Texas 2015 - 84th Regular

Texas Senate Bill SB97 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R28078 SCL-D
2		-	By: Hinojosa, et al. S.B. No. 97
3		-	(Alvarado, Collier, Guillen, Isaac, Paddie, et al.)
4		-	Substitute the following for S.B. No. 97: No.
	1	+	S.B. No. 97
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to regulation of the sale, distribution, possession, use,
10		-	and advertising of e-cigarettes, cigarettes, and tobacco products.
	6	+	and advertising of e-cigarettes, cigarettes, and tobacco products;
	7	+	amending provisions subject to a criminal penalty.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. The heading to Subchapter H, Chapter 161, Health
13	10		and Safety Code, is amended to read as follows:
14		-	SUBCHAPTER H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR ~~TOBACCO~~
15		-	PRODUCTS
	11	+	SUBCHAPTER H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR
	12	+	TOBACCO PRODUCTS
16	13		SECTION 2. Section 161.081, Health and Safety Code, is
17	14		amended by adding Subdivision (1-a) and amending Subdivisions (3)
18	15		and (4) to read as follows:
19	16		(1-a) "E-cigarette" means an electronic cigarette or
20	17		any other device that simulates smoking by using a mechanical
21	18		heating element, battery, or electronic circuit to deliver nicotine
22	19		or other substances to the individual inhaling from the device. The
23	20		term does not include a prescription medical device unrelated to
24	21		the cessation of smoking. The term includes:
25	22		(A) a device described by this subdivision
26	23		regardless of whether the device is manufactured, distributed, or
27	24		sold as an e-cigarette, e-cigar, or e-pipe or under another product
28	25		name or description; and
29	26		(B) a component, part, or accessory for the
30	27		device, regardless of whether the component, part, or accessory is
31	28		sold separately from the device.
32	29		(3) "Retail sale" means a transfer of possession from
33	30		a retailer to a consumer in connection with a purchase, sale, or
34	31		exchange for value of cigarettes, e-cigarettes, or tobacco
35	32		products.
36	33		(4) "Retailer" means a person who engages in the
37	34		practice of selling cigarettes, e-cigarettes, or tobacco products
38	35		to consumers and includes the owner of a coin-operated cigarette,
39	36		e-cigarette, or tobacco product vending machine. The term includes
40	37		a retailer as that term is defined [has the meaning assigned] by
41	38		Section 154.001 or 155.001, Tax Code, as applicable.
42	39		SECTION 3. The heading to Section 161.082, Health and
43	40		Safety Code, is amended to read as follows:
44	41		Sec. 161.082. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO
45	42		PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF
46	43		OF AGE REQUIRED.
47	44		SECTION 4. Sections 161.082(a), (b), and (d), Health and
48	45		Safety Code, are amended to read as follows:
49	46		(a) A person commits an offense if the person, with criminal
50	47		negligence:
51	48		(1) sells, gives, or causes to be sold or given a
52	49		cigarette, e-cigarette, or tobacco product to someone who is
53	50		younger than 18 years of age; or
54	51		(2) sells, gives, or causes to be sold or given a
55	52		cigarette, e-cigarette, or tobacco product to another person who
56	53		intends to deliver it to someone who is younger than 18 years of
57	54		age.
58	55		(b) If an offense under this section occurs in connection
59	56		with a sale by an employee of the owner of a store in which
60	57		cigarettes, e-cigarettes, or tobacco products are sold at retail,
61	58		the employee is criminally responsible for the offense and is
62	59		subject to prosecution.
63	60		(d) It is a defense to prosecution under Subsection (a)(1)
64	61		that the person to whom the cigarette, e-cigarette, or tobacco
65	62		product was sold or given presented to the defendant apparently
66	63		valid proof of identification.
67	64		SECTION 5. Section 161.0825(e), Health and Safety Code, is
68	65		amended to read as follows:
69	66		(e) It is an affirmative defense to prosecution under
70	67		Section 161.082 that:
71	68		(1) a transaction scan device identified a license or
72	69		certificate as valid and the defendant accessed the information and
73	70		relied on the results in good faith; or
74	71		(2) if the defendant is the owner of a store in which
75	72		cigarettes, e-cigarettes, or tobacco products are sold at retail,
76	73		the offense under Section 161.082 occurs in connection with a sale
77	74		by an employee of the owner, and the owner had provided the employee
78	75		with:
79	76		(A) a transaction scan device in working
80	77		condition; and
81	78		(B) adequate training in the use of the
82	79		transaction scan device.
