85R236 AJZ-D
	By: Howard	H.B. No. 628

	A BILL TO BE ENTITLED
	AN ACT
	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.  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 [18] YEARS OF AGE PROHIBITED;
	PROOF OF AGE REQUIRED.
	SECTION 3.  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 [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 21 [18] years
	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 [18] years of age or older, and was issued by a
	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 4.  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 [27] YEARS OF AGE.
	SECTION 5.  Sections 161.083(a) and (a-1), Health and Safety
	Code, are amended to read as follows:
	(a)  A [Pursuant to federal regulation under 21 C.F.R.
	Section 1140.14(b), a] person may not sell, give, or cause to be
	sold or given a cigarette or tobacco product to someone who is
	younger than 30 [27] years of age unless the person to whom the
	cigarette or tobacco product was sold or given presents an
	apparently valid proof of identification.
	(a-1)  A person may not sell, give, or cause to be sold or
	given an e-cigarette to someone who is younger than 30 [27] years of
	age unless the person to whom the e-cigarette was sold or given
	presents an apparently valid proof of identification.
	SECTION 6.  Section 161.084(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The sign must include the statement:
	PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO
	PRODUCTS BY A MINOR UNDER 21 [18] YEARS OF AGE IS PROHIBITED BY LAW.
	SALE OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A MINOR
	UNDER 21 [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.
	SECTION 7.  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 [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 this section [Subsection (a)]
	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 [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 8.  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 [18] years of age at any time;
	(2)  that part of a facility or business that is a
	humidor or other enclosure designed to store cigars in a
	climate-controlled environment; or
	(3)  a premises for which a person holds a package store
	permit issued under the Alcoholic Beverage Code.
	SECTION 9.  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 21
	[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 21
	[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 10.  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
	[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, 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 [18] years of age to
	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 20 [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 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 11.  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 12.  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 [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 21
	[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 21 [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.
	(c)  It is an exception to the application of this section
	that the individual younger than 21 [18] years of age is
	participating in an inspection or test of compliance in accordance
	with Section 161.088.
	SECTION 13.  Section 161.452(b), Health and Safety Code, is
	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)  [the shipping requirements prescribed by Section
	161.455;
	[(4)]  the registration and reporting requirements
	prescribed by Section 161.456;
	(4) [(5)]  the tax collection requirements prescribed
	by Section 161.457; and
	(5) [(6)]  each law of this state that generally
	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.
	SECTION 14.  Section 161.453(a), Health and Safety Code, is
	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 [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 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.
	SECTION 15.  Section 161.455, Health and Safety Code, is
	repealed.
	SECTION 16.  (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.
	SECTION 17.  This Act takes effect September 1, 2017.