Bill Text: TX HB1908 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the distribution, possession, purchase, consumption, and receipt of cigarettes, e-cigarettes, and tobacco products; providing penalties.
Spectrum: Slight Partisan Bill (Republican 13-5)
Status: (Introduced - Dead) 2017-05-09 - Placed on General State Calendar [HB1908 Detail]
Download: Texas-2017-HB1908-Comm_Sub.html
85R24193 AJZ-D | |||
By: Zerwas, Sheffield, Thompson of Harris, | H.B. No. 1908 | ||
Parker, Howard, et al. | |||
Substitute the following for H.B. No. 1908: | |||
By: Price | C.S.H.B. No. 1908 |
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relating to the distribution, possession, purchase, consumption, | ||
and receipt of cigarettes, e-cigarettes, and tobacco products; | ||
providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.081, Health and Safety Code, is | ||
amended by adding Subdivision (1-b) to read as follows: | ||
(1-b) "Minor" means a person under 21 years of age. | ||
SECTION 2. Subchapter H, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.0815 to read as follows: | ||
Sec. 161.0815. NONAPPLICABILITY. This subchapter does not | ||
apply to a product that: | ||
(1) has been approved by the United States Food and | ||
Drug Administration for use in the treatment of nicotine or smoking | ||
addiction; and | ||
(2) is required to be labeled with a "Drug Facts" panel | ||
in accordance with regulations of the United States Food and Drug | ||
Administration. | ||
SECTION 3. The heading to Section 161.082, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 161.082. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO | ||
PRODUCTS TO PERSONS YOUNGER THAN 21 [ |
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PROOF OF AGE REQUIRED. | ||
SECTION 4. Sections 161.082(a) and (e), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A person commits an offense if the person, with criminal | ||
negligence: | ||
(1) sells, gives, or causes to be sold or given a | ||
cigarette, e-cigarette, or tobacco product to someone who is | ||
younger than 21 [ |
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(2) sells, gives, or causes to be sold or given a | ||
cigarette, e-cigarette, or tobacco product to another person who | ||
intends to deliver it to someone who is younger than 21 [ |
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of age. | ||
(e) A proof of identification satisfies the requirements of | ||
Subsection (d) if it contains a physical description and photograph | ||
consistent with the person's appearance, purports to establish that | ||
the person is 21 [ |
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governmental agency. The proof of identification may include a | ||
driver's license issued by this state or another state, a passport, | ||
or an identification card issued by a state or the federal | ||
government. | ||
SECTION 5. The heading to Section 161.083, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 161.083. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO | ||
PRODUCTS TO PERSONS YOUNGER THAN 30 [ |
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SECTION 6. Sections 161.083(a), (b), and (c), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) A [ |
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sold or given a cigarette, e-cigarette, or tobacco product to | ||
someone who is younger than 30 [ |
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to whom the cigarette, e-cigarette, or tobacco product was sold or | ||
given presents an apparently valid proof of identification. | ||
(b) A retailer shall adequately supervise and train the | ||
retailer's agents and employees to prevent a violation of | ||
Subsection [ |
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(c) A proof of identification described by Section | ||
161.082(e) satisfies the requirements of Subsection [ |
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(a) [ |
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SECTION 7. Section 161.084, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsections (b-1) and | ||
(b-2) to read as follows: | ||
(b) The sign must include the statement: | ||
PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, | ||
E-CIGARETTES, OR TOBACCO PRODUCTS BY A MINOR UNDER 21 [ |
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AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF CIGARETTES, | ||
E-CIGARETTES, OR TOBACCO PRODUCTS TO A MINOR UNDER 21 [ |
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AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, | ||
INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE | ||
REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY CALLING (insert | ||
toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE. | ||
SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR | ||
WITH LOW BIRTH WEIGHT. | ||
(b-1) Immediately following the statement described by | ||
Subsection (b), the sign described by that subsection must include | ||
the statement: | ||
THE PROHIBITIONS DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO | ||
WAS BORN ON OR BEFORE AUGUST 31, 1999. | ||
(b-2) This subsection and Subsection (b-1) expire September | ||
1, 2020. | ||
SECTION 8. Sections 161.085(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) Each retailer shall notify each individual employed by | ||
that retailer who is to be engaged in retail sales of cigarettes, | ||
e-cigarettes, or tobacco products that state law: | ||
(1) prohibits the sale or distribution of cigarettes, | ||
e-cigarettes, or tobacco products to any person who is younger than | ||
21 [ |
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violation of that section is a Class C misdemeanor; and | ||
(2) requires each person who sells cigarettes, | ||
e-cigarettes, or tobacco products at retail or by vending machine | ||
to post a warning notice as provided by Section 161.084, requires | ||
