84R1924 SCL-D
	By: Hinojosa	S.B. No. 97

	A BILL TO BE ENTITLED
	AN ACT
	relating to regulation of the sale, distribution, possession, use,
	and advertising of vapor products; authorizing a fee; creating
	offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter H, Chapter 161, Health
	and Safety Code, is amended to read as follows:
	SUBCHAPTER H.  DISTRIBUTION OF CIGARETTES, VAPOR PRODUCTS, OR
	TOBACCO PRODUCTS
	SECTION 2.  Section 161.081, Health and Safety Code, is
	amended by amending Subdivisions (3) and (4) and adding Subdivision
	(5-a) to read as follows:
	(3)  "Retail sale" means a transfer of possession from
	a retailer to a consumer in connection with a purchase, sale, or
	exchange for value of cigarettes, vapor products, or tobacco
	products.
	(4)  "Retailer" means a person who engages in the
	practice of selling cigarettes, vapor products, or tobacco products
	to consumers and includes the owner of a coin-operated cigarette,
	vapor product, or tobacco product vending machine. The term
	includes a retailer as that term is defined [has the meaning
	assigned] by Section 154.001 or 155.001, Tax Code, as applicable.
	(5-a)  "Vapor product" means:
	(A)  an electronic cigarette or any other device
	that uses a mechanical heating element, battery, or electronic
	circuit to deliver vapor that may include nicotine to the
	individual inhaling from the device; or
	(B)  any substance used to fill or refill an
	electronic cigarette or other device described by Paragraph (A).
	SECTION 3.  The heading to Section 161.082, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.082.  SALE OF CIGARETTES, VAPOR PRODUCTS, OR
	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE
	PROHIBITED; PROOF OF AGE REQUIRED.
	SECTION 4.  Sections 161.082(a), (b), and (d), 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, vapor product, or tobacco product to someone who is
	younger than 18 years of age; or
	(2)  sells, gives, or causes to be sold or given a
	cigarette, vapor product, or tobacco product to another person who
	intends to deliver it to someone who is younger than 18 years of
	age.
	(b)  If an offense under this section occurs in connection
	with a sale by an employee of the owner of a store in which
	cigarettes, vapor products, or tobacco products are sold at retail,
	the employee is criminally responsible for the offense and is
	subject to prosecution.
	(d)  It is a defense to prosecution under Subsection (a)(1)
	that the person to whom the cigarette, vapor product, or tobacco
	product was sold or given presented to the defendant apparently
	valid proof of identification.
	SECTION 5.  Section 161.0825(e), Health and Safety Code, is
	amended to read as follows:
	(e)  It is an affirmative defense to prosecution under
	Section 161.082 that:
	(1)  a transaction scan device identified a license or
	certificate as valid and the defendant accessed the information and
	relied on the results in good faith; or
	(2)  if the defendant is the owner of a store in which
	cigarettes, vapor products, or tobacco products are sold at retail,
	the offense under Section 161.082 occurs in connection with a sale
	by an employee of the owner, and the owner had provided the employee
	with:
	(A)  a transaction scan device in working
	condition; and
	(B)  adequate training in the use of the
	transaction scan device.
	SECTION 6.  The heading to Section 161.083, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.083.  SALE OF CIGARETTES, VAPOR PRODUCTS, OR
	TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE.
	SECTION 7.  Section 161.083, Health and Safety Code, is
	amended by adding Subsection (a-1) and amending Subsections (b) and
	(c) to read as follows:
	(a-1)  A person may not sell, give, or cause to be sold or
	given a vapor product to someone who is younger than 27 years of age
	unless the person to whom the vapor 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
	Subsections [Subsection] (a) and (a-1).
	(c)  A proof of identification described by Section
	161.082(e) satisfies the requirements of Subsections [Subsection]
	(a) and (a-1).
	SECTION 8.  Sections 161.084(a), (b), and (d), Health and
	Safety Code, are amended to read as follows:
	(a)  Each person who sells cigarettes, vapor products, or
	tobacco products at retail or by vending machine shall post a sign
	in a location that is conspicuous to all employees and customers and
	that is close to the place at which the cigarettes, vapor products,
	or tobacco products may be purchased.