83	80		SECTION 6. The heading to Section 161.083, Health and
84	81		Safety Code, is amended to read as follows:
85	82		Sec. 161.083. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO
86	83		PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE.
87	84		SECTION 7. Section 161.083, Health and Safety Code, is
88	85		amended by adding Subsection (a-1) and amending Subsections (b) and
89	86		(c) to read as follows:
90	87		(a-1) A person may not sell, give, or cause to be sold or
91	88		given an e-cigarette to someone who is younger than 27 years of age
92	89		unless the person to whom the e-cigarette was sold or given presents
93	90		an apparently valid proof of identification.
94	91		(b) A retailer shall adequately supervise and train the
95	92		retailer's agents and employees to prevent a violation of
96	93		Subsections [Subsection] (a) and (a-1).
97	94		(c) A proof of identification described by Section
98	95		161.082(e) satisfies the requirements of Subsections [Subsection]
99	96		(a) and (a-1).
100	97		SECTION 8. Sections 161.084(a), (b), and (d), Health and
101	98		Safety Code, are amended to read as follows:
102	99		(a) Each person who sells cigarettes, e-cigarettes, or
103	100		tobacco products at retail or by vending machine shall post a sign
104	101		in a location that is conspicuous to all employees and customers and
105	102		that is close to the place at which the cigarettes, e-cigarettes, or
106	103		tobacco products may be purchased.
107	104		(b) The sign must include the statement:
108	105		PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO
109		-	PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
110		-	~~LAW. SALE~~ OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A
111		-	~~MINOR UNDER 18~~ YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION,
112		-	~~A CLASS C~~ MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE
113		-	~~IMPOSED.~~ VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S
114		-	~~OFFICE BY~~ CALLING (insert toll-free telephone number). PREGNANT
115		-	~~WOMEN SHOULD~~ NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO
116		-	~~ARE BORN~~ PREMATURE OR WITH LOW BIRTH WEIGHT.
	106	+	PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE
	107	+	OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A MINOR UNDER 18
	108	+	YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C
	109	+	MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED.
	110	+	VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY
	111	+	CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD
	112	+	NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN
	113	+	PREMATURE OR WITH LOW BIRTH WEIGHT.
117	114		(d) The comptroller on request shall provide the sign
118	115		without charge to any person who sells cigarettes, e-cigarettes, or
119	116		tobacco products. The comptroller may provide the sign without
120	117		charge to distributors of cigarettes, e-cigarettes, or tobacco
121	118		products or wholesale dealers of cigarettes, e-cigarettes, or
122	119		tobacco products in this state for distribution to persons who sell
123	120		cigarettes, e-cigarettes, or tobacco products. A distributor or
124	121		wholesale dealer may not charge for distributing a sign under this
125	122		subsection.
126	123		SECTION 9. Sections 161.085(a) and (b), Health and Safety
127	124		Code, are amended to read as follows:
128	125		(a) Each retailer shall notify each individual employed by
129	126		that retailer who is to be engaged in retail sales of cigarettes,
130	127		e-cigarettes, or tobacco products that state law:
131	128		(1) prohibits the sale or distribution of cigarettes,
132	129		e-cigarettes, or tobacco products to any person who is younger than
133	130		18 years of age as provided by Section 161.082 and that a violation
134	131		of that section is a Class C misdemeanor; and
135	132		(2) requires each person who sells cigarettes,
136	133		e-cigarettes, or tobacco products at retail or by vending machine
137	134		to post a warning notice as provided by Section 161.084, requires
138	135		each employee to ensure that the appropriate sign is always
139	136		properly displayed while that employee is exercising the employee's
140	137		duties, and provides that a violation of Section 161.084 is a Class
141	138		C misdemeanor.
142	139		(b) The notice required by Subsection (a) must be provided
143	140		within 72 hours of the date an individual begins to engage in retail
144	141		sales of e-cigarettes or tobacco products. The individual shall
145	142		signify that the individual has received the notice required by
146	143		Subsection (a) by signing a form stating that the law has been fully
147	144		explained, that the individual understands the law, and that the
148	145		individual, as a condition of employment, agrees to comply with the
149	146		law.
150	147		SECTION 10. Section 161.086(a), Health and Safety Code, is
151	148		amended to read as follows:
152	149		(a) Except as provided by Subsection (b), a retailer or
153	150		other person may not:
154	151		(1) offer cigarettes, e-cigarettes, or tobacco
155	152		products for sale in a manner that permits a customer direct access
156	153		to the cigarettes, e-cigarettes, or tobacco products; or
157	154		(2) install or maintain a vending machine containing
158	155		cigarettes, e-cigarettes, or tobacco products.
