Texas 2017 - 85th Regular

Texas House Bill HB628 Compare Versions

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

Old	New	Differences
1	1	85R236 AJZ-D
2	2	By: Howard H.B. No. 628
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, e-cigarettes, and tobacco products;
9	9	providing 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-b) to read as follows:
13	13	(1-b) "Minor" means a person under 21 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, E-CIGARETTES, OR TOBACCO
17	17	PRODUCTS TO PERSONS YOUNGER THAN 21 [18] YEARS OF AGE PROHIBITED;
18	18	PROOF OF AGE 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, e-cigarette, or tobacco product to someone who is
25	25	younger than 21 [18] years of age; or
26	26	(2) sells, gives, or causes to be sold or given a
27	27	cigarette, e-cigarette, or tobacco product to another person who
28	28	intends to deliver it to someone who is younger than 21 [18] years
29	29	of age.
30	30	(e) A proof of identification satisfies the requirements of
31	31	Subsection (d) if it contains a physical description and photograph
32	32	consistent with the person's appearance, purports to establish that
33	33	the person is 21 [18] years of age or older, and was issued by a
34	34	governmental agency. The proof of identification may include a
35	35	driver's license issued by this state or another state, a passport,
36	36	or an identification card issued by a state or the federal
37	37	government.
38	38	SECTION 4. The heading to Section 161.083, Health and
39	39	Safety Code, is amended to read as follows:
40	40	Sec. 161.083. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO
41	41	PRODUCTS TO PERSONS YOUNGER THAN 30 [27] YEARS OF AGE.
42	42	SECTION 5. Sections 161.083(a) and (a-1), Health and Safety
43	43	Code, are amended to read as follows:
44	44	(a) A [Pursuant to federal regulation under 21 C.F.R.
45	45	Section 1140.14(b), a] person may not sell, give, or cause to be
46	46	sold or given a cigarette or tobacco product to someone who is
47	47	younger than 30 [27] years of age unless the person to whom the
48	48	cigarette or tobacco product was sold or given presents an
49	49	apparently valid proof of identification.
50	50	(a-1) A person may not sell, give, or cause to be sold or
51	51	given an e-cigarette to someone who is younger than 30 [27] years of
52	52	age unless the person to whom the e-cigarette was sold or given
53	53	presents an apparently valid proof of identification.
54	54	SECTION 6. Section 161.084(b), Health and Safety Code, is
55	55	amended to read as follows:
56	56	(b) The sign must include the statement:
57	57	PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO
58	58	PRODUCTS BY A MINOR UNDER 21 [18] YEARS OF AGE IS PROHIBITED BY LAW.
59	59	SALE OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A MINOR
60	60	UNDER 21 [18] YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A
61	61	CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED.
62	62	VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY
63	63	CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD
64	64	NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN
65	65	PREMATURE OR WITH LOW BIRTH WEIGHT.
66	66	SECTION 7. Sections 161.085(a) and (b), Health and Safety
67	67	Code, are amended to read as follows:
68	68	(a) Each retailer shall notify each individual employed by
69	69	that retailer who is to be engaged in retail sales of cigarettes,
70	70	e-cigarettes, or tobacco products that state law:
71	71	(1) prohibits the sale or distribution of cigarettes,
72	72	e-cigarettes, or tobacco products to any person who is younger than
73	73	21 [18] years of age as provided by Section 161.082 and that a
74	74	violation of that section is a Class C misdemeanor; and
75	75	(2) requires each person who sells cigarettes,
76	76	e-cigarettes, or tobacco products at retail or by vending machine
77	77	to post a warning notice as provided by Section 161.084, requires
78	78	each employee to ensure that the appropriate sign is always
79	79	properly displayed while that employee is exercising the employee's
80	80	duties, and provides that a violation of Section 161.084 is a Class
81	81	C misdemeanor.
82	82	(b) The notice required by this section [Subsection (a)]
83	83	must be provided within 72 hours of the date an individual begins to
84	84	engage in retail sales of cigarettes, e-cigarettes, or tobacco
85	85	products. The individual shall signify that the individual has
86	86	received the notice required by this section [Subsection (a)] by
87	87	signing a form stating that the law has been fully explained, that
88	88	the individual understands the law, and that the individual, as a
89	89	condition of employment, agrees to comply with the law.
