reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter G. Human Milk Banks › Section 161.071. Minimum Guidelines for Human Donor Milk Banks

Sec. 161.071.  MINIMUM GUIDELINES FOR HUMAN DONOR MILK BANKS.  The department shall establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks.
Added by Acts 2001, 77th Leg., ch. 379, Sec. 1, eff. Sept. 1, 2001.
2023 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 161.081. Definitions

Sec. 161.081.  DEFINITIONS.  In this subchapter:
(1)  "Cigarette" has the meaning assigned by Section 154.001, Tax Code.
(1-a) (A)  "E-cigarette" means:
(i)  an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or
(ii)  a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision.
(B)  The term "e-cigarette" does not include a prescription medical device unrelated to the cessation of smoking.
(C)  The term "e-cigarette" includes:
(i)  a device described by this subdivision regardless of whether the device is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description; and
(ii)  a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.
(1-b)  "Minor" means a person under 21 years of age.
(2)  "Permit holder" has the meaning assigned by Section 147.0001 of this code or Section 154.001 or 155.001, Tax Code, as applicable.
(3)  "Retail sale" means a transfer of possession from a retailer to a consumer in connection with a purchase, sale, or exchange for value of cigarettes, e-cigarettes, or tobacco products.
(4)  "Retailer" means a person who engages in the practice of selling cigarettes, e-cigarettes, or tobacco products to consumers and includes the owner of a coin-operated cigarette, e-cigarette, or tobacco product vending machine.  The term includes a retailer as defined by Section 154.001 or 155.001, Tax Code, and an e-cigarette retailer as defined by Section 147.0001 of this code, as applicable.
(5)  "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.
(6)  "Wholesaler" has the meaning assigned by Section 154.001 or 155.001, Tax Code, as applicable.
Amended 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. 2, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 2, eff. September 1, 2021.
2023 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 161.0815. Nonapplicability

Sec. 161.0815.  NONAPPLICABILITY.  This subchapter does not apply to a product that is:
(1)  approved by the United States Food and Drug Administration for use in the treatment of nicotine or smoking addiction; and
(2)  labeled with a "Drug Facts" panel in accordance with regulations of the United States Food and Drug Administration.
Added by Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 2, eff. September 1, 2019.
2023 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 161.082. Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger Than 21 Years of Age Prohibited; Proof of Age Required

Sec. 161.082.  SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 21 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED.  (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 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 years of age.
(b)  If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution.
(c)  An offense under this section is a Class C misdemeanor.
(d)  It is a defense to prosecution under Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presented to the defendant apparently valid proof of identification.
(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 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.
(f)  It is an exception to the application of Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold:
(1)  is at least 18 years of age; and
(2)  presented at the time of purchase a valid military identification card of the United States military forces or the state military forces.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 50, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 161.081 and amended by Acts 1997, 75th Leg., ch. 671, Sec. 1.01.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 4, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 4, eff. September 1, 2019.
2023 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 161.0825. Use of Certain Electronically Readable Information

Sec. 161.0825.  USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION.  (a)  In this section, "transaction scan device" means a device capable of deciphering electronically readable information on a driver's license, commercial driver's license, or identification certificate.
(b)  A person may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of complying with Section 161.082.
(c)  Information accessed under this section may not be sold or otherwise disseminated to a third party for any purpose, including any marketing, advertising, or promotional activities.  The information may be obtained by court order or on proper request by the comptroller, a law enforcement officer, or a law enforcement agency.
(d)  A person who violates this section commits an offense.  An offense under this section is a Class A misdemeanor.
(e)  It is an affirmative defense to prosecution under Section 161.082 that:
(1)  a transaction scan device identified a license or certificate as valid and the defendant accessed the information and relied on the results in good faith; or
(2)  if the defendant is the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the offense under Section 161.082 occurs in connection with a sale by an employee of the owner, and the owner had provided the employee with:
(A)  a transaction scan device in working condition; and
(B)  adequate training in the use of the transaction scan device.
Added by Acts 2005, 79th Leg., Ch. 391 (S.B. 1465), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 5, eff. October 1, 2015.
2023 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 161.083. Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger Than 30 Years of Age