159	156		SECTION 11. The heading to Section 161.087, Health and
160	157		Safety Code, is amended to read as follows:
161	158		Sec. 161.087. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR
162	159		TOBACCO PRODUCTS.
163	160		SECTION 12. Sections 161.087(a) and (b), Health and Safety
164	161		Code, are amended to read as follows:
165	162		(a) A person may not distribute to persons younger than 18
166	163		years of age:
167	164		(1) a free sample of a cigarette, e-cigarette, or
168	165		tobacco product; or
169	166		(2) a coupon or other item that the recipient may use
170	167		to receive a free or discounted cigarette, e-cigarette, or tobacco
171	168		product or a sample cigarette, e-cigarette, or tobacco product.
172	169		(b) Except as provided by Subsection (c), a person,
173	170		including a permit holder, may not accept or redeem, offer to accept
174	171		or redeem, or hire a person to accept or redeem a coupon or other
175	172		item that the recipient may use to receive a free or discounted
176	173		cigarette, e-cigarette, or tobacco product or a sample cigarette,
177	174		e-cigarette, or tobacco product if the recipient is younger than 18
178	175		years of age. A coupon or other item that such a recipient may use
179	176		to receive a free or discounted cigarette, e-cigarette, or tobacco
180	177		product or a sample cigarette, e-cigarette, or tobacco product may
181	178		not be redeemable through mail or courier delivery.
182	179		SECTION 13. Subchapter H, Chapter 161, Health and Safety
183	180		Code, is amended by adding Section 161.0875 to read as follows:
184	181		Sec. 161.0875. SALE OF E-CIGARETTE NICOTINE CONTAINERS.
185	182		(a) A person may not sell or cause to be sold a container that
186	183		contains liquid with nicotine and that is an accessory for an
187	184		e-cigarette unless:
188	185		(1) the container satisfies the child-resistant
189	186		effectiveness standards under 16 C.F.R. Section 1700.15(b)(1) when
190	187		tested in accordance with the method described by 16 C.F.R. Section
191	188		1700.20; or
192	189		(2) the container is a cartridge that is prefilled and
193	190		sealed by the manufacturer and is not intended to be opened by a
194	191		consumer.
195	192		(b) If the federal government adopts standards for the
196	193		packaging of a container described by Subsection (a), a person who
197	194		complies with those standards is considered to be in compliance
198	195		with this section.
199	196		SECTION 14. Sections 161.088(b) and (d), Health and Safety
200	197		Code, are amended to read as follows:
201	198		(b) The comptroller may make block grants to counties and
202	199		municipalities to be used by local law enforcement agencies to
203	200		enforce this subchapter and Subchapter R in a manner that can
204	201		reasonably be expected to reduce the extent to which cigarettes,
205	202		e-cigarettes, and tobacco products are sold or distributed,
206	203		including by delivery sale, to persons who are younger than 18
207	204		years of age. At least annually, random unannounced inspections
208	205		shall be conducted at various locations where cigarettes,
209	206		e-cigarettes, and tobacco products are sold or distributed,
210	207		including by delivery sale, to ensure compliance with this
211	208		subchapter and Subchapter R. The comptroller shall rely, to the
212	209		fullest extent possible, on local law enforcement agencies to
213	210		enforce this subchapter and Subchapter R.
214	211		(d) The use of a person younger than 18 years of age to act
215	212		as a minor decoy to test compliance with this subchapter and
216	213		Subchapter R shall be conducted in a fashion that promotes
217	214		fairness. A person may be enlisted by the comptroller or a local
218	215		law enforcement agency to act as a minor decoy only if the following
219	216		requirements are met:
220	217		(1) written parental consent is obtained for the use
221	218		of a person younger than 18 years of age to act as a minor decoy to
222	219		test compliance with this subchapter and Subchapter R;
223	220		(2) at the time of the inspection, order, or delivery,
224	221		the minor decoy is younger than 17 years of age;
225	222		(3) the minor decoy has an appearance that would cause
226	223		a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco
227	224		products to request identification and proof of age;
228	225		(4) the minor decoy carries either the minor's own
229	226		identification showing the minor's correct date of birth or carries
230	227		no identification, and a minor decoy who carries identification
231	228		presents it on request to any seller of or any person who delivers
232	229		cigarettes, e-cigarettes, or tobacco products; and
233	230		(5) the minor decoy answers truthfully any questions
234	231		about the minor's age at the time of the inspection, order, or
235	232		delivery.
