Texas 2017 - 85th Regular

Texas Senate Bill SB183 Compare Versions

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

Old	New	Differences
1	1	85R149 KKR-D
2	2	By: Uresti S.B. No. 183
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. Section 161.084(b), Health and Safety Code, is
39	39	amended to read as follows:
40	40	(b) The sign must include the statement:
41	41	PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO
42	42	PRODUCTS BY A MINOR UNDER 21 [18] YEARS OF AGE IS PROHIBITED BY LAW.
43	43	SALE OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A MINOR
44	44	UNDER 21 [18] YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A
45	45	CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED.
46	46	VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY
47	47	CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD
48	48	NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN
49	49	PREMATURE OR WITH LOW BIRTH WEIGHT.
50	50	SECTION 5. Sections 161.085(a) and (b), Health and Safety
51	51	Code, are amended to read as follows:
52	52	(a) Each retailer shall notify each individual employed by
53	53	that retailer who is to be engaged in retail sales of cigarettes,
54	54	e-cigarettes, or tobacco products that state law:
55	55	(1) prohibits the sale or distribution of cigarettes,
56	56	e-cigarettes, or tobacco products to any person who is younger than
57	57	21 [18] years of age as provided by Section 161.082 and that a
58	58	violation of that section is a Class C misdemeanor; and
59	59	(2) requires each person who sells cigarettes,
60	60	e-cigarettes, or tobacco products at retail or by vending machine
61	61	to post a warning notice as provided by Section 161.084, requires
62	62	each employee to ensure that the appropriate sign is always
63	63	properly displayed while that employee is exercising the employee's
64	64	duties, and provides that a violation of Section 161.084 is a Class
65	65	C misdemeanor.
66	66	(b) The notice required by this section [Subsection (a)]
67	67	must be provided within 72 hours of the date an individual begins to
68	68	engage in retail sales of cigarettes, e-cigarettes, or tobacco
69	69	products. The individual shall signify that the individual has
70	70	received the notice required by this section [Subsection (a)] by
71	71	signing a form stating that the law has been fully explained, that
72	72	the individual understands the law, and that the individual, as a
73	73	condition of employment, agrees to comply with the law.
74	74	SECTION 6. Section 161.086(b), Health and Safety Code, is
75	75	amended to read as follows:
76	76	(b) Subsection (a) does not apply to:
77	77	(1) a facility or business that is not open to persons
78	78	younger than 21 [18] years of age at any time;
79	79	(2) that part of a facility or business that is a
80	80	humidor or other enclosure designed to store cigars in a
81	81	climate-controlled environment; or
82	82	(3) a premises for which a person holds a package store
83	83	permit issued under the Alcoholic Beverage Code.
84	84	SECTION 7. Sections 161.087(a) and (b), Health and Safety
85	85	Code, are amended to read as follows:
86	86	(a) A person may not distribute to persons younger than 21
87	87	[18] years of age:
88	88	(1) a free sample of a cigarette, e-cigarette, or
89	89	tobacco product; or
90	90	(2) a coupon or other item that the recipient may use
91	91	to receive a free or discounted cigarette, e-cigarette, or tobacco
92	92	product or a sample cigarette, e-cigarette, or tobacco product.
93	93	(b) Except as provided by Subsection (c), a person,
94	94	including a permit holder, may not accept or redeem, offer to accept
95	95	or redeem, or hire a person to accept or redeem a coupon or other
96	96	item that the recipient may use to receive a free or discounted
97	97	cigarette, e-cigarette, or tobacco product or a sample cigarette,
98	98	e-cigarette, or tobacco product if the recipient is younger than 21
99	99	[18] years of age. A coupon or other item that such a recipient may
100	100	use to receive a free or discounted cigarette, e-cigarette, or
101	101	tobacco product or a sample cigarette, e-cigarette, or tobacco
102	102	product may not be redeemable through mail or courier delivery.