	(b)  The sign must include the statement:
	PURCHASING OR ATTEMPTING TO PURCHASE VAPOR PRODUCTS OR
	TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY
	LAW.  SALE OR PROVISION OF VAPOR PRODUCTS OR TOBACCO PRODUCTS TO A
	MINOR UNDER 18 YEARS OF 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.
	(d)  The comptroller on request shall provide the sign
	without charge to any person who sells cigarettes, vapor products,
	or tobacco products. The comptroller may provide the sign without
	charge to distributors of cigarettes, vapor products, or tobacco
	products or wholesale dealers of cigarettes, vapor products, or
	tobacco products in this state for distribution to persons who sell
	cigarettes, vapor products, or tobacco products. A distributor or
	wholesale dealer may not charge for distributing a sign under this
	subsection.
	SECTION 9.  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,
	vapor products, or tobacco products that state law:
	(1)  prohibits the sale or distribution of cigarettes,
	vapor products, or tobacco products to any person who is younger
	than 18 years of age as provided by Section 161.082 and that a
	violation of that section is a Class C misdemeanor; and
	(2)  requires each person who sells cigarettes, vapor
	products, 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 Subsection (a) must be provided
	within 72 hours of the date an individual begins to engage in retail
	sales of vapor or tobacco products. The individual shall signify
	that the individual has received the notice required by Subsection
	(a) by 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 10.  Section 161.086(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Except as provided by Subsection (b), a retailer or
	other person may not:
	(1)  offer cigarettes, vapor products, or tobacco
	products for sale in a manner that permits a customer direct access
	to the cigarettes, vapor products, or tobacco products; or
	(2)  install or maintain a vending machine containing
	cigarettes, vapor products, or tobacco products.
	SECTION 11.  The heading to Section 161.087, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.087.  DISTRIBUTION OF CIGARETTES, VAPOR PRODUCTS,
	OR TOBACCO PRODUCTS.
	SECTION 12.  Sections 161.087(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  A person may not distribute to persons younger than 18
	years of age:
	(1)  a free sample of a cigarette, vapor product, or
	tobacco product; or
	(2)  a coupon or other item that the recipient may use
	to receive a free or discounted cigarette, vapor product, or
	tobacco product or a sample cigarette, vapor product, 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 a coupon or other
	item that the recipient may use to receive a free or discounted
	cigarette, vapor product, or tobacco product or a sample cigarette,
	vapor product, or tobacco product if the recipient is younger than
	18 years of age. A coupon or other item that such a recipient may
	use to receive a free or discounted cigarette, vapor product, or
	tobacco product or a sample cigarette, vapor product, or tobacco
	product may not be redeemable through mail or courier delivery.
	SECTION 13.  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 in a manner that can reasonably be expected
	to reduce the extent to which cigarettes, vapor products, and
	tobacco products are sold or distributed to persons who are younger
	than 18 years of age. At least annually, random unannounced
	inspections shall be conducted at various locations where
	cigarettes, vapor products, and tobacco products are sold or
	distributed to ensure compliance with this subchapter. The
	comptroller shall rely, to the fullest extent possible, on local
	law enforcement agencies to enforce this subchapter.
	(d)  The use of a person younger than 18 years of age to act
	as a minor decoy to test compliance with this subchapter 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;
	(2)  at the time of the inspection, the minor decoy is
	younger than 17 years of age;
	(3)  the minor decoy has an appearance that would cause
	a reasonably prudent seller of cigarettes, vapor products, 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 cigarettes, vapor products,
	or tobacco products; and
	(5)  the minor decoy answers truthfully any questions
	about the minor's age.
	SECTION 14.  Section 161.089, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.089.  PREEMPTION OF LOCAL LAW. This subchapter
	does not preempt a local regulation of the sale, distribution, or
	use of cigarettes, vapor products, or tobacco products or affect
	the authority of a political subdivision to adopt or enforce an
	ordinance or requirement relating to the sale, distribution, or use
	of cigarettes, vapor products, or tobacco products if the
	regulation, ordinance, or requirement:
	(1)  is compatible with and equal to or more stringent
	than a requirement prescribed by this subchapter; or
	(2)  relates to an issue that is not specifically
	addressed by this subchapter or Chapter 154 or 155, Tax Code.
