Bill Text: TX SB97 | 2015-2016 | 84th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to regulation of the sale, distribution, possession, use, and advertising of e-cigarettes, cigarettes, and tobacco products; amending provisions subject to a criminal penalty.

Spectrum: Slight Partisan Bill (Democrat 10-5)

Status: (Passed) 2015-05-28 - See remarks for effective date [SB97 Detail]

Download: Texas-2015-SB97-Engrossed.html

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By: Hinojosa, et al. S.B. No. 97

A BILL TO BE ENTITLED
AN ACT
relating to regulation of the sale, distribution, possession, use,
and advertising of e-cigarettes; 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, E-CIGARETTES, OR TOBACCO
PRODUCTS
SECTION 2. Section 161.081, Health and Safety Code, is
amended by adding Subdivision (1-a) and amending Subdivisions (3)
and (4) to read as follows:
(1-a) "E-cigarette" means an electronic cigarette or
any other device that simulates smoking by using a mechanical
heating element, battery, or electronic circuit to deliver nicotine
or other substances to the individual inhaling from the device. The
term does not include a prescription medical device unrelated to
the cessation of smoking. The term includes:
(A) a device described by this subdivision
regardless of whether the device is manufactured, distributed, or
sold as an e-cigarette, e-cigar, or e-pipe or under another product
name or description; and
(B) a component, part, or accessory of the
device, regardless of whether the component, part, or accessory is
sold separately from the device.
(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, e-cigarettes, or tobacco
products.
(4) "Retailer" means a person who engages in the
practice of selling cigarettes, e-cigarettes, or tobacco products
to consumers and includes the owner of a coin-operated cigarette,
e-cigarette, 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.
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 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, e-cigarette, 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, e-cigarette, 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, e-cigarettes, 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, e-cigarette, 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, e-cigarettes, 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, E-CIGARETTES, 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 an e-cigarette to someone who is younger than 27 years of age
unless the person to whom the e-cigarette 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, e-cigarettes, 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, e-cigarettes, or
tobacco products may be purchased.
(b) The sign must include the statement:
PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO
PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE
OR PROVISION OF E-CIGARETTES 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, e-cigarettes, or
tobacco products. The comptroller may provide the sign without
charge to distributors of cigarettes, e-cigarettes, or tobacco
products or wholesale dealers of cigarettes, e-cigarettes, or
tobacco products in this state for distribution to persons who sell
cigarettes, e-cigarettes, 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,
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
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,
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 Subsection (a) must be provided
within 72 hours of the date an individual begins to engage in retail
sales of e-cigarettes 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, e-cigarettes, or tobacco
products for sale in a manner that permits a customer direct access
to the cigarettes, e-cigarettes, or tobacco products; or
(2) install or maintain a vending machine containing
cigarettes, e-cigarettes, 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, E-CIGARETTES, 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, e-cigarette, or
tobacco product; or
(2) a coupon or other item that the recipient may use
to receive a free or discounted cigarette, e-cigarette, or tobacco
product or a sample 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 a coupon or other
item that the recipient may use to receive a free or discounted
cigarette, e-cigarette, or tobacco product or a sample cigarette,
e-cigarette, 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, e-cigarette, or tobacco
product or a sample cigarette, e-cigarette, 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, e-cigarettes, 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,
e-cigarettes, 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, 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 cigarettes, e-cigarettes,
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, e-cigarettes, 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, e-cigarettes, 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
e-cigarettes, 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 e-cigarette and tobacco sales, including:
(A) sales to minors;
(B) enforcement actions concerning minors; and
(C) sources of citations;
(3) e-cigarette 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
e-cigarettes, 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 e-cigarettes, tobacco, and
tobacco products by regions in this state, including use of
cigarettes, e-cigarettes, 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, E-CIGARETTE, OR
TOBACCO PRODUCT ADVERTISING; FEE
SECTION 17. Section 161.121, Health and Safety Code, is
amended by adding Subdivision (2-a) to read as follows:
(2-a) "E-cigarette" 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, e-cigarettes, 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, e-cigarettes, 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. The heading to Subchapter N, Chapter 161,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER N. E-CIGARETTE AND TOBACCO USE BY MINORS
SECTION 20. Section 161.251, Health and Safety Code, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "E-cigarette" has the meaning assigned by