236	233		SECTION 15. Subchapter H, Chapter 161, Health and Safety
237	234		Code, is amended by adding Section 161.0902 to read as follows:
238	235		Sec. 161.0902. E-CIGARETTE REPORT. (a) Not later than
239	236		January 5th of each odd-numbered year, the department shall report
240	237		to the governor, lieutenant governor, and speaker of the house of
241	238		representatives on the status of the use of e-cigarettes in this
242	239		state.
243	240		(b) The report must include, at a minimum:
244	241		(1) a baseline of statistics and analysis regarding
245	242		retail compliance with this subchapter and Subchapter R;
246	243		(2) a baseline of statistics and analysis regarding
247	244		illegal e-cigarette sales, including:
248	245		(A) sales to minors;
249	246		(B) enforcement actions concerning minors; and
250	247		(C) sources of citations;
251	248		(3) e-cigarette controls and initiatives by the
252	249		department, or any other state agency, including an evaluation of
253	250		the effectiveness of the controls and initiatives;
254	251		(4) the future goals and plans of the department to
255	252		decrease the use of e-cigarettes;
256	253		(5) the educational programs of the department and the
257	254		effectiveness of those programs; and
258	255		(6) the incidence of use of e-cigarettes by regions in
259	256		this state, including use of e-cigarettes by ethnicity.
260	257		(c) The department may include the report required by this
261	258		section with a similar report for cigarettes or tobacco products
262	259		required by law.
263	260		SECTION 16. The heading to Subchapter N, Chapter 161,
264	261		Health and Safety Code, is amended to read as follows:
265	262		SUBCHAPTER N. E-CIGARETTE AND TOBACCO USE BY MINORS
266	263		SECTION 17. Section 161.251, Health and Safety Code, is
267	264		amended by adding Subdivision (1-a) to read as follows:
268	265		(1-a) "E-cigarette" has the meaning assigned by
269	266		Section 161.081.
270	267		SECTION 18. The heading to Section 161.252, Health and
271	268		Safety Code, is amended to read as follows:
272	269		Sec. 161.252. POSSESSION, PURCHASE, CONSUMPTION, OR
273	270		RECEIPT OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY MINORS
274	271		PROHIBITED.
275	272		SECTION 19. Sections 161.252(a) and (b), Health and Safety
276	273		Code, are amended to read as follows:
277	274		(a) An individual who is younger than 18 years of age
278	275		commits an offense if the individual:
279	276		(1) possesses, purchases, consumes, or accepts a
280	277		cigarette, e-cigarette, or tobacco product; or
281	278		(2) falsely represents himself or herself to be 18
282	279		years of age or older by displaying proof of age that is false,
283	280		fraudulent, or not actually proof of the individual's own age in
284	281		order to obtain possession of, purchase, or receive a cigarette,
285	282		e-cigarette, or tobacco product.
286	283		(b) It is an exception to the application of this section
287	284		that the individual younger than 18 years of age possessed the
288	285		cigarette, e-cigarette, or tobacco product in the presence of:
289	286		(1) an adult parent, a guardian, or a spouse of the
290	287		individual; or
291	288		(2) an employer of the individual, if possession or
292	289		receipt of the e-cigarette or tobacco product is required in the
293	290		performance of the employee's duties as an employee.
294	291		SECTION 20. The heading to Section 161.253, Health and
295	292		Safety Code, is amended to read as follows:
296	293		Sec. 161.253. E-CIGARETTE AND TOBACCO AWARENESS PROGRAM;
297	294		COMMUNITY SERVICE.
298	295		SECTION 21. Sections 161.253(a), (b), (c), (d), and (e),
299	296		Health and Safety Code, are amended to read as follows:
300	297		(a) On conviction of an individual for an offense under
301	298		Section 161.252, the court shall suspend execution of sentence and
302	299		shall require the defendant to attend an e-cigarette and [a]
303	300		tobacco awareness program approved by the commissioner. The court
304	301		may require the parent or guardian of the defendant to attend the
305	302		e-cigarette and tobacco awareness program with the defendant.
306	303		(b) On request, an e-cigarette and [a] tobacco awareness
307	304		program may be taught in languages other than English.