103	103	SECTION 8. Sections 161.088(b) and (d), Health and Safety
104	104	Code, are amended to read as follows:
105	105	(b) The comptroller may make block grants to counties and
106	106	municipalities to be used by local law enforcement agencies to
107	107	enforce this subchapter and Subchapter R in a manner that can
108	108	reasonably be expected to reduce the extent to which cigarettes,
109	109	e-cigarettes, and tobacco products are sold or distributed,
110	110	including by delivery sale, to persons who are younger than 21 [18]
111	111	years of age. At least annually, random unannounced inspections
112	112	shall be conducted at various locations where cigarettes,
113	113	e-cigarettes, and tobacco products are sold or distributed,
114	114	including by delivery sale, to ensure compliance with this
115	115	subchapter and Subchapter R. The comptroller shall rely, to the
116	116	fullest extent possible, on local law enforcement agencies to
117	117	enforce this subchapter and Subchapter R.
118	118	(d) The use of a person younger than 21 [18] years of age to
119	119	act as a minor decoy to test compliance with this subchapter and
120	120	Subchapter R shall be conducted in a fashion that promotes
121	121	fairness. A person may be enlisted by the comptroller or a local
122	122	law enforcement agency to act as a minor decoy only if the following
123	123	requirements are met:
124	124	(1) written parental consent is obtained for the use
125	125	of a person younger than 18 years of age to act as a minor decoy to
126	126	test compliance with this subchapter and Subchapter R;
127	127	(2) at the time of the inspection, order, or delivery,
128	128	the minor decoy is younger than 20 [17] years of age;
129	129	(3) the minor decoy has an appearance that would cause
130	130	a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco
131	131	products to request identification and proof of age;
132	132	(4) the minor decoy carries either the minor's own
133	133	identification showing the minor's correct date of birth or carries
134	134	no identification, and a minor decoy who carries identification
135	135	presents it on request to any seller of or any person who delivers
136	136	cigarettes, e-cigarettes, or tobacco products; and
137	137	(5) the minor decoy answers truthfully any questions
138	138	about the minor's age at the time of the inspection, order, or
139	139	delivery.
140	140	SECTION 9. Section 161.251, Health and Safety Code, is
141	141	amended by adding Subdivision (1-b) to read as follows:
142	142	(1-b) "Minor" means a person under 21 years of age.
143	143	SECTION 10. Sections 161.252(a), (b), and (c), Health and
144	144	Safety Code, are amended to read as follows:
145	145	(a) An individual who is younger than 21 [18] years of age
146	146	commits an offense if the individual:
147	147	(1) possesses, purchases, consumes, or accepts a
148	148	cigarette, e-cigarette, or tobacco product; or
149	149	(2) falsely represents himself or herself to be 21
150	150	[18] years of age or older by displaying proof of age that is false,
151	151	fraudulent, or not actually proof of the individual's own age in
152	152	order to obtain possession of, purchase, or receive a cigarette,
153	153	e-cigarette, or tobacco product.
154	154	(b) It is an exception to the application of this section
155	155	that the individual younger than 21 [18] years of age possessed the
156	156	cigarette, e-cigarette, or tobacco product in the presence of:
157	157	(1) an adult parent, a guardian, or a spouse of the
158	158	individual; or
159	159	(2) an employer of the individual, if possession or
160	160	receipt of the cigarette, e-cigarette, or tobacco product is
161	161	required in the performance of the employee's duties as an
162	162	employee.
163	163	(c) It is an exception to the application of this section
164	164	that the individual younger than 21 [18] years of age is
165	165	participating in an inspection or test of compliance in accordance
166	166	with Section 161.088.
