Texas "Under 18 " Tobacco Laws

 

Minors and Parents

 

Effective September 1, 1997, Senate Bill No. 55 was passed into legislation in an effort to curb tobacco use by minors.  The comprehensive measure deals with prevention efforts, vending machine restrictions, new regulations on tobacco retailers, and a new offense prohibiting the possessing of tobacco by a minor.  Most of the provisions of the bill became effective on September 1, 1997.  However, the new offense prohibiting persons under the age of 18 to possess tobacco products is effective "January 1, 1998." The new legislation covers the possession, purchase, consumption, or receipt of cigarettes or tobacco products by minors under 18 years of age. Legislation also sets out the following punishment:

Punishable by fine not to exceed $250.00, Required to attend a tobacco awareness program, or If defendant lives in a rural area where a tobacco awareness program is not available the court shall require the defendant to perform 8 to 12 hours of tobacco-related community service,

Proof of completion of a tobacco awareness program or tobacco-related community service must be presented to the Court within 90 days, if not the defendant's drivers license will be order suspended for a period not to exceed 180 days. 

NOTE:  The Court may require the parent or guardian of the defendant to attend the tobacco awareness program with the defendant

 

 

 

Merchants and their employees must comply with the Texas Tobacco Law enacted September 1, 1997, failure to do so can and will result in hefty penalties for both the employee and/or the merchant.  The new law sets forth the following provisions:

Prohibits retailers and their employees from selling or providing tobacco products, or giving coupons for tobacco purchases to any person under 18 years of age.**

Prohibits distribution of free samples of tobacco products to any person under 18 years of age.**

Prohibits the sale of cigarettes in individual packages containing fewer than 20 cigarettes and imposes a $100 fine for violation (Class A misdemeanor).

Requires retailers and their employees to request identification from all customers under the age of 27 who try to buy cigarettes or tobacco products.**

Allows retailers to be fined up to $1,000 per occurrence and/or have their permit revoked or suspended for selling tobacco products to any person under 27 years of age without valid identification.

Makes retailers responsible for the training and supervision of employees regarding the new tobacco laws.

Subjects employees to criminal prosecution for a Class C misdemeanor if they knowingly sell tobacco products to minors.

Requires retailers to notify employees of the consequences of violating the tobacco law within 72 hours of when the employee begins selling tobacco products.  Retailers must also retain a form signed by the employee as proof that the notice was given.  In addition to the employee's name, current address, social security number, and signature date, the form must include a statement that the law has been fully explained, that the individual understands the law, and that the individual agrees to comply with the law.**

Requires retailers to retain the signed "employee notification" form for 60 days after the individual leaves employment.   Retailers must present the forms to law enforcement officers and/or state officials on demand.**

Requires retailers to conspicuously display a sign warning employees and customers about the tobacco law and the penalties for violations of the law.   The warning sign must be approved or supplied by the Comptroller; however, signs approved or supplied by the Texas Department of Health satisfy this requirement through December 31, 1997.**

Subjects retailers to random inspection by local law enforcement and state officials to ensure compliance with the tobacco law.

Prohibits the placement of tobacco vending machines in any business that is accessible to minors.**

Prohibits retailers or anyone else from selling cigarettes or tobacco products in a manner that allows customers direct access to the cigarettes or tobacco products.

Prohibits the advertisement of cigarettes or tobacco products within 1,000 feet of a school or church.

**Violation is a Class C misdemeanor and retailers are subject to suspension or revocation of their cigarette or tobacco products permit and a fine of up to $1,000.