	SECTION 15.  Section 161.0901, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.0901.  DEPARTMENT REPORT [OF OFFICE OF SMOKING AND
	HEALTH]. (a)  Not later than January 5th of each odd-numbered year
	the [Office of Smoking and Health of the] department shall report to
	the governor, lieutenant governor, and [the] speaker of the house
	of representatives on the status of smoking and the use of vapor
	products, tobacco, and tobacco products in this state.
	(b)  The report must include, at a minimum:
	(1)  a baseline of statistics and analysis regarding
	retail compliance with this subchapter, Subchapter K, and Chapters
	154 and 155, Tax Code;
	(2)  a baseline of statistics and analysis regarding
	illegal vapor product and tobacco sales, including:
	(A)  sales to minors;
	(B)  enforcement actions concerning minors; and
	(C)  sources of citations;
	(3)  vapor product and tobacco controls and initiatives
	by the [Office of Smoking and Health of the] department, or any
	other state agency, including an evaluation of the effectiveness of
	the controls and initiatives;
	(4)  the future goals and plans of the [Office of
	Smoking and Health of the] department to decrease the use of vapor
	products, tobacco, and tobacco products;
	(5)  the educational programs of the [Office of Smoking
	and Health of the] department and the effectiveness of those
	programs; and
	(6)  the incidence of use of vapor products, tobacco,
	and tobacco products by regions in this state, including use of
	cigarettes, vapor products, and tobacco products by ethnicity.
	SECTION 16.  The heading to Subchapter K, Chapter 161,
	Health and Safety Code, is amended to read as follows:
	SUBCHAPTER K.  PROHIBITION OF CERTAIN CIGARETTE, VAPOR PRODUCT, OR
	TOBACCO PRODUCT ADVERTISING; FEE
	SECTION 17.  Section 161.121, Health and Safety Code, is
	amended by adding Subdivision (6) to read as follows:
	(6)  "Vapor product" has the meaning assigned by
	Section 161.081.
	SECTION 18.  Sections 161.122(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  Except as provided by this section, a sign containing an
	advertisement for cigarettes, vapor products, or tobacco products
	may not be located closer than 1,000 feet to a church or school.
	(b)  The measurement of the distance between the sign
	containing an advertisement for cigarettes, vapor products, or
	tobacco products and an institution listed in Subsection (a) is
	from the nearest property line of the institution to a point on a
	street or highway closest to the sign, along street lines and in
	direct lines across intersections.
	SECTION 19.  Section 161.123(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A purchaser of advertising is liable for and shall remit
	to the comptroller a fee that is 10 percent of the gross sales price
	of any outdoor advertising of cigarettes, vapor products, and
	tobacco products in this state.
	SECTION 20.  Section 161.124(b), Health and Safety Code, is
	amended to read as follows:
	(b)  Money in the account may be appropriated only for
	administration and enforcement of this section, enforcement of law
	relating to cigarettes, vapor products, and tobacco products, and
	the education advertising campaign and grant program established
	under Subchapter O[, Chapter 161].
	SECTION 21.  The heading to Subchapter N, Chapter 161,
	Health and Safety Code, is amended to read as follows:
	SUBCHAPTER N. VAPOR PRODUCT AND TOBACCO USE BY MINORS
	SECTION 22.  Section 161.251, Health and Safety Code, is
	amended by adding Subdivision (3) to read as follows:
	(3)  "Vapor product" has the meaning assigned by
	Section 161.081.
	SECTION 23.  The heading to Section 161.252, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.252.  POSSESSION, PURCHASE, CONSUMPTION, OR
	RECEIPT OF CIGARETTES, VAPOR PRODUCTS, OR TOBACCO PRODUCTS BY
	MINORS PROHIBITED.
