Texas Tobacco Laws

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:

1. Continues the existing penalty for the store clerk that sells tobacco to a minor, which is a Class C misdemeanor.
2. Requires tobacco retailers to verify the age of purchasers appearing to be younger than 27 years of age through the use of photo identification.
3. 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.
4. 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.
5. Giveaways of free samples and coupons to anyone under 18 are prohibited.
6. Sales of cigarettes of less than 20 per pack (Kiddie Packs) are prohibited.
7. 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.
8. 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)

9. Retailers must inform employees that tobacco sales to minors are illegal.
10. 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.
11. 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.
12. Outdoor advertising is prohibited within 1,000 feet of a church or school.