health and Safety Code, is
38	38	amended to read as follows:
39	39	(b) The sign must include the statement:
40	40	PURCHASING OR ATTEMPTING TO PURCHASE TOBACCO PRODUCTS BY A
41	41	MINOR UNDER 19 [18] YEARS OF AGE IS PROHIBITED BY LAW. SALE OR
42	42	PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 19 [18] YEARS OF AGE
43	43	IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR,
44	44	INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE
45	45	REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY CALLING (insert
46	46	toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE.
47	47	SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR
48	48	WITH LOW BIRTH WEIGHT.
49	49	SECTION 5. Sections 161.085(a) and (b), Health and Safety
50	50	Code, are amended to read as follows:
51	51	(a) Each retailer shall notify each individual employed by
52	52	that retailer who is to be engaged in retail sales of cigarettes or
53	53	tobacco products that state law:
54	54	(1) prohibits the sale or distribution of cigarettes
55	55	or tobacco products to any person who is younger than 19 [18] years
56	56	of age as provided by Section 161.082 and that a violation of that
57	57	section is a Class C misdemeanor; and
58	58	(2) requires each person who sells cigarettes or
59	59	tobacco products at retail or by vending machine to post a warning
60	60	notice as provided by Section 161.084, requires each employee to
61	61	ensure that the appropriate sign is always properly displayed while
62	62	that employee is exercising the employee's duties, and provides
63	63	that a violation of Section 161.084 is a Class C misdemeanor.
64	64	(b) The notice required by this section [Subsection (a)]
65	65	must be provided within 72 hours of the date an individual begins to
66	66	engage in retail sales of cigarettes or tobacco products. The
67	67	individual shall signify that the individual has received the
68	68	notice required by this section [Subsection (a)] by signing a form
69	69	stating that the law has been fully explained, that the individual
70	70	understands the law, and that the individual, as a condition of
71	71	employment, agrees to comply with the law.
72	72	SECTION 6. Section 161.086(b), Health and Safety Code, is
73	73	amended to read as follows:
74	74	(b) Subsection (a) does not apply to:
75	75	(1) a facility or business that is not open to persons
76	76	younger than 19 [18] years of age at any time;
77	77	(2) that part of a facility or business that is a
78	78	humidor or other enclosure designed to store cigars in a
79	79	climate-controlled environment; or
80	80	(3) a premises for which a person holds a package store
81	81	permit issued under the Alcoholic Beverage Code.
82	82	SECTION 7. Sections 161.087(a) and (b), Health and Safety
83	83	Code, are amended to read as follows:
84	84	(a) A person may not distribute to persons younger than 19
85	85	[18] years of age:
86	86	(1) a free sample of a cigarette or tobacco product; or
87	87	(2) a coupon or other item that the recipient may use
88	88	to receive a free or discounted cigarette or tobacco product or a
89	89	sample cigarette or tobacco product.
90	90	(b) Except as provided by Subsection (c), a permit holder
91	91	may not accept or redeem, offer to accept or redeem, or hire a
92	92	person to accept or redeem a coupon or other item that the recipient
93	93	may use to receive a free or discounted cigarette or tobacco product
94	94	or a sample cigarette or tobacco product if the recipient is younger
95	95	than 19 [18] years of age. A coupon or other item that such a
96	96	recipient may use to receive a free or discounted cigarette or
97	97	tobacco product or a sample cigarette or tobacco product may not be
98	98	redeemable through mail or courier delivery.
99	99	SECTION 8. Sections 161.088(b) and (d), Health and Safety
100	100	Code, are amended to read as follows:
101	101	(b) The comptroller may make block grants to counties and
102	102	municipalities to be used by local law enforcement agencies to
103	103	enforce this subchapter in a manner that can reasonably be expected
104	104	to reduce the extent to which cigarettes and tobacco products are
105	105	sold or distributed to persons who are younger than 19 [18] years of
106	106	age. At least annually, random unannounced inspections shall be
107	107	conducted at various locations where cigarettes and tobacco
108	108	products are sold or distributed to ensure compliance with this
109	109	subchapter. The comptroller shall rely, to the fullest extent
110	110	possible, on local law enforcement agencies to enforce this
111	111	subchapter.
112	112	(d) The use of a person younger than 19 [18] years of age to
113	113	act as a minor decoy to test compliance with this subchapter shall
114	114	be conducted in a fashion that promotes fairness. A person may be
115	115	enlisted by the comptroller or a local law enforcement agency to act
116	116	as a minor decoy only if the following requirements are met:
117	117	(1) written parental consent is obtained for the use
118	118	of a person younger than 18 years of age to act as a minor decoy to
119	119	test compliance with this subchapter;
120	120	(2) at the time of the inspection, the minor decoy is
121	121	younger than 18 [17] years of age;
122	122	(3) the minor decoy has an appearance that would cause
123	123	a reasonably prudent seller of cigarettes or tobacco products to
124	124	request identification and proof of age;
125	125	(4) the minor decoy carries either the minor's own
126	126	identification showing the minor's correct date of birth or carries
127	127	no identification, and a minor decoy who carries identification
128	128	presents it on request to any seller of cigarettes or tobacco
129	129	products; and
130	130	(5) the minor decoy answers truthfully any questions
131	131	about the minor's age.