each employee to ensure that the appropriate sign is always | ||
properly displayed while that employee is exercising the employee's | ||
duties, and provides that a violation of Section 161.084 is a Class | ||
C misdemeanor. | ||
(b) The notice required by this section [ |
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must be provided within 72 hours of the date an individual begins to | ||
engage in retail sales of cigarettes, e-cigarettes, or tobacco | ||
products. The individual shall signify that the individual has | ||
received the notice required by this section [ |
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signing a form stating that the law has been fully explained, that | ||
the individual understands the law, and that the individual, as a | ||
condition of employment, agrees to comply with the law. | ||
SECTION 9. Section 161.086(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Subsection (a) does not apply to: | ||
(1) a facility or business that is not open to persons | ||
younger than 21 [ |
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(2) that part of a facility or business that is a | ||
humidor or other enclosure designed to store cigars in a | ||
climate-controlled environment and that is not open to persons | ||
younger than 21 years of age at any time; or | ||
(3) a premises for which a person holds a package store | ||
permit issued under the Alcoholic Beverage Code and that is not open | ||
to persons younger than 21 years of age at any time. | ||
SECTION 10. Section 161.087, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), and (c) and adding | ||
Subsections (a-1) and (b-1) to read as follows: | ||
(a) A person may not distribute [ |
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(1) a free sample of a cigarette, e-cigarette, or | ||
tobacco product; or | ||
(2) a coupon or other item that the recipient may use | ||
to receive a free [ |
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tobacco product or a sample cigarette, e-cigarette, or tobacco | ||
product. | ||
(a-1) A person may not distribute to persons younger than 21 | ||
years of age a coupon or other item that the recipient may use to | ||
receive a discounted cigarette, e-cigarette, or tobacco product. | ||
(b) Except as provided by Subsection (c), a person, | ||
including a permit holder, may not accept or redeem, offer to accept | ||
or redeem, or hire a person to accept or redeem: | ||
(1) a coupon or other item that the recipient may use | ||
to receive a free [ |
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tobacco product or a sample cigarette, e-cigarette, or tobacco | ||
product; or | ||
(2) a coupon or other item that the recipient may use | ||
to receive a discounted cigarette, e-cigarette, or tobacco product | ||
if the recipient is younger than 21 [ |
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(b-1) A coupon or other item that [ |
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described by Subsection (b) may use to receive a [ |
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discounted cigarette, e-cigarette, or tobacco product [ |
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through mail or courier delivery. | ||
(c) Subsections (a)(2), (a-1), [ |
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apply to a transaction between permit holders unless the | ||
transaction is a retail sale. | ||
SECTION 11. Sections 161.088(b) and (d), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) The comptroller may make block grants to counties and | ||
municipalities to be used by local law enforcement agencies to | ||
enforce this subchapter and Subchapter R in a manner that can | ||
reasonably be expected to reduce the extent to which cigarettes, | ||
e-cigarettes, and tobacco products are sold or distributed, | ||
including by delivery sale, to persons who are younger than 21 [ |
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years of age. At least annually, random unannounced inspections | ||
shall be conducted at various locations where cigarettes, | ||
e-cigarettes, and tobacco products are sold or distributed, | ||
including by delivery sale, to ensure compliance with this | ||
subchapter and Subchapter R. The comptroller shall rely, to the | ||
fullest extent possible, on local law enforcement agencies to | ||
enforce this subchapter and Subchapter R. | ||
(d) The use of a person younger than 21 [ |
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act as a minor decoy to test compliance with this subchapter and | ||
Subchapter R shall be conducted in a fashion that promotes | ||
fairness. A person may be enlisted by the comptroller or a local | ||
law enforcement agency to act as a minor decoy only if the following | ||
requirements are met: | ||
(1) written parental consent is obtained for the use | ||
of a person younger than 18 years of age to act as a minor decoy to | ||
test compliance with this subchapter and Subchapter R; | ||
(2) at the time of the inspection, order, or delivery, | ||
the minor decoy is younger than 21 [ |
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(3) the minor decoy has an appearance that would cause | ||
a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco | ||
products to request identification and proof of age; | ||
(4) the minor decoy carries either the minor's own | ||
identification showing the minor's correct date of birth or carries | ||
no identification, and a minor decoy who carries identification | ||
presents it on request to any seller of or any person who delivers | ||
cigarettes, e-cigarettes, or tobacco products; and | ||
(5) the minor decoy answers truthfully any questions | ||
about the minor's age at the time of the inspection, order, or | ||
delivery. | ||
SECTION 12. Section 161.251, Health and Safety Code, is | ||
amended by adding Subdivision (1-b) to read as follows: | ||
(1-b) "Minor" means a person under 21 years of age. | ||
