Texas 2017 - 85th Regular

Texas Senate Bill SB910 Compare Versions

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

Old	New	Differences
1	1	85R3077 AJZ-D
2	2	By: Huffman, Uresti S.B. No. 910
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), (b), and (c), Health and
43	43	Safety 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, e-cigarette, or tobacco product to
47	47	someone who is younger than 30 [27] years of age unless the person
48	48	to whom the cigarette, e-cigarette, or tobacco product was sold or
49	49	given presents an apparently valid proof of identification.
50	50	(b) A retailer shall adequately supervise and train the
51	51	retailer's agents and employees to prevent a violation of
52	52	Subsection [Subsections] (a) [and (a-1)].
53	53	(c) A proof of identification described by Section
54	54	161.082(e) satisfies the requirements of Subsection [Subsections]
55	55	(a) [and (a-1)].
56	56	SECTION 6. Section 161.084(b), Health and Safety Code, is
57	57	amended to read as follows:
58	58	(b) The sign must include the statement:
59	59	PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES,
60	60	E-CIGARETTES, OR TOBACCO PRODUCTS BY A MINOR UNDER 21 [18] YEARS OF
61	61	AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF CIGARETTES,
62	62	E-CIGARETTES, OR TOBACCO PRODUCTS TO A MINOR UNDER 21 [18] YEARS OF
63	63	AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR,
64	64	INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE
65	65	REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY CALLING (insert
66	66	toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE.
67	67	SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR
68	68	WITH LOW BIRTH WEIGHT.
69	69	SECTION 7. Sections 161.085(a) and (b), Health and Safety
70	70	Code, are amended to read as follows:
71	71	(a) Each retailer shall notify each individual employed by
72	72	that retailer who is to be engaged in retail sales of cigarettes,
73	73	e-cigarettes, or tobacco products that state law:
74	74	(1) prohibits the sale or distribution of cigarettes,
75	75	e-cigarettes, or tobacco products to any person who is younger than
76	76	21 [18] years of age as provided by Section 161.082 and that a
77	77	violation of that section is a Class C misdemeanor; and
78	78	(2) requires each person who sells cigarettes,
79	79	e-cigarettes, or tobacco products at retail or by vending machine
80	80	to post a warning notice as provided by Section 161.084, requires
81	81	each employee to ensure that the appropriate sign is always
82	82	properly displayed while that employee is exercising the employee's
83	83	duties, and provides that a violation of Section 161.084 is a Class
84	84	C misdemeanor.
85	85	(b) The notice required by this section [Subsection (a)]
86	86	must be provided within 72 hours of the date an individual begins to
87	87	engage in retail sales of cigarettes, e-cigarettes, or tobacco
88	88	products. The individual shall signify that the individual has
89	89	received the notice required by this section [Subsection (a)] by
90	90	signing a form stating that the law has been fully explained, that
91	91	the individual understands the law, and that the individual, as a
92	92	condition of employment, agrees to comply with the law.
93	93	SECTION 8. Section 161.086(b), Health and Safety Code, is
94	94	amended to read as follows:
95	95	(b) Subsection (a) does not apply to:
96	96	(1) a facility or business that is not open to persons
97	97	younger than 21 [18] years of age at any time;
98	98	(2) that part of a facility or business that is a
99	99	humidor or other enclosure designed to store cigars in a
100	100	climate-controlled environment and that is not open to persons
101	101	younger than 21 years of age at any time; or
102	102	(3) a premises for which a person holds a package store
103	103	permit issued under the Alcoholic Beverage Code and that is not open
104	104	to persons younger than 21 years of age at any time.
105	105	SECTION 9. Section 161.087, Health and Safety Code, is
106	106	amended by amending Subsections (a), (b), and (c) and adding
107	107	Subsections (a-1) and (b-1) to read as follows:
108	108	(a) A person may not distribute [to persons younger than 18
109	109	years of age]:
110	110	(1) a free sample of a cigarette, e-cigarette, or
111	111	tobacco product; or
112	112	(2) a coupon or other item that the recipient may use
113	113	to receive a free [or discounted] cigarette, e-cigarette, or
114	114	tobacco product or a sample cigarette, e-cigarette, or tobacco
115	115	product.
116	116	(a-1) A person may not distribute to persons younger than 21
117	117	years of age a coupon or other item that the recipient may use to
118	118	receive a discounted cigarette, e-cigarette, or tobacco product.