90	90	SECTION 8. Section 161.086(b), Health and Safety Code, is
91	91	amended to read as follows:
92	92	(b) Subsection (a) does not apply to:
93	93	(1) a facility or business that is not open to persons
94	94	younger than 21 [18] years of age at any time;
95	95	(2) that part of a facility or business that is a
96	96	humidor or other enclosure designed to store cigars in a
97	97	climate-controlled environment; or
98	98	(3) a premises for which a person holds a package store
99	99	permit issued under the Alcoholic Beverage Code.
100	100	SECTION 9. Sections 161.087(a) and (b), Health and Safety
101	101	Code, are amended to read as follows:
102	102	(a) A person may not distribute to persons younger than 21
103	103	[18] years of age:
104	104	(1) a free sample of a cigarette, e-cigarette, or
105	105	tobacco product; or
106	106	(2) a coupon or other item that the recipient may use
107	107	to receive a free or discounted cigarette, e-cigarette, or tobacco
108	108	product or a sample cigarette, e-cigarette, or tobacco product.
109	109	(b) Except as provided by Subsection (c), a person,
110	110	including a permit holder, may not accept or redeem, offer to accept
111	111	or redeem, or hire a person to accept or redeem a coupon or other
112	112	item that the recipient may use to receive a free or discounted
113	113	cigarette, e-cigarette, or tobacco product or a sample cigarette,
114	114	e-cigarette, or tobacco product if the recipient is younger than 21
115	115	[18] years of age. A coupon or other item that such a recipient may
116	116	use to receive a free or discounted cigarette, e-cigarette, or
117	117	tobacco product or a sample cigarette, e-cigarette, or tobacco
118	118	product may not be redeemable through mail or courier delivery.
119	119	SECTION 10. Sections 161.088(b) and (d), Health and Safety
120	120	Code, are amended to read as follows:
121	121	(b) The comptroller may make block grants to counties and
122	122	municipalities to be used by local law enforcement agencies to
123	123	enforce this subchapter and Subchapter R in a manner that can
124	124	reasonably be expected to reduce the extent to which cigarettes,
125	125	e-cigarettes, and tobacco products are sold or distributed,
126	126	including by delivery sale, to persons who are younger than 21
127	127	[18] years of age. At least annually, random unannounced
128	128	inspections shall be conducted at various locations where
129	129	cigarettes, e-cigarettes, and tobacco products are sold or
130	130	distributed, including by delivery sale, to ensure compliance with
131	131	this subchapter and Subchapter R. The comptroller shall rely, to
132	132	the fullest extent possible, on local law enforcement agencies to
133	133	enforce this subchapter and Subchapter R.
134	134	(d) The use of a person younger than 21 [18] years of age to
135	135	act as a minor decoy to test compliance with this subchapter and
136	136	Subchapter R shall be conducted in a fashion that promotes
137	137	fairness. A person may be enlisted by the comptroller or a local
138	138	law enforcement agency to act as a minor decoy only if the following
139	139	requirements are met:
140	140	(1) written parental consent is obtained for the use
141	141	of a person younger than 18 years of age to act as a minor decoy to
142	142	test compliance with this subchapter and Subchapter R;
143	143	(2) at the time of the inspection, order, or delivery,
144	144	the minor decoy is younger than 20 [17] years of age;
145	145	(3) the minor decoy has an appearance that would cause
146	146	a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco
147	147	products to request identification and proof of age;
148	148	(4) the minor decoy carries either the minor's own
149	149	identification showing the minor's correct date of birth or carries
150	150	no identification, and a minor decoy who carries identification
151	151	presents it on request to any seller of or any person who delivers
152	152	cigarettes, e-cigarettes, or tobacco products; and
153	153	(5) the minor decoy answers truthfully any questions
154	154	about the minor's age at the time of the inspection, order, or
155	155	delivery.
156	156	SECTION 11. Section 161.251, Health and Safety Code, is
157	157	amended by adding Subdivision (1-b) to read as follows:
158	158	(1-b) "Minor" means a person under 21 years of age.
