reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 161.086 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products|Section 161.086. Vendor Assisted Sales Required; Vending Machines

Sec. 161.086.  VENDOR ASSISTED SALES REQUIRED;  VENDING MACHINES.  (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.(b)  Subsection (a) does not apply to:(1)  a facility or business that is not open to persons younger than 21 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 and that is not open to persons younger than 21 years of age at any time; or(3)  a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code and that is not open to persons younger than 21 years of age at any time.(c)  The comptroller or a peace officer may, with or without a warrant, seize, seal, or disable a vending machine installed or maintained in violation of this section.  Property seized under this subsection must be seized in accordance with, and is subject to forfeiture to the state in accordance with, Subchapter H, Chapter 154, Tax Code, and Subchapter E, Chapter 155, Tax Code.(d)  A person commits an offense if the person violates Subsection (a).  An offense under this subsection is a Class C misdemeanor.|Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Jan. 1, 1998.  Amended by Acts 1999, 76th Leg., ch. 567, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 10, eff. October 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 9, eff. September 1, 2019.|
TX Health & Safety Code § 161.087 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products|Section 161.087. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products

Sec. 161.087.  DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS.  (a)  A person may not distribute:(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 cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product.(a-1)  A person may not distribute to persons younger than 21 years of age a coupon or other item that the recipient may use to receive a discounted 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: (1)  a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product; or(2)  a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product if the recipient is younger than 21 years of age.(b-1)  A coupon or other item that a recipient described by Subsection (b) may use to receive a discounted cigarette, e-cigarette, or tobacco product may not be redeemable through mail or courier delivery.(c)  Subsections (a)(2), (a-1), (b), and (b-1) do not apply to a transaction between permit holders unless the transaction is a retail sale.(d)  A person commits an offense if the person violates this section.  An offense under this subsection is a Class C misdemeanor.|Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 11, eff. October 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 12, eff. October 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 10, eff. September 1, 2019.|
TX Health & Safety Code § 161.0875 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products|Section 161.0875. Sale of E-Cigarette Nicotine Containers

Sec. 161.0875.  SALE OF E-CIGARETTE NICOTINE CONTAINERS.  (a)  A person may not sell or cause to be sold a container that contains liquid with nicotine and that is an accessory for an e-cigarette unless:(1)  the container satisfies the child-resistant effectiveness standards under 16 C.F.R. Section 1700.15(b)(1) when tested in accordance with the method described by 16 C.F.R. Section 1700.20; or(2)  the container is a cartridge that is prefilled and sealed by the manufacturer and is not intended to be opened by a consumer.(b)  If the federal government adopts standards for the packaging of a container described by Subsection (a), a person who complies with those standards is considered to be in compliance with this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 13, eff. October 1, 2015.|
TX Health & Safety Code § 161.089 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products|Section 161.089. Preemption of Local Law

Sec. 161.089.  PREEMPTION OF LOCAL LAW.  (a)  Except as provided by Subsection (b), this subchapter does not preempt a local regulation of the sale, distribution, or use of 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 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.(b)  A political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by this subchapter.|Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 12, eff. September 1, 2019.|
TX Health & Safety Code § 161.090 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products|Section 161.090. Reports of Violation

Sec. 161.090.  REPORTS OF VIOLATION.  A local or state law enforcement agency or other governmental unit shall notify the comptroller, on the 10th day of each month, or the first working day after that date, of any violation of this subchapter that occurred in the preceding month that the agency or unit detects, investigates, or prosecutes.|Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Sept. 1, 1997.|
TX Health & Safety Code § 161.0902 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products|Section 161.0902. E-Cigarette Report

Sec. 161.0902.  E-CIGARETTE REPORT.  (a)  Not later than January 5th of each odd-numbered year, the department shall report to the governor, lieutenant governor, and speaker of the house of representatives on the status of the use of e-cigarettes in this state.(b)  The report must include, at a minimum:(1)  a baseline of statistics and analysis regarding retail compliance with this subchapter and Subchapter R;(2)  a baseline of statistics and analysis regarding illegal e-cigarette sales, including:(A)  sales to minors;(B)  enforcement actions concerning minors; and(C)  sources of citations;(3)  e-cigarette controls and initiatives by 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 department to decrease the use of e-cigarettes;(5)  the educational programs of the department and the effectiveness of those programs; and(6)  the incidence of use of e-cigarettes by regions in this state, including use of e-cigarettes by ethnicity.(c)  The department may include the report required by this section with a similar report for cigarettes or tobacco products required by law.|Added by Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 15, eff. October 1, 2015.|
TX Health & Safety Code § 161.0903 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products|Section 161.0903. Use of Certain Revenue