119	119	(b) Except as provided by Subsection (c), a person,
120	120	including a permit holder, may not accept or redeem, offer to accept
121	121	or redeem, or hire a person to accept or redeem:
122	122	(1) a coupon or other item that the recipient may use
123	123	to receive a free [or discounted] cigarette, e-cigarette, or
124	124	tobacco product or a sample cigarette, e-cigarette, or tobacco
125	125	product; or
126	126	(2) a coupon or other item that the recipient may use
127	127	to receive a discounted cigarette, e-cigarette, or tobacco product
128	128	if the recipient is younger than 21 [18] years of age.
129	129	(b-1) A coupon or other item that [such] a recipient
130	130	described by Subsection (b) may use to receive a [free or]
131	131	discounted cigarette, e-cigarette, or tobacco product [or a sample
132	132	cigarette, e-cigarette, or tobacco product] may not be redeemable
133	133	through mail or courier delivery.
134	134	(c) Subsections (a)(2), (a-1), [and] (b), and (b-1) do not
135	135	apply to a transaction between permit holders unless the
136	136	transaction is a retail sale.
137	137	SECTION 10. Sections 161.088(b) and (d), Health and Safety
138	138	Code, are amended to read as follows:
139	139	(b) The comptroller may make block grants to counties and
140	140	municipalities to be used by local law enforcement agencies to
141	141	enforce this subchapter and Subchapter R in a manner that can
142	142	reasonably be expected to reduce the extent to which cigarettes,
143	143	e-cigarettes, and tobacco products are sold or distributed,
144	144	including by delivery sale, to persons who are younger than 21 [18]
145	145	years of age. At least annually, random unannounced inspections
146	146	shall be conducted at various locations where cigarettes,
147	147	e-cigarettes, and tobacco products are sold or distributed,
148	148	including by delivery sale, to ensure compliance with this
149	149	subchapter and Subchapter R. The comptroller shall rely, to the
150	150	fullest extent possible, on local law enforcement agencies to
151	151	enforce this subchapter and Subchapter R.
152	152	(d) The use of a person younger than 21 [18] years of age to
153	153	act as a minor decoy to test compliance with this subchapter and
154	154	Subchapter R shall be conducted in a fashion that promotes
155	155	fairness. A person may be enlisted by the comptroller or a local
156	156	law enforcement agency to act as a minor decoy only if the following
157	157	requirements are met:
158	158	(1) written parental consent is obtained for the use
159	159	of a person younger than 18 years of age to act as a minor decoy to
160	160	test compliance with this subchapter and Subchapter R;
161	161	(2) at the time of the inspection, order, or delivery,
162	162	the minor decoy is younger than 21 [17] years of age;
163	163	(3) the minor decoy has an appearance that would cause
164	164	a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco
165	165	products to request identification and proof of age;
166	166	(4) the minor decoy carries either the minor's own
167	167	identification showing the minor's correct date of birth or carries
168	168	no identification, and a minor decoy who carries identification
169	169	presents it on request to any seller of or any person who delivers
170	170	cigarettes, e-cigarettes, or tobacco products; and
171	171	(5) the minor decoy answers truthfully any questions
172	172	about the minor's age at the time of the inspection, order, or
173	173	delivery.
174	174	SECTION 11. Section 161.251, Health and Safety Code, is
175	175	amended by adding Subdivision (1-b) to read as follows:
176	176	(1-b) "Minor" means a person under 21 years of age.
177	177	SECTION 12. Sections 161.252(a), (b), and (c), Health and
178	178	Safety Code, are amended to read as follows:
179	179	(a) An individual who is younger than 21 [18] years of age
180	180	commits an offense if the individual:
181	181	(1) possesses, purchases, consumes, or accepts a
182	182	cigarette, e-cigarette, or tobacco product; or
183	183	(2) falsely represents himself or herself to be 21
184	184	[18] years of age or older by displaying proof of age that is false,
185	185	fraudulent, or not actually proof of the individual's own age in
186	186	order to obtain possession of, purchase, or receive a cigarette,
187	187	e-cigarette, or tobacco product.
188	188	(b) It is an exception to the application of this section
189	189	that the individual younger than 21 [18] years of age possessed the
190	190	cigarette, e-cigarette, or tobacco product in the presence of[:
191	191	[(1) an adult parent, a guardian, or a spouse of the
192	192	individual; or
193	193	[(2)] an employer of the individual, if possession or
194	194	receipt of the cigarette, e-cigarette, or tobacco product is
195	195	required in the performance of the employee's duties as an
196	196	employee.