308	305		(c) If the defendant resides in a rural area of this state or
309	306		another area of this state in which access to an e-cigarette and [a]
310	307		tobacco awareness program is not readily available, the court shall
311	308		require the defendant to perform eight to 12 hours of e-cigarette-
312	309		and tobacco-related community service instead of attending the
313	310		e-cigarette and tobacco awareness program.
314	311		(d) The e-cigarette and tobacco awareness program and the
315	312		e-cigarette- and tobacco-related community service are remedial
316	313		and are not punishment.
317	314		(e) Not later than the 90th day after the date of a
318	315		conviction under Section 161.252, the defendant shall present to
319	316		the court, in the manner required by the court, evidence of
320	317		satisfactory completion of the e-cigarette and tobacco awareness
321	318		program or the e-cigarette- and tobacco-related community service.
322	319		SECTION 22. Section 161.255(a), Health and Safety Code, is
323	320		amended to read as follows:
324	321		(a) An individual convicted of an offense under Section
325	322		161.252 may apply to the court to have the conviction expunged. If
326	323		the court finds that the individual satisfactorily completed the
327	324		e-cigarette and tobacco awareness program or e-cigarette- and
328	325		tobacco-related community service ordered by the court, the court
329	326		shall order the conviction and any complaint, verdict, sentence, or
330	327		other document relating to the offense to be expunged from the
331	328		individual's record and the conviction may not be shown or made
332	329		known for any purpose.
333	330		SECTION 23. Section 161.256, Health and Safety Code, is
334	331		amended to read as follows:
335	332		Sec. 161.256. JURISDICTION OF COURTS. A justice court or
336	333		municipal court may exercise jurisdiction over any matter in which
337	334		a court under this subchapter may:
338	335		(1) impose a requirement that a defendant attend an
339	336		e-cigarette and [a] tobacco awareness program or perform
340	337		e-cigarette- and tobacco-related community service; or
341	338		(2) order the suspension or denial of a driver's
342	339		license or permit.
343	340		SECTION 24. The heading to Subchapter O, Chapter 161,
344	341		Health and Safety Code, is amended to read as follows:
345	342		SUBCHAPTER O. PREVENTION OF TOBACCO AND E-CIGARETTE USE BY MINORS
346	343		SECTION 25. The heading to Section 161.301, Health and
347	344		Safety Code, is amended to read as follows:
348	345		Sec. 161.301. TOBACCO AND E-CIGARETTE USE PUBLIC AWARENESS
349	346		CAMPAIGN.
350	347		SECTION 26. Section 161.301(a), Health and Safety Code, as
351	348		amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
352	349		2015, is amended to read as follows:
353	350		(a) The department shall develop and implement a public
354	351		awareness campaign designed to reduce the [tobacco] use by minors
355	352		in this state of tobacco and e-cigarettes as defined by Section
356	353		161.081. The campaign may use advertisements or similar media to
357	354		provide educational information about tobacco and e-cigarette use.
358	355		SECTION 27. Section 161.302(a), Health and Safety Code, is
359	356		amended to read as follows:
360	357		(a) The entity administering Section 161.301 shall also
361	358		develop and implement a grant program to support youth groups that
362	359		include as a part of the group's program components related to
363	360		reduction of [tobacco] use by the group's members of tobacco and
364	361		e-cigarettes as defined by Section 161.081.
365	362		SECTION 28. Subchapter P, Chapter 161, Health and Safety
366	363		Code, is amended by adding Section 161.356 to read as follows:
367	364		Sec. 161.356. COMPLIANCE WITH FEDERAL LAW. A person is
368	365		considered to have complied with this subchapter if the person
369	366		complies with Subchapter IX of 21 U.S.C. Chapter 9 and rules adopted
370	367		under that subchapter.
371	368		SECTION 29. The heading to Subchapter R, Chapter 161,
372	369		Health and Safety Code, is amended to read as follows:
373	370		SUBCHAPTER R. DELIVERY SALES OF CIGARETTES AND E-CIGARETTES
374	371		SECTION 30. Section 161.451, Health and Safety Code, is
375	372		amended by amending Subdivisions (1) and (3) and adding Subdivision
376	373		(2-a) to read as follows:
377	374		(1) "Delivery sale" means a sale of cigarettes or
378	375		e-cigarettes to a consumer in this state in which the purchaser
379	376		submits the order for the sale by means of a telephonic or other
380	377		method of voice transmission, by using the mails or any other
381	378		delivery service, or through the Internet or another on-line
382	379		service, or the cigarettes or e-cigarettes are delivered by use of
383	380		the mails or another delivery service. A sale of cigarettes or
384	381		e-cigarettes is a delivery sale regardless of whether the seller is
385	382		located within or without this state. A sale of cigarettes or
386	383		e-cigarettes not for personal consumption to a person who is a
387	384		wholesale dealer or a retail dealer is not a delivery sale.