Sec. 161.0903.  USE OF CERTAIN REVENUE.  Revenue from fees collected under Section 161.123 and from the sale of permits under Chapter 147 of this code, retailer permits under Chapter 154, Tax Code, and retailer permits under Chapter 155, Tax Code, shall be deposited in the general revenue fund and may be appropriated only as provided by this section.  The revenue shall be appropriated, in order of priority, to:(1)  the comptroller for the purpose of administering retailer permitting under Chapter 147 of this code and Chapters 154 and 155, Tax Code; and(2)  the comptroller for the purpose of administering and enforcing this subchapter and Subchapters K and N.|Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 4, eff. September 1, 2021.|
TX Health & Safety Code § 161.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter J. Exposure to Lead|Section 161.101. Tests for Exposure to Lead

Sec. 161.101.  TESTS FOR EXPOSURE TO LEAD.  (a)  At the request of an attending physician, the department shall conduct tests for lead poisoning if the physician suspects that a person has been exposed to lead and that the person may have been harmed by that exposure.(b)  The department shall charge only for the cost to the department of conducting the test.(c)  The executive commissioner shall adopt rules to implement this section.|Acts 1991, 72nd Leg., ch. 695, Sec. 1, eff. Aug. 26, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0472, eff. April 2, 2015.|
TX Health & Safety Code § 161.121 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter K. Prohibition of Certain Cigarette or Tobacco Product Advertising; Fee|Section 161.121. Definitions

Sec. 161.121.  DEFINITIONS.  In this subchapter:(1)  "Church" means a facility that is owned by a religious organization and that is used primarily for religious services.(2)  "Cigarette" has the meaning assigned by Section 154.001, Tax Code.(3)  "School" means a private or public elementary or secondary school.(4)  "Sign" means an outdoor medium, including a structure, display, light device, figure, painting, drawing, message, plaque, poster, or billboard, that is:(A)  used to advertise or inform;  and(B)  visible from the main-traveled way of a street or highway.(5)  "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.|Added by Acts 1993, 73rd Leg., ch. 107, Sec. 5.02(a), eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 671, Sec. 2.01, eff. Sept. 1, 1997.|
TX Health & Safety Code § 161.122 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter K. Prohibition of Certain Cigarette or Tobacco Product Advertising; Fee|Section 161.122. Prohibition Relating to Certain Signs; Exceptions

Sec. 161.122.  PROHIBITION RELATING TO CERTAIN SIGNS;  EXCEPTIONS.  (a)  Except as provided by this section, a sign containing an advertisement for 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 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.(c)  This section does not apply to a sign located on or in a facility owned or leased by a professional sports franchise or in a facility where professional sports events are held at least 10 times during a 12-month period.(d)  In Subsection (c), a "facility" includes a stadium, arena, or events center and any land or property owned or leased by the professional sports franchise that is connected to or immediately contiguous to the stadium, arena, or events center.(e)  Subsection (a) does not apply to a sign containing an advertisement for cigarettes or tobacco products that, before September 1, 1997, was located closer than 1,000 feet to a church or school but that was not located closer than 500 feet to the church or school.(f)  A person commits an offense if the person places or authorizes the placement of a sign in violation of this section.  An offense under this subsection is a Class C misdemeanor.|Added by Acts 1993, 73rd Leg., ch. 107, Sec. 5.02(a), eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 671, Sec. 2.01, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 209, Sec. 1, eff. Oct. 1, 2003.|
TX Health & Safety Code § 161.123 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter K. Prohibition of Certain Cigarette or Tobacco Product Advertising; Fee|Section 161.123. Advertising Fee

Sec. 161.123.  ADVERTISING FEE.  (a)  A purchaser of advertising is liable for and shall remit to the comptroller a fee that is 10 percent of the gross sales price of any outdoor advertising of cigarettes and tobacco products in this state.(b)  The comptroller shall collect the fee as provided in this section.(c)  The liability for the payment of fees under this section may not be nullified by contract.(d)  The comptroller shall establish by rule the periods for collection of the fees and the methods of payment and shall adopt other rules necessary to administer and enforce this section.(e)  In this section, "gross sales price" means the sum of:(1)  production costs;(2)  media cost;  and(3)  cost of sales or commissions paid to an agency or broker.|Added by Acts 1997, 75th Leg., ch. 671, Sec. 2.01, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 5, eff. September 1, 2021.|
TX Health & Safety Code § 161.125 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter K. Prohibition of Certain Cigarette or Tobacco Product Advertising; Fee|Section 161.125. Administrative Penalty