132	132	SECTION 9. Section 161.251, Health and Safety Code, is
133	133	amended by adding Subdivision (1-a) to read as follows:
134	134	(1-a) "Minor" means a person under 19 years of age.
135	135	SECTION 10. Sections 161.252(a), (b), and (c), Health and
136	136	Safety Code, are amended to read as follows:
137	137	(a) An individual who is younger than 19 [18] years of age
138	138	commits an offense if the individual:
139	139	(1) possesses, purchases, consumes, or accepts a
140	140	cigarette or tobacco product; or
141	141	(2) falsely represents himself or herself to be 19
142	142	[18] years of age or older by displaying proof of age that is false,
143	143	fraudulent, or not actually proof of the individual's own age in
144	144	order to obtain possession of, purchase, or receive a cigarette or
145	145	tobacco product.
146	146	(b) It is an exception to the application of this section
147	147	that the individual younger than 19 [18] years of age possessed the
148	148	cigarette or tobacco product in the presence of:
149	149	(1) an adult parent, a guardian, or a spouse of the
150	150	individual; or
151	151	(2) an employer of the individual, if possession or
152	152	receipt of the tobacco product is required in the performance of the
153	153	employee's duties as an employee.
154	154	(c) It is an exception to the application of this section
155	155	that the individual younger than 19 [18] years of age is
156	156	participating in an inspection or test of compliance in accordance
157	157	with Section 161.088.
158	158	SECTION 11. Section 161.452(b), Health and Safety Code, is
159	159	amended to read as follows:
160	160	(b) A person taking a delivery sale order shall comply with:
161	161	(1) the age verification requirements prescribed by
162	162	Section 161.453;
163	163	(2) the disclosure requirements prescribed by Section
164	164	161.454;
165	165	(3) [the shipping requirements prescribed by Section
166	166	161.455;
167	167	[(4)] the registration and reporting requirements
168	168	prescribed by Section 161.456;
169	169	(4) [(5)] the tax collection requirements prescribed
170	170	by Section 161.457; and
171	171	(5) [(6)] each law of this state that generally
172	172	applies to sales of cigarettes that occur entirely within this
173	173	state, including a law:
174	174	(A) imposing a tax; or
175	175	(B) prescribing a permitting or tax-stamping
176	176	requirement.
177	177	SECTION 12. Section 161.453(a), Health and Safety Code, is
178	178	amended to read as follows:
179	179	(a) A person may not mail or ship cigarettes in connection
180	180	with a delivery sale order unless before mailing or shipping the
181	181	cigarettes the person accepting the delivery sale order first:
182	182	(1) obtains from the prospective customer a
183	183	certification that includes:
184	184	(A) reliable confirmation that the purchaser is
185	185	at least 19 [18] years of age; and
186	186	(B) a statement signed by the prospective
187	187	purchaser in writing and under penalty of law:
188	188	(i) certifying the prospective purchaser's
189	189	address and date of birth;
190	190	(ii) confirming that the prospective
191	191	purchaser understands that signing another person's name to the
192	192	certification is illegal, that sales of cigarettes to an individual
193	193	under the age prescribed by Section 161.082 are illegal under state
194	194	law, and that the purchase of cigarettes by an individual under that
195	195	age is illegal under state law; and
196	196	(iii) confirming that the prospective
197	197	purchaser wants to receive mailings from a tobacco company;
198	198	(2) makes a good faith effort to verify the
199	199	information contained in the certification provided by the
200	200	prospective purchaser under Subdivision (1) against a commercially
201	201	available database or obtains a photocopy or other image of a
202	202	government-issued identification bearing a photograph of the
203	203	prospective purchaser and stating the date of birth or age of the
204	204	prospective purchaser;
205	205	(3) sends to the prospective purchaser, by e-mail or
206	206	other means, a notice that complies with Section 161.454; and
207	207	(4) for an order made over the Internet or as a result
208	208	of an advertisement, receives payment for the delivery sale from
209	209	the prospective purchaser by a credit or debit card that has been
210	210	issued in the purchaser's name or by check.
211	211	SECTION 13. Section 161.455, Health and Safety Code, is
212	212	repealed.
213	213	SECTION 14. (a) The changes in law made by this Act to
214	214	Subchapters H, N, and R, Chapter 161, Health and Safety Code, apply
215	215	only to an offense committed on or after the effective date of this
216	216	Act. For purposes of this section, an offense is committed before
217	217	the effective date of this Act if any element of the offense occurs
218	218	before that date.
219	219	(b) An offense committed before the effective date of this
220	220	Act is covered by the law in effect when the offense was committed,
221	221	and the former law is continued in effect for that purpose.
222	222	SECTION 15. This Act takes effect September 1, 2015.