388	385		(2-a) "E-cigarette" has the meaning assigned by
389	386		Section 161.081.
390	387		(3) "Shipping container" means a container in which
391	388		cigarettes or e-cigarettes are shipped in connection with a
392	389		delivery sale.
393	390		SECTION 31. Section 161.452, Health and Safety Code, is
394	391		amended to read as follows:
395	392		Sec. 161.452. REQUIREMENTS FOR DELIVERY SALES. (a) A
396	393		person may not make a delivery sale of cigarettes or e-cigarettes to
397	394		an individual who is under the age prescribed by Section 161.082.
398	395		(b) A person taking a delivery sale order of cigarettes
399	396		shall comply with:
400	397		(1) the age verification requirements prescribed by
401	398		Section 161.453;
402	399		(2) the disclosure requirements prescribed by Section
403	400		161.454;
404	401		(3) the shipping requirements prescribed by Section
405	402		161.455;
406	403		(4) the registration and reporting requirements
407	404		prescribed by Section 161.456;
408	405		(5) the tax collection requirements prescribed by
409	406		Section 161.457; and
410	407		(6) each law of this state that generally applies to
411	408		sales of cigarettes that occur entirely within this state,
412	409		including a law:
413	410		(A) imposing a tax; or
414	411		(B) prescribing a permitting or tax-stamping
415	412		requirement.
416	413		(c) A person taking a delivery sale order of e-cigarettes
417	414		shall comply with:
418	415		(1) the age verification requirements prescribed by
419	416		Section 161.453;
420	417		(2) the disclosure requirements prescribed by Section
421	418		161.454;
422	419		(3) the shipping requirements prescribed by Section
423	420		161.455;
424	421		(4) the registration and reporting requirements
425	422		prescribed by Section 161.456; and
426	423		(5) each law of this state that generally applies to
427	424		sales of e-cigarettes that occur entirely within this state.
428	425		SECTION 32. Section 161.453, Health and Safety Code, is
429	426		amended by adding Subsections (c) and (d) to read as follows:
430	427		(c) A person may not mail or ship e-cigarettes in connection
431	428		with a delivery sale order unless before accepting a delivery sale
432	429		order the person verifies that the prospective purchaser is at
433	430		least 18 years of age through a commercially available database or
434	431		aggregate of databases that is regularly used for the purpose of age
435	432		and identity verification. After the order is accepted, the person
436	433		must use a method of mailing or shipping that requires an adult
437	434		signature.
438	435		(d) A retailer in this state that otherwise complies with
439	436		applicable laws relating to retail sales and primarily sells
440	437		e-cigarettes may comply with Subsection (c) by:
441	438		(1) verifying the age of the prospective purchaser
442	439		with a commercially available database or a photocopy or other
443	440		image of a government-issued identification bearing a photograph of
444	441		the prospective purchaser and stating the date of birth or age of
445	442		the prospective purchaser;
446	443		(2) obtaining a written statement signed by the
447	444		prospective purchaser, under penalty of law, certifying the
448	445		prospective purchaser's address and date of birth; and
449	446		(3) receiving payment for the delivery sale from the
450	447		prospective purchaser by a credit card or debit card that has been
451	448		issued in the prospective purchaser's name or by a check that is
452	449		associated with a bank account in the prospective purchaser's name.
453	450		SECTION 33. Section 161.454, Health and Safety Code, is
454	451		amended to read as follows:
455	452		Sec. 161.454. DISCLOSURE REQUIREMENTS. (a) The notice
456	453		required by Section 161.453(a)(3) for a delivery sale of cigarettes
457	454		must include a prominent and clearly legible statement that:
458	455		(1) cigarette sales to individuals who are below the
459	456		age prescribed by Section 161.082 are illegal under state law;
460	457		(2) sales of cigarettes are restricted to those
461	458		individuals who provide verifiable proof of age in accordance with
462	459		Section 161.453; and
463	460		(3) cigarette sales are taxable under Chapter 154, Tax
464	461		Code, and an explanation of how that tax has been or is to be paid
465	462		with respect to the delivery sale.
