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Texas
Tobacco Laws
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In 1997, the Texas Legislature
enacted a bill (SB 55 - see below) that made it illegal to sell
tobacco products to minors - those younger than 18 years of age.
Anyone 27 years old or younger must present a valid identification
before buying tobacco products. Warning signs must be posted at
each retailer's location.
For
more information, visit the Texas Comptroller of Public Accounts
web site.
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Worth It? is the public education campaign aimed at educating
teens about the Texas Tobacco Law (see Senate Bill 55 below) and its
consequences. The Worth
It? web site includes a statewide listing of instructors for tobacco
awareness classes.
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State Laws Affecting Tobacco Use in Texas
Links to Texas Statutes:
Education Code, Chapter 38, Section 38.006: Tobacco on School Grounds/School Activities
Go
to statute
Health & Safety Code, Chapter 161, Sections 161.081-161.0901: Sales & Distribution to Minors
Go
to statute
Health & Safety Code, Chapter 161, Sections 161.121-161.125: Advertising
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to statute
Health & Safety Code, Chapter 161, Sections 161.251-161.257: Possession by a Minor/Awareness Class
Go
to statute
Health & Safety Code, Chapter 161, Sections 161.301-161.302: Youth Awareness Campaign
Go
to statute
Health & Safety Code, Chapter 161, Sections 161.351-161.355: Ingredients Disclosure
Go
to statute
Labor Code, Chapter 411, Sections 411.101-411.411.110: Occupational Health & Safety
Go
to statute
Penal Code, Chapter 48, Sections 48.01-48.015: Smoking in Public Places
Go
to statute
Tax Code, Chapter 154, Sections 154.001-154.603: Cigarette Tax
Go
to statute
Tax Code, Chapter 154, Sections 155.001-155.241: Cigar & Tobacco Product Tax
Go
to statute
Links to Texas Administrative Code:
Title 40 Social Services and Assistance
Part 19 Texas Department of Family and Protective Services
Chapter 746 Minimum Standards for Child-Care Centers
Title 40 Social Services and Assistance
Part 19 Texas Department of Family and Protective Services
Chapter
747 Minimum Standards for Child-Care Homes
Senate Bill 55
(Youth Access to Tobacco Products)
Senate
Bill 55 - 1997 Texas Legislative Session
(Link to Texas Legislature Online)
Senate Bill 55 - Summary
Youth Access to Tobacco Products
The tobacco law, formerly Senate Bill 55, is a comprehensive
approach to reducing children's access to tobacco products. Specifically,
the law:
- Continues the existing penalty for the store clerk that sells tobacco
to a minor, which is a Class C misdemeanor.
- Requires tobacco retailers to verify the age of purchasers appearing
to be younger than 27 years of age through the use of photo identification.
- Existing signage is amended to include that it is BOTH illegal to
sell to minors and illegal for minors to buy (Comptroller responsibility).
The sign will say: PURCHASING OR ATTEMPTING TO PURCHASE TOBACCO
PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.
SALE OR PROVISION OF 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 1-800-345-8647.
- Vending machine and self service sales are restricted except in
places not open to those under 18 years of age or in places used as
cigar humidors.
- Giveaways of free samples and coupons to anyone under 18 are prohibited.
- Sales of cigarettes of less than 20 per pack (Kiddie Packs) are
prohibited.
- A retail permit fee of $125 for 1998-99 and $180 for 2000-01 is
assessed (a permit is required now, but fee is attached). The fee
funds administration of the bill and enforcement and awareness programs.
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Retailers are subject to the following penalties
upon failure to adequately supervise or train employee. All
offenses must be within a 12-month period.
- First offense: up to $500 fine
- Second offense: up to $750 fine
- Third offense: up to $1,000 or 3-day
permit suspension
- Four or more offenses: permit revocation
(can apply after six months)
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Retailers must inform employees that tobacco sales
to minors are illegal.
- The retailer is protected from permit revocation if his employees
attend a comptroller approved training program. There is no
protection from permit revocation if a retailer has eight violations
within a two-year period.
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Minors are penalized for purchasing or possessing
tobacco products and must attend a tobacco
awareness program or do community service. Failure to
attend the tobacco awareness program or do the community service
may result in a suspension of the minor's drivers license.
A violation is punishable by a fine not to exceed $250. Upon
producing evidence of attending a tobacco awareness program or doing
the community service, the charge may be dismissed except in the
case of repeated offenses.
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Outdoor advertising is prohibited within 1,000
feet of a church or school.
This page was last modified November 16, 2006 |