	SECTION 24.  Sections 161.252(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  An individual who is younger than 18 years of age
	commits an offense if the individual:
	(1)  possesses, purchases, consumes, or accepts a
	cigarette, vapor product, or tobacco product; or
	(2)  falsely represents himself or herself to be 18
	years of age or older by displaying proof of age that is false,
	fraudulent, or not actually proof of the individual's own age in
	order to obtain possession of, purchase, or receive a cigarette,
	vapor product, or tobacco product.
	(b)  It is an exception to the application of this section
	that the individual younger than 18 years of age possessed the
	cigarette, vapor product, or tobacco product in the presence of:
	(1)  an adult parent, a guardian, or a spouse of the
	individual; or
	(2)  an employer of the individual, if possession or
	receipt of the vapor or tobacco product is required in the
	performance of the employee's duties as an employee.
	SECTION 25.  The heading to Section 161.253, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.253.  VAPOR PRODUCT AND TOBACCO AWARENESS PROGRAM;
	COMMUNITY SERVICE.
	SECTION 26.  Sections 161.253(a), (b), (c), (d), and (e),
	Health and Safety Code, are amended to read as follows:
	(a)  On conviction of an individual for an offense under
	Section 161.252, the court shall suspend execution of sentence and
	shall require the defendant to attend a vapor product and tobacco
	awareness program approved by the commissioner. The court may
	require the parent or guardian of the defendant to attend the vapor
	product and tobacco awareness program with the defendant.
	(b)  On request, a vapor product and tobacco awareness
	program may be taught in languages other than English.
	(c)  If the defendant resides in a rural area of this state or
	another area of this state in which access to a vapor product and
	tobacco awareness program is not readily available, the court shall
	require the defendant to perform eight to 12 hours of vapor- and
	tobacco-related community service instead of attending the vapor
	product and tobacco awareness program.
	(d)  The vapor product and tobacco awareness program and the
	vapor- and tobacco-related community service are remedial and are
	not punishment.
	(e)  Not later than the 90th day after the date of a
	conviction under Section 161.252, the defendant shall present to
	the court, in the manner required by the court, evidence of
	satisfactory completion of the vapor product and tobacco awareness
	program or the vapor- and tobacco-related community service.
	SECTION 27.  Section 161.255(a), Health and Safety Code, is
	amended to read as follows:
	(a)  An individual convicted of an offense under Section
	161.252 may apply to the court to have the conviction expunged.  If
	the court finds that the individual satisfactorily completed the
	vapor product and tobacco awareness program or vapor- and
	tobacco-related community service ordered by the court, the court
	shall order the conviction and any complaint, verdict, sentence, or
	other document relating to the offense to be expunged from the
	individual's record and the conviction may not be shown or made
	known for any purpose.
	SECTION 28.  Section 161.256, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.256.  JURISDICTION OF COURTS. A justice court or
	municipal court may exercise jurisdiction over any matter in which
	a court under this subchapter may:
	(1)  impose a requirement that a defendant attend a
	vapor product and tobacco awareness program or perform vapor- and
	tobacco-related community service; or
	(2)  order the suspension or denial of a driver's
	license or permit.
	SECTION 29.  The heading to Subchapter O, Chapter 161,
	Health and Safety Code, is amended to read as follows:
	SUBCHAPTER O.  PREVENTION OF TOBACCO AND VAPOR PRODUCT USE BY MINORS
	SECTION 30.  The heading to Section 161.301, Health and
	Safety Code, is amended to read as follows:
	Sec. 161.301.  TOBACCO AND VAPOR PRODUCT USE PUBLIC
	AWARENESS CAMPAIGN.
	SECTION 31.  Section 161.301(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The commissioner shall develop and implement a public
	awareness campaign designed to reduce the [tobacco] use by minors
	in this state of tobacco and of vapor products as defined by Section
	161.081. The campaign may use advertisements or similar media to
	provide educational information about tobacco and vapor product
	use.
	SECTION 32.  Section 161.302(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The entity administering Section 161.301 shall also
	develop and implement a grant program to support youth groups that
	include as a part of the group's program components related to
	reduction of [tobacco] use by the group's members of tobacco and of
	vapor products as defined by Section 161.081.