197	197	(c) It is an exception to the application of this section
198	198	that the individual younger than 21 [18] years of age is
199	199	participating in an inspection or test of compliance in accordance
200	200	with Section 161.088.
201	201	SECTION 13. Sections 161.452(b) and (c), Health and Safety
202	202	Code, are amended to read as follows:
203	203	(b) A person taking a delivery sale order of cigarettes
204	204	shall comply with:
205	205	(1) the age verification requirements prescribed by
206	206	Section 161.453;
207	207	(2) the disclosure requirements prescribed by Section
208	208	161.454;
209	209	(3) [the shipping requirements prescribed by Section
210	210	161.455;
211	211	[(4)] the registration and reporting requirements
212	212	prescribed by Section 161.456;
213	213	(4) [(5)] the tax collection requirements prescribed
214	214	by Section 161.457; and
215	215	(5) [(6)] each law of this state that generally
216	216	applies to sales of cigarettes that occur entirely within this
217	217	state, including a law:
218	218	(A) imposing a tax; or
219	219	(B) prescribing a permitting or tax-stamping
220	220	requirement.
221	221	(c) A person taking a delivery sale order of e-cigarettes
222	222	shall comply with:
223	223	(1) the age verification requirements prescribed by
224	224	Section 161.453;
225	225	(2) the disclosure requirements prescribed by Section
226	226	161.454;
227	227	(3) [the shipping requirements prescribed by Section
228	228	161.455;
229	229	[(4)] the registration and reporting requirements
230	230	prescribed by Section 161.456; and
231	231	(4) [(5)] each law of this state that generally
232	232	applies to sales of e-cigarettes that occur entirely within this
233	233	state.
234	234	SECTION 14. Sections 161.453(a) and (c), Health and Safety
235	235	Code, are amended to read as follows:
236	236	(a) A person may not mail or ship cigarettes in connection
237	237	with a delivery sale order unless before mailing or shipping the
238	238	cigarettes the person accepting the delivery sale order first:
239	239	(1) obtains from the prospective customer a
240	240	certification that includes:
241	241	(A) reliable confirmation that the purchaser is
242	242	at least 21 [18] years of age; and
243	243	(B) a statement signed by the prospective
244	244	purchaser in writing and under penalty of law:
245	245	(i) certifying the prospective purchaser's
246	246	address and date of birth;
247	247	(ii) confirming that the prospective
248	248	purchaser understands that signing another person's name to the
249	249	certification is illegal, that sales of cigarettes to an individual
250	250	under the age prescribed by Section 161.082 are illegal under state
251	251	law, and that the purchase of cigarettes by an individual under that
252	252	age is illegal under state law; and
253	253	(iii) confirming that the prospective
254	254	purchaser wants to receive mailings from a tobacco company;
255	255	(2) makes a good faith effort to verify the
256	256	information contained in the certification provided by the
257	257	prospective purchaser under Subdivision (1) against a commercially
258	258	available database or obtains a photocopy or other image of a
259	259	government-issued identification bearing a photograph of the
260	260	prospective purchaser and stating the date of birth or age of the
261	261	prospective purchaser;
262	262	(3) sends to the prospective purchaser, by e-mail or
263	263	other means, a notice that complies with Section 161.454; and
264	264	(4) for an order made over the Internet or as a result
265	265	of an advertisement, receives payment for the delivery sale from
266	266	the prospective purchaser by a credit or debit card that has been
267	267	issued in the purchaser's name or by check.
268	268	(c) A person may not mail or ship e-cigarettes in connection
269	269	with a delivery sale order unless before accepting a delivery sale
270	270	order the person verifies that the prospective purchaser is at
271	271	least 21 [18] years of age through a commercially available
272	272	database or aggregate of databases that is regularly used for the
273	273	purpose of age and identity verification. After the order is
274	274	accepted, the person must use a method of mailing or shipping that
275	275	requires an adult signature.
276	276	SECTION 15. Sections 161.083(a-1) and 161.455, Health and
277	277	Safety Code, are repealed.
278	278	SECTION 16. (a) The changes in law made by this Act to
279	279	Subchapters H, N, and R, Chapter 161, Health and Safety Code, apply
280	280	only to an offense committed on or after the effective date of this
281	281	Act. For purposes of this section, an offense is committed before
282	282	the effective date of this Act if any element of the offense occurs
283	283	before that date.
284	284	(b) An offense committed before the effective date of this
285	285	Act is covered by the law in effect when the offense was committed,
286	286	and the former law is continued in effect for that purpose.
287	287	SECTION 17. This Act takes effect September 1, 2017.