167	167	SECTION 11. Sections 161.452(b) and (c), Health and Safety
168	168	Code, are amended to read as follows:
169	169	(b) A person taking a delivery sale order of cigarettes
170	170	shall comply with:
171	171	(1) the age verification requirements prescribed by
172	172	Section 161.453;
173	173	(2) the disclosure requirements prescribed by Section
174	174	161.454;
175	175	(3) [the shipping requirements prescribed by Section
176	176	161.455;
177	177	[(4)] the registration and reporting requirements
178	178	prescribed by Section 161.456;
179	179	(4) [(5)] the tax collection requirements prescribed
180	180	by Section 161.457; and
181	181	(5) [(6)] each law of this state that generally
182	182	applies to sales of cigarettes that occur entirely within this
183	183	state, including a law:
184	184	(A) imposing a tax; or
185	185	(B) prescribing a permitting or tax-stamping
186	186	requirement.
187	187	(c) A person taking a delivery sale order of e-cigarettes
188	188	shall comply with:
189	189	(1) the age verification requirements prescribed by
190	190	Section 161.453;
191	191	(2) the disclosure requirements prescribed by Section
192	192	161.454;
193	193	(3) [the shipping requirements prescribed by Section
194	194	161.455;
195	195	[(4)] the registration and reporting requirements
196	196	prescribed by Section 161.456; and
197	197	(4) [(5)] each law of this state that generally
198	198	applies to sales of e-cigarettes that occur entirely within this
199	199	state.
200	200	SECTION 12. Sections 161.453(a) and (c), Health and Safety
201	201	Code, are amended to read as follows:
202	202	(a) A person may not mail or ship cigarettes in connection
203	203	with a delivery sale order unless before mailing or shipping the
204	204	cigarettes the person accepting the delivery sale order first:
205	205	(1) obtains from the prospective customer a
206	206	certification that includes:
207	207	(A) reliable confirmation that the purchaser is
208	208	at least 21 [18] years of age; and
209	209	(B) a statement signed by the prospective
210	210	purchaser in writing and under penalty of law:
211	211	(i) certifying the prospective purchaser's
212	212	address and date of birth;
213	213	(ii) confirming that the prospective
214	214	purchaser understands that signing another person's name to the
215	215	certification is illegal, that sales of cigarettes to an individual
216	216	under the age prescribed by Section 161.082 are illegal under state
217	217	law, and that the purchase of cigarettes by an individual under that
218	218	age is illegal under state law; and
219	219	(iii) confirming that the prospective
220	220	purchaser wants to receive mailings from a tobacco company;
221	221	(2) makes a good faith effort to verify the
222	222	information contained in the certification provided by the
223	223	prospective purchaser under Subdivision (1) against a commercially
224	224	available database or obtains a photocopy or other image of a
225	225	government-issued identification bearing a photograph of the
226	226	prospective purchaser and stating the date of birth or age of the
227	227	prospective purchaser;
228	228	(3) sends to the prospective purchaser, by e-mail or
229	229	other means, a notice that complies with Section 161.454; and
230	230	(4) for an order made over the Internet or as a result
231	231	of an advertisement, receives payment for the delivery sale from
232	232	the prospective purchaser by a credit or debit card that has been
233	233	issued in the purchaser's name or by check.
234	234	(c) A person may not mail or ship e-cigarettes in connection
235	235	with a delivery sale order unless before accepting a delivery sale
236	236	order the person verifies that the prospective purchaser is at
237	237	least 21 [18] years of age through a commercially available
238	238	database or aggregate of databases that is regularly used for the
239	239	purpose of age and identity verification. After the order is
240	240	accepted, the person must use a method of mailing or shipping that
241	241	requires an adult signature.
242	242	SECTION 13. Section 161.455, Health and Safety Code, is
243	243	repealed.
244	244	SECTION 14. (a) The changes in law made by this Act to
245	245	Subchapters H, N, and R, Chapter 161, Health and Safety Code, apply
246	246	only to an offense committed on or after the effective date of this
247	247	Act. For purposes of this section, an offense is committed before
248	248	the effective date of this Act if any element of the offense occurs
249	249	before that date.
250	250	(b) An offense committed before the effective date of this
251	251	Act is covered by the law in effect when the offense was committed,
252	252	and the former law is continued in effect for that purpose.
253	253	SECTION 15. This Act takes effect September 1, 2017.