Section 161.081.
SECTION 21. 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, E-CIGARETTES, OR TOBACCO PRODUCTS BY MINORS
PROHIBITED.
SECTION 22. 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, e-cigarette, 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,
e-cigarette, 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, e-cigarette, 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 e-cigarette or tobacco product is required in the
performance of the employee's duties as an employee.
SECTION 23. The heading to Section 161.253, Health and
Safety Code, is amended to read as follows:
Sec. 161.253. E-CIGARETTE AND TOBACCO AWARENESS PROGRAM;
COMMUNITY SERVICE.
SECTION 24. 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 an e-cigarette and [a]
tobacco awareness program approved by the commissioner. The court
may require the parent or guardian of the defendant to attend the
e-cigarette and tobacco awareness program with the defendant.
(b) On request, an e-cigarette and [a] 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 an e-cigarette and [a]
tobacco awareness program is not readily available, the court shall
require the defendant to perform eight to 12 hours of e-cigarette-
and tobacco-related community service instead of attending the
e-cigarette and tobacco awareness program.
(d) The e-cigarette and tobacco awareness program and the
e-cigarette- 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 e-cigarette and tobacco awareness
program or the e-cigarette- and tobacco-related community service.
SECTION 25. 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
e-cigarette and tobacco awareness program or e-cigarette- 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 26. 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 an
e-cigarette and [a] tobacco awareness program or perform
e-cigarette- and tobacco-related community service; or
(2) order the suspension or denial of a driver's
license or permit.
SECTION 27. The heading to Subchapter O, Chapter 161,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER O. PREVENTION OF TOBACCO AND E-CIGARETTE USE BY MINORS
SECTION 28. The heading to Section 161.301, Health and
Safety Code, is amended to read as follows:
Sec. 161.301. TOBACCO AND E-CIGARETTE USE PUBLIC AWARENESS
CAMPAIGN.
SECTION 29. 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 e-cigarettes as defined by Section
161.081. The campaign may use advertisements or similar media to
provide educational information about tobacco and e-cigarette use.
SECTION 30. 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
e-cigarettes as defined by Section 161.081.
SECTION 31. The heading to Subchapter R, Chapter 161,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER R. DELIVERY SALES OF CIGARETTES AND E-CIGARETTES
SECTION 32. Section 161.451, Health and Safety Code, is
amended by amending Subdivisions (1) and (3) and adding Subdivision
(2-a) to read as follows:
(1) "Delivery sale" means a sale of cigarettes or
e-cigarettes 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 e-cigarettes are delivered by use of
the mails or another delivery service. A sale of cigarettes or
e-cigarettes is a delivery sale regardless of whether the seller is
located within or without this state. A sale of cigarettes or
e-cigarettes not for personal consumption to a person who is a
wholesale dealer or a retail dealer is not a delivery sale.
(2-a) "E-cigarette" has the meaning assigned by
Section 161.081.
(3) "Shipping container" means a container in which
cigarettes or e-cigarettes are shipped in connection with a
delivery sale.
SECTION 33. 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 e-cigarettes 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, if applicable;
(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 e-cigarettes 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 34. Section 161.453(a), Health and Safety Code, is
amended to read as follows:
(a) A person may not mail or ship cigarettes or e-cigarettes
in connection with a delivery sale order unless before mailing or
shipping the cigarettes or e-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 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 e-cigarettes
to an individual under the age prescribed by Section 161.082 are
illegal under state law, and that the purchase of cigarettes or
e-cigarettes by an individual under that age is illegal under state
law; and
(iii) confirming that the prospective
purchaser wants to receive mailings from an e-cigarette or [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.
SECTION 35. 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 e-cigarette sales to individuals who
are below the age prescribed by Section 161.082 are illegal under
state law;
(2) sales of cigarettes and e-cigarettes 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 36. 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 e-cigarettes in connection with a
delivery sale order shall:
(1) include as part of the shipping documents a clear
and conspicuous statement: "CIGARETTES AND E-CIGARETTES: 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 e-cigarettes without using a third-party delivery
service shall comply with the requirements prescribed by this
subchapter that apply to a delivery service.
SECTION 37. 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, "e-cigarette" 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 an e-cigarette 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 e-cigarette
exclusively within an area designated for smoking tobacco or
operating an e-cigarette or as a participant in an authorized
theatrical performance.
(e) An area designated for smoking tobacco or operating an
e-cigarette 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 38. 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 39. (a) The comptroller of public accounts 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 40. Except as otherwise provided by this Act, this
Act takes effect October 1, 2015.