466	463		(b) A delivery sale of an e-cigarette must include a
467	464		prominent and clearly legible statement that:
468	465		(1) e-cigarette sales to individuals younger than the
469	466		age prescribed by Section 161.082 are illegal under state law; and
470	467		(2) e-cigarette sales are restricted to individuals
471	468		who provide verifiable proof of age in accordance with Section
472	469		161.453.
473	470		SECTION 34. Section 161.455, Health and Safety Code, is
474	471		amended by adding Subsection (a-1) and amending Subsection (b) to
475	472		read as follows:
476	473		(a-1) A person who mails or ships e-cigarettes in connection
477	474		with a delivery sale order shall include as part of the shipping
478	475		documents a clear and conspicuous statement: "E-CIGARETTES: TEXAS
479	476		LAW PROHIBITS SHIPPING TO INDIVIDUALS YOUNGER THAN 18 YEARS OF AGE
480	477		AND REQUIRES PAYMENT OF ALL APPLICABLE TAXES."
481	478		(b) A person taking a delivery sale order who delivers the
482	479		cigarettes or e-cigarettes without using a third-party delivery
483	480		service shall comply with the delivery requirements prescribed by
484	481		this subchapter that apply to a delivery service.
485	482		SECTION 35. Section 161.456, Health and Safety Code, is
486	483		amended to read as follows:
487		-	Sec. 161.456. REGISTRATION AND REPORTING REQUIREMENTS. ~~(a)~~
488		-	A person may not make a delivery sale or ship cigarettes or
	484	+	Sec. 161.456. REGISTRATION AND REPORTING REQUIREMENTS.
	485	+	(a) A person may not make a delivery sale or ship cigarettes or
489	486		e-cigarettes in connection with a delivery sale unless the person
490	487		first files with the comptroller a statement that includes:
491	488		(1) the person's name and trade name; and
492	489		(2) the address of the person's principal place of
493	490		business and any other place of business, and the person's
494	491		telephone number and e-mail address.
495	492		(b) Except as provided by Subsection (d), not [Not] later
496	493		than the 10th day of each month, each person who has made a delivery
497	494		sale or shipped or delivered cigarettes or e-cigarettes in
498	495		connection with a delivery sale during the previous month shall
499	496		file with the comptroller a memorandum or a copy of the invoice that
500	497		provides for each delivery sale:
501	498		(1) the name, address, telephone number, and e-mail
502	499		address of the individual to whom the delivery sale was made;
503	500		(2) the brand or brands of the cigarettes or
504	501		e-cigarettes that were sold; and
505	502		(3) the quantity of cigarettes or e-cigarettes that
506	503		were sold.
507	504		(c) With respect to cigarettes, a [A] person who complies
508	505		with 15 U.S.C. Section 376, as amended, is considered to have
509	506		complied with this section.
510	507		(d) A person is exempt from the requirement of filing with
511	508		the comptroller a memorandum or a copy of an invoice under
512	509		Subsection (b) if, in the two years preceding the date the report is
513	510		due, the person has not violated this subchapter and has not been
514	511		reported under Section 161.090 to the comptroller as having
515	512		violated Subchapter H.
516	513		(e) A person required to submit a memorandum or a copy of an
517	514		invoice under Subsection (b) shall submit a memorandum or a copy of
518	515		an invoice to the comptroller for each delivery sale of a cigarette
519	516		or e-cigarette in the previous two years unless the person has
520	517		previously submitted the memorandum or copy to the comptroller.
521	518		(f) A person shall maintain records of compliance with this
522	519		section until at least the fourth anniversary of the date the record
523	520		was prepared.
524	521		SECTION 36. Section 161.461(a), Health and Safety Code, is
525	522		amended to read as follows:
526	523		(a) Cigarettes or e-cigarettes sold or that a person
527	524		attempted to sell in a delivery sale that does not comply with this
528	525		subchapter are forfeited to the state and shall be destroyed.
529	526		SECTION 37. Section 28.004(k), Education Code, is amended
530	527		to read as follows:
531	528		(k) A school district shall publish in the student handbook
532	529		and post on the district's Internet website, if the district has an
533	530		Internet website:
534	531		(1) a statement of the policies adopted to ensure that
535	532		elementary school, middle school, and junior high school students
536	533		engage in at least the amount and level of physical activity
537	534		required by Section 28.002(l);
538	535		(2) a statement of:
539	536		(A) the number of times during the preceding year
540	537		the district's school health advisory council has met;
541	538		(B) whether the district has adopted and enforces
542	539		policies to ensure that district campuses comply with agency
543	540		vending machine and food service guidelines for restricting student
544	541		access to vending machines; and
545	542		(C) whether the district has adopted and enforces
546	543		policies and procedures that prescribe penalties for the use of
547	544		e-cigarettes, as defined by Section 38.006, and tobacco products by
548	545		students and others on school campuses or at school-sponsored or
549	546		school-related activities; and
550	547		(3) a statement providing notice to parents that they
551	548		can request in writing their child's physical fitness assessment
552	549		results at the end of the school year.