	SECTION 33.  The heading to Subchapter R, Chapter 161,
	Health and Safety Code, is amended to read as follows:
	SUBCHAPTER R.  DELIVERY SALES OF CIGARETTES AND VAPOR PRODUCTS
	SECTION 34.  Section 161.451, Health and Safety Code, is
	amended by amending Subdivisions (1) and (3) and adding Subdivision
	(5) to read as follows:
	(1)  "Delivery sale" means a sale of cigarettes or
	vapor products to a consumer in this state in which the purchaser
	submits the order for the sale by means of a telephonic or other
	method of voice transmission, by using the mails or any other
	delivery service, or through the Internet or another on-line
	service, or the cigarettes or vapor products are delivered by use of
	the mails or another delivery service. A sale of cigarettes or
	vapor products is a delivery sale regardless of whether the seller
	is located within or without this state. A sale of cigarettes or
	vapor products not for personal consumption to a person who is a
	wholesale dealer or a retail dealer is not a delivery sale.
	(3)  "Shipping container" means a container in which
	cigarettes or vapor products are shipped in connection with a
	delivery sale.
	(5)  "Vapor product" has the meaning assigned by
	Section 161.081.
	SECTION 35.  Section 161.452, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.452.  REQUIREMENTS FOR DELIVERY SALES. (a) A
	person may not make a delivery sale of cigarettes or vapor products
	to an individual who is under the age prescribed by Section 161.082.
	(b)  A person taking a delivery sale order shall comply with:
	(1)  the age verification requirements prescribed by
	Section 161.453;
	(2)  the disclosure requirements prescribed by Section
	161.454;
	(3)  the shipping requirements prescribed by Section
	161.455;
	(4)  the registration and reporting requirements
	prescribed by Section 161.456;
	(5)  the tax collection requirements prescribed by
	Section 161.457, if applicable; and
	(6)  each law of this state that generally applies to
	sales of cigarettes or vapor products that occur entirely within
	this state, if applicable, including a law:
	(A)  imposing a tax; or
	(B)  prescribing a permitting or tax-stamping
	requirement.
	SECTION 36.  Section 161.453(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A person may not mail or ship cigarettes or vapor
	products in connection with a delivery sale order unless before
	mailing or shipping the cigarettes or vapor products 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 18 years of age; and
	(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 or vapor
	products to an individual under the age prescribed by Section
	161.082 are illegal under state law, and that the purchase of
	cigarettes or vapor products by an individual under that age is
	illegal under state law; and
	(iii)  confirming that the prospective
	purchaser wants to receive mailings from a vapor product or 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.
	SECTION 37.  Section 161.454, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.454.  DISCLOSURE REQUIREMENTS. The notice required
	by Section 161.453(a)(3) must include a prominent and clearly
	legible statement that:
	(1)  cigarette and vapor product sales to individuals
	who are below the age prescribed by Section 161.082 are illegal
	under state law;
	(2)  sales of cigarettes and vapor products are
	restricted to those individuals who provide verifiable proof of age
	in accordance with Section 161.453; and
	(3)  cigarette sales are taxable under Chapter 154, Tax
	Code, and an explanation of how that tax has been or is to be paid
	with respect to the delivery sale.
	SECTION 38.  Section 161.455, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.455.  SHIPPING REQUIREMENTS. (a) A person who
	mails or ships cigarettes or vapor products in connection with a
	delivery sale order shall:
	(1)  include as part of the shipping documents a clear
	and conspicuous statement: "CIGARETTES AND VAPOR PRODUCTS: TEXAS
	LAW PROHIBITS SHIPPING TO INDIVIDUALS UNDER 18 YEARS OF AGE AND
	REQUIRES THE PAYMENT OF ALL APPLICABLE TAXES";
	(2)  use a method of mailing or shipping that obligates
	the delivery service to require:
	(A)  the purchaser placing the delivery sale
	order, or an adult who is at least 18 years of age and who resides at
	the purchaser's address, to sign to accept delivery of the shipping
	container; and
	(B)  the person signing to accept delivery of the
	shipping container to provide proof, in the form of a
	government-issued identification bearing a photograph that the
	person is:
	(i)  the addressee or an adult who is at
	least 18 years of age and who resides at the purchaser's address;
	and
	(ii)  at least 18 years of age if the person
	appears to be younger than 27 years of age; and
	(3)  provide to the delivery service retained to make
	the delivery evidence of full compliance with Section 161.457.