Sec. 161.125.  ADMINISTRATIVE PENALTY.  (a)  The comptroller by order may impose an administrative penalty against a purchaser of advertising required to comply with Section 161.123 who violates that section or a rule or order adopted under that section.(b)  The penalty for a violation may be in an amount not to exceed $5,000.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(c)  The amount of the penalty shall be based on:(1)  the amount of fees due and owing;(2)  attempted concealment of misconduct by the person who committed the violation;(3)  premeditated misconduct by the person who committed the violation;(4)  intentional misconduct by the person who committed the violation;(5)  the motive of the person who committed the violation;(6)  prior misconduct of a similar or related nature by the person who committed the violation;(7)  prior written warnings or written admonishments from any government agency or official regarding statutes or regulations pertaining to the misconduct;(8)  violation by the person who committed the violation of an order of the comptroller;(9)  lack of rehabilitative potential or likelihood for future misconduct of a similar nature;(10)  relevant circumstances increasing the seriousness of the misconduct;  and(11)  any other matter justice may require.(d)  The comptroller shall prescribe the procedure by which the comptroller may impose an administrative penalty under this section.(e)  A proceeding under this section is subject to Chapter 2001, Government Code.(f)  If the comptroller by order finds that a violation has occurred and imposes an administrative penalty, the comptroller shall give notice to the person of the comptroller's order.  The notice must include a statement of the rights of the person to judicial review of the order.(g)  If the purchaser of advertising does not pay the amount of the penalty, the comptroller may refer the matter to the attorney general for collection of the amount of the penalty.(h)  A penalty collected under this section shall be deposited in the general revenue fund.|Added by Acts 1997, 75th Leg., ch. 671, Sec. 2.01, eff. Sept. 1, 1997.|
TX Health & Safety Code § 161.131 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter L. Abuse, Neglect, and Unprofessional or Unethical Conduct in Health Care Facilities|Section 161.131. Definitions

Sec. 161.131.  DEFINITIONS.  In this subchapter:(1)  "Abuse" has the meaning assigned by the federal Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. Section 10801 et seq.).(2)  "Comprehensive medical rehabilitation" means the provision of rehabilitation services that are designed to improve or minimize a person's physical or cognitive disabilities, maximize a person's functional ability, or restore a person's lost functional capacity through close coordination of services, communication, interaction, and integration among several professions that share the responsibility to achieve team treatment goals for the person.(3)  "Hospital" has the meaning assigned by Section 241.003.(4)  "Illegal conduct" means conduct prohibited by law.(5)  "Inpatient mental health facility" has the meaning assigned by Section 571.003.(6)  "License" means a state agency permit, certificate, approval, registration, or other form of permission required by state law.(7)  "Mental health facility" has the meaning assigned by Section 571.003.(8)  "Neglect" has the meaning assigned by the federal Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. Section 10801 et seq.).(9)  "State health care regulatory agency" means a state agency that licenses a health care professional.(10)  "Treatment facility" has the meaning assigned by Section 464.001.(11)  "Unethical conduct" means conduct prohibited by the ethical standards adopted by state or national professional organizations for their respective professions or by rules established by the state licensing agency for the respective profession.(12)  "Unprofessional conduct" means conduct prohibited under rules adopted by the state licensing agency for the respective profession.|Added by Acts 1993, 73rd Leg., ch. 573, Sec. 1.01, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0473, eff. April 2, 2015.|
TX Health & Safety Code § 161.133 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle H - Public Health Provisions|Chapter 161 - Public Health Provisions|Subchapter L. Abuse, Neglect, and Unprofessional or Unethical Conduct in Health Care Facilities|Section 161.133. Inservice Training

Sec. 161.133.  INSERVICE TRAINING.  (a)  The executive commissioner by rule shall require each inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services to annually provide as a condition of continued licensure a minimum of eight hours of inservice training designed to assist employees and health care professionals associated with the facility in identifying patient abuse or neglect and illegal, unprofessional, or unethical conduct by or in the facility.(b)  The rules must prescribe:(1)  minimum standards for the training program; and(2)  a means for monitoring compliance with the requirement.(c)  The department shall review and the executive commissioner shall modify the rules as necessary not later than the last month of each state fiscal year.|Added by Acts 1993, 73rd Leg., ch. 573, Sec. 1.01, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0475, eff. April 2, 2015.|