553	550		SECTION 38. Section 38.006, Education Code, is amended to
554	551		read as follows:
555	552		Sec. 38.006. E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL
556	553		PROPERTY. (a) In this section, "e-cigarette" has the meaning
557	554		assigned by Section 161.081, Health and Safety Code.
558	555		(b) The board of trustees of a school district shall:
559	556		(1) prohibit smoking or using e-cigarettes or tobacco
560	557		products at a school-related or school-sanctioned activity on or
561	558		off school property;
562	559		(2) prohibit students from possessing e-cigarettes or
563	560		tobacco products at a school-related or school-sanctioned activity
564	561		on or off school property; and
565	562		(3) ensure that school personnel enforce the policies
566	563		on school property.
567	564		SECTION 39. Section 48.01, Penal Code, is amended by
568	565		amending Subsections (a), (c), (d), and (e) and adding Subsection
569	566		(a-1) to read as follows:
570	567		(a) In this section, "e-cigarette" has the meaning assigned
571	568		by Section 161.081, Health and Safety Code.
572	569		(a-1) A person commits an offense if the person [he] is in
573	570		possession of a burning tobacco product, [or] smokes tobacco, or
574	571		operates an e-cigarette in a facility of a public primary or
575	572		secondary school or an elevator, enclosed theater or movie house,
576	573		library, museum, hospital, transit system bus, [or] intrastate bus,
577	574		[as defined by Section 541.201, Transportation Code,] plane, or
578	575		train which is a public place.
579	576		(c) All conveyances and public places set out in Subsection
580	577		(a-1) [(a) of Section 48.01] shall be equipped with facilities for
581	578		extinguishment of smoking materials and it shall be a defense to
582	579		prosecution under this section if the conveyance or public place
583	580		within which the offense takes place is not so equipped.
584	581		(d) It is an exception to the application of Subsection
585	582		(a-1) [(a)] if the person is in possession of the burning tobacco
586	583		product, [or] smokes tobacco, or operates the e-cigarette
587	584		exclusively within an area designated for smoking tobacco or
588	585		operating an e-cigarette or as a participant in an authorized
589	586		theatrical performance.
590	587		(e) An area designated for smoking tobacco or operating an
591	588		e-cigarette on a transit system bus or intrastate plane or train
592	589		must also include the area occupied by the operator of the transit
593	590		system bus, plane, or train.
594	591		SECTION 40. Sections 161.082(a) and 161.252(a), Health and
595	592		Safety Code, as amended by this Act, and Section 48.01, Penal Code,
596	593		as amended by this Act, apply only to an offense committed on or
597	594		after October 1, 2015. An offense committed before that date is
598	595		governed by the law in effect on the date the offense was committed,
599	596		and the former law is continued in effect for that purpose. For
600	597		purposes of this section, an offense was committed before October
601	598		1, 2015, if any element of the offense occurred before that date.
602	599		SECTION 41. (a) The comptroller shall develop the sign
603	600		described by Section 161.084, Health and Safety Code, as amended by
604	601		this Act, and make the sign available to the public not later than
605	602		September 15, 2015.
606	603		(b) This section takes effect September 1, 2015.
607	604		SECTION 42. Except as otherwise provided by this Act, this
608	605		Act takes effect October 1, 2015.
	606	+	______________________________ ______________________________
	607	+	President of the Senate Speaker of the House
	608	+	I hereby certify that S.B. No. 97 passed the Senate on
	609	+	March 17, 2015, by the following vote: Yeas 27, Nays 3; and that
	610	+	the Senate concurred in House amendment on May 18, 2015, by the
	611	+	following vote: Yeas 28, Nays 2.
	612	+	______________________________
	613	+	Secretary of the Senate
	614	+	I hereby certify that S.B. No. 97 passed the House, with
	615	+	amendment, on May 12, 2015, by the following vote: Yeas 119,
	616	+	Nays 24, two present not voting.
	617	+	______________________________
	618	+	Chief Clerk of the House
	619	+	Approved:
	620	+	______________________________
	621	+	Date
	622	+	______________________________
	623	+	Governor