	(b)  A person taking a delivery sale order who delivers the
	cigarettes or vapor products without using a third-party delivery
	service shall comply with the requirements prescribed by this
	subchapter that apply to a delivery service.
	SECTION 39.  Section 161.456, Health and Safety Code, is
	amended to read as follows:
	Sec. 161.456.  REGISTRATION AND REPORTING REQUIREMENTS. (a)
	A person may not make a delivery sale or ship cigarettes or vapor
	products in connection with a delivery sale unless the person first
	files with the comptroller a statement that includes:
	(1)  the person's name and trade name; and
	(2)  the address of the person's principal place of
	business and any other place of business, and the person's
	telephone number and e-mail address.
	(b)  Not later than the 10th day of each month, each person
	who has made a delivery sale or shipped or delivered cigarettes or
	vapor products in connection with a delivery sale during the
	previous month shall file with the comptroller a memorandum or a
	copy of the invoice that provides for each delivery sale:
	(1)  the name, address, telephone number, and e-mail
	address of the individual to whom the delivery sale was made;
	(2)  the brand or brands of the cigarettes or vapor
	products that were sold; and
	(3)  the quantity of cigarettes or vapor products that
	were sold.
	(c)  With respect to cigarettes, a [A] person who complies
	with 15 U.S.C. Section 376, as amended, is considered to have
	complied with this section.
	SECTION 40.  Section 161.461(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Cigarettes or vapor products sold or that a person
	attempted to sell in a delivery sale that does not comply with this
	subchapter are forfeited to the state and shall be destroyed.
	SECTION 41.  Section 48.01, Penal Code, is amended by
	amending Subsections (a), (c), (d), and (e) and adding Subsection
	(a-1) to read as follows:
	(a)  In this section, "vapor product" has the meaning
	assigned by Section 161.081, Health and Safety Code.
	(a-1)  A person commits an offense if the person [he] is in
	possession of a burning tobacco product, [or] smokes tobacco, or
	operates a vapor product in a facility of a public primary or
	secondary school or an elevator, enclosed theater or movie house,
	library, museum, hospital, transit system bus, [or] intrastate bus,
	[as defined by Section 541.201, Transportation Code,] plane, or
	train which is a public place.
	(c)  All conveyances and public places set out in Subsection
	(a-1) [(a) of Section 48.01] shall be equipped with facilities for
	extinguishment of smoking materials and it shall be a defense to
	prosecution under this section if the conveyance or public place
	within which the offense takes place is not so equipped.
	(d)  It is an exception to the application of Subsection
	(a-1) [(a)] if the person is in possession of the burning tobacco
	product, [or] smokes tobacco, or operates the vapor product
	exclusively within an area designated for smoking tobacco or
	inhaling from a vapor product or as a participant in an authorized
	theatrical performance.
	(e)  An area designated for smoking tobacco or inhaling from
	a vapor product on a transit system bus or intrastate plane or train
	must also include the area occupied by the operator of the transit
	system bus, plane, or train.
	SECTION 42.  Sections 161.082(a) and 161.252(a), Health and
	Safety Code, as amended by this Act, and Section 48.01, Penal Code,
	as amended by this Act, apply only to an offense committed on or
	after October 1, 2015. An offense committed before that date is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before October
	1, 2015, if any element of the offense occurred before that date.
	SECTION 43.  (a) The comptroller shall develop the sign
	described by Section 161.084, Health and Safety Code, as amended by
	this Act, and make the sign available to the public not later than
	September 15, 2015.
	(b)  This section takes effect September 1, 2015.
	SECTION 44.  Except as otherwise provided by this Act, this
	Act takes effect October 1, 2015.