159	159	SECTION 12. Sections 161.252(a), (b), and (c), Health and
160	160	Safety Code, are amended to read as follows:
161	161	(a) An individual who is younger than 21 [18] years of age
162	162	commits an offense if the individual:
163	163	(1) possesses, purchases, consumes, or accepts a
164	164	cigarette, e-cigarette, or tobacco product; or
165	165	(2) falsely represents himself or herself to be 21
166	166	[18] years of age or older by displaying proof of age that is false,
167	167	fraudulent, or not actually proof of the individual's own age in
168	168	order to obtain possession of, purchase, or receive a cigarette,
169	169	e-cigarette, or tobacco product.
170	170	(b) It is an exception to the application of this section
171	171	that the individual younger than 21 [18] years of age possessed the
172	172	cigarette, e-cigarette, or tobacco product in the presence of:
173	173	(1) an adult parent, a guardian, or a spouse of the
174	174	individual; or
175	175	(2) an employer of the individual, if possession or
176	176	receipt of the e-cigarette or tobacco product is required in the
177	177	performance of the employee's duties as an employee.
178	178	(c) It is an exception to the application of this section
179	179	that the individual younger than 21 [18] years of age is
180	180	participating in an inspection or test of compliance in accordance
181	181	with Section 161.088.
182	182	SECTION 13. Section 161.452(b), Health and Safety Code, is
183	183	amended to read as follows:
184	184	(b) A person taking a delivery sale order of cigarettes
185	185	shall comply with:
186	186	(1) the age verification requirements prescribed by
187	187	Section 161.453;
188	188	(2) the disclosure requirements prescribed by Section
189	189	161.454;
190	190	(3) [the shipping requirements prescribed by Section
191	191	161.455;
192	192	[(4)] the registration and reporting requirements
193	193	prescribed by Section 161.456;
194	194	(4) [(5)] the tax collection requirements prescribed
195	195	by Section 161.457; and
196	196	(5) [(6)] each law of this state that generally
197	197	applies to sales of cigarettes that occur entirely within this
198	198	state, including a law:
199	199	(A) imposing a tax; or
200	200	(B) prescribing a permitting or tax-stamping
201	201	requirement.
202	202	SECTION 14. Section 161.453(a), Health and Safety Code, is
203	203	amended to read as follows:
204	204	(a) A person may not mail or ship cigarettes in connection
205	205	with a delivery sale order unless before mailing or shipping the
206	206	cigarettes the person accepting the delivery sale order first:
207	207	(1) obtains from the prospective customer a
208	208	certification that includes:
209	209	(A) reliable confirmation that the purchaser is
210	210	at least 21 [18] years of age; and
211	211	(B) a statement signed by the prospective
212	212	purchaser in writing and under penalty of law:
213	213	(i) certifying the prospective purchaser's
214	214	address and date of birth;
215	215	(ii) confirming that the prospective
216	216	purchaser understands that signing another person's name to the
217	217	certification is illegal, that sales of cigarettes to an individual
218	218	under the age prescribed by Section 161.082 are illegal under state
219	219	law, and that the purchase of cigarettes by an individual under that
220	220	age is illegal under state law; and
221	221	(iii) confirming that the prospective
222	222	purchaser wants to receive mailings from a tobacco company;
223	223	(2) makes a good faith effort to verify the
224	224	information contained in the certification provided by the
225	225	prospective purchaser under Subdivision (1) against a commercially
226	226	available database or obtains a photocopy or other image of a
227	227	government-issued identification bearing a photograph of the
228	228	prospective purchaser and stating the date of birth or age of the
229	229	prospective purchaser;
230	230	(3) sends to the prospective purchaser, by e-mail or
231	231	other means, a notice that complies with Section 161.454; and
232	232	(4) for an order made over the Internet or as a result
233	233	of an advertisement, receives payment for the delivery sale from
234	234	the prospective purchaser by a credit or debit card that has been
235	235	issued in the purchaser's name or by check.
236	236	SECTION 15. Section 161.455, Health and Safety Code, is
237	237	repealed.
238	238	SECTION 16. (a) The changes in law made by this Act to
239	239	Subchapters H, N, and R, Chapter 161, Health and Safety Code, apply
240	240	only to an offense committed on or after the effective date of this
241	241	Act. For purposes of this section, an offense is committed before
242	242	the effective date of this Act if any element of the offense occurs
243	243	before that date.
244	244	(b) An offense committed before the effective date of this
245	245	Act is covered by the law in effect when the offense was committed,
246	246	and the former law is continued in effect for that purpose.
247	247	SECTION 17. This Act takes effect September 1, 2017.