SECTION 13. Sections 161.252(a), (b), and (c), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) An individual who is younger than 21 [ |
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commits an offense if the individual: | ||
(1) possesses, purchases, consumes, or accepts a | ||
cigarette, e-cigarette, or tobacco product; or | ||
(2) falsely represents himself or herself to be 21 | ||
[ |
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fraudulent, or not actually proof of the individual's own age in | ||
order to obtain possession of, purchase, or receive a cigarette, | ||
e-cigarette, or tobacco product. | ||
(b) It is an exception to the application of this section | ||
that the individual younger than 21 [ |
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cigarette, e-cigarette, or tobacco product in the presence of[ |
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receipt of the cigarette, e-cigarette, or tobacco product is | ||
required in the performance of the employee's duties as an | ||
employee. | ||
(c) It is an exception to the application of this section | ||
that the individual younger than 21 [ |
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participating in an inspection or test of compliance in accordance | ||
with Section 161.088. | ||
SECTION 14. Sections 161.452(b) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) A person taking a delivery sale order of cigarettes | ||
shall comply with: | ||
(1) the age verification requirements prescribed by | ||
Section 161.453; | ||
(2) the disclosure requirements prescribed by Section | ||
161.454; | ||
(3) [ |
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prescribed by Section 161.456; | ||
(4) [ |
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by Section 161.457; and | ||
(5) [ |
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applies to sales of cigarettes that occur entirely within this | ||
state, including a law: | ||
(A) imposing a tax; or | ||
(B) prescribing a permitting or tax-stamping | ||
requirement. | ||
(c) A person taking a delivery sale order of e-cigarettes | ||
shall comply with: | ||
(1) the age verification requirements prescribed by | ||
Section 161.453; | ||
(2) the disclosure requirements prescribed by Section | ||
161.454; | ||
(3) [ |
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[ |
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prescribed by Section 161.456; and | ||
(4) [ |
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applies to sales of e-cigarettes that occur entirely within this | ||
state. | ||
SECTION 15. Sections 161.453(a) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A person may not mail or ship cigarettes in connection | ||
with a delivery sale order unless before mailing or shipping the | ||
cigarettes the person accepting the delivery sale order first: | ||
(1) obtains from the prospective customer a | ||
certification that includes: | ||
(A) reliable confirmation that the purchaser is | ||
at least 21 [ |
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(B) a statement signed by the prospective | ||
purchaser in writing and under penalty of law: | ||
(i) certifying the prospective purchaser's | ||
address and date of birth; | ||
(ii) confirming that the prospective | ||
purchaser understands that signing another person's name to the | ||
certification is illegal, that sales of cigarettes to an individual | ||
under the age prescribed by Section 161.082 are illegal under state | ||
law, and that the purchase of cigarettes by an individual under that | ||
age is illegal under state law; and | ||
(iii) confirming that the prospective | ||
purchaser wants to receive mailings from a tobacco company; | ||
(2) makes a good faith effort to verify the | ||
information contained in the certification provided by the | ||
prospective purchaser under Subdivision (1) against a commercially | ||
available database or obtains a photocopy or other image of a | ||
government-issued identification bearing a photograph of the | ||
prospective purchaser and stating the date of birth or age of the | ||
prospective purchaser; | ||
(3) sends to the prospective purchaser, by e-mail or | ||
other means, a notice that complies with Section 161.454; and | ||
(4) for an order made over the Internet or as a result | ||
of an advertisement, receives payment for the delivery sale from | ||
the prospective purchaser by a credit or debit card that has been | ||
issued in the purchaser's name or by check. | ||
(c) A person may not mail or ship e-cigarettes in connection | ||
with a delivery sale order unless before accepting a delivery sale | ||
order the person verifies that the prospective purchaser is at | ||
least 21 [ |
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database or aggregate of databases that is regularly used for the | ||
purpose of age and identity verification. After the order is | ||
accepted, the person must use a method of mailing or shipping that | ||
requires an adult signature. | ||
SECTION 16. Sections 161.083(a-1) and 161.455, Health and | ||
Safety Code, are repealed. | ||
SECTION 17. (a) The changes in law made by this Act to | ||
Subchapters H, N, and R, Chapter 161, Health and Safety Code, apply | ||
only to an offense committed on or after the effective date of this | ||
Act. For purposes of this section, an offense is committed before | ||
the effective date of this Act if any element of the offense occurs | ||
before that date. | ||
(b) An offense committed before the effective date of this | ||
Act is covered by the law in effect when the offense was committed, | ||
and the former law is continued in effect for that purpose. | ||
(c) The changes in law made by this Act to Subchapters H, N, | ||
and R, Chapter 161, Health and Safety Code, do not apply to a person | ||
who was born on or before August 31, 1999. | ||
SECTION 18. This Act takes effect September 1, 2017. |