Sec. 161.083.  SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 30 YEARS OF AGE.  (a)  A person may not sell, give, or cause to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 30 years of age unless the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presents an apparently valid proof of identification.
(a-1)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 19, eff. September 1, 2019.
(b)  A retailer shall adequately supervise and train the retailer's agents and employees to prevent a violation of Subsection (a).
(c)  A proof of identification described by Section 161.082(e) satisfies the requirements of Subsection (a).
(d)  Notwithstanding any other provision of law, a violation of this section is not a violation of this subchapter for purposes of Section 161.0901.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Jan. 1, 1998.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 5, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 6, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 19, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 3, eff. September 1, 2021.
2023 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 161.084. Warning Notice

Sec. 161.084.  WARNING NOTICE.  (a)  Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the cigarettes, e-cigarettes, or tobacco products may be purchased.
(b)  The sign must include the statement:
PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW.  SALE OR PROVISION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO A PERSON UNDER 21 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.  THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO IS IN THE UNITED STATES MILITARY FORCES OR STATE MILITARY FORCES.
(c)  The comptroller by rule shall determine the design and size of the sign.
(d)  The comptroller on request shall provide the sign without charge to any person who sells cigarettes, e-cigarettes, or tobacco products.  The comptroller may provide the sign without charge to distributors of cigarettes, e-cigarettes, or tobacco products or wholesale dealers of cigarettes, e-cigarettes, or tobacco products in this state for distribution to persons who sell cigarettes, e-cigarettes, or tobacco products.  A distributor or wholesale dealer may not charge for distributing a sign under this subsection.
(e)  A person commits an offense if the person fails to display a sign as prescribed by this section.  An offense under this subsection is a Class C misdemeanor.
(f)  The comptroller may accept gifts or grants from any public or private source to perform the comptroller's duties under this section.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 50, eff. Sept. 1, 1991.  Renumbered from Health and Safety Code Sec. 161.082 and amended by Acts 1997, 75th Leg., ch. 671, Sec. 1.01.  Amended by Acts 2001, 77th Leg., ch. 1141, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 62 (S.B. 91), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 488 (S.B. 143), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 8, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 7, eff. September 1, 2019.
2023 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 161.085. Notification of Employees and Agents

Sec. 161.085.  NOTIFICATION OF EMPLOYEES AND AGENTS.  (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 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 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 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.
(c)  Each form signed by an individual under this section shall indicate the date of the signature and the current address and social security number of the individual.  The retailer shall retain the form signed by each individual employed as a retail sales clerk until the 60th day after the date the individual has left the employer's employ.
(d)  A retailer required by this section to notify employees commits an offense if the retailer fails, on demand of a peace officer or an agent of the comptroller, to provide the forms prescribed by this section.  An offense under this section is a Class C misdemeanor.
(e)  It is a defense to prosecution under Subsection (d) to show proof that the employee did complete, sign, and date the forms required by Subsections (b) and (c).  Proof must be shown to the comptroller or an agent of the comptroller not later than the seventh day after the date of a demand under Subsection (d).
Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 1141, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 9, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 8, eff. September 1, 2019.
2023 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.
2023 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.
2023 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.
2023 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 161.0876. Prohibited E-Cigarette Products

Sec. 161.0876.  PROHIBITED E-CIGARETTE PRODUCTS.  (a)  For purposes of this section, "e-cigarette product" includes any substance containing nicotine from any source that is intended for use in an e-cigarette.
(b)  A person commits an offense if the person markets, advertises, sells, or causes to be sold an e-cigarette product, if the product's container:
(1)  depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
(2)  imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
(3)  includes a symbol that is primarily used to market products to minors;
(4)  includes an image of a celebrity; or
(5)  includes an image that resembles a food product, including candy or juice.
(c)  An offense under this section is a Class B misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 919 (H.B. 4758), Sec. 2, eff. January 1, 2024.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 161.134. Retaliation Against Employees Prohibited

Sec. 161.134.  RETALIATION AGAINST EMPLOYEES PROHIBITED.  (a)  A hospital, mental health facility, or treatment facility may not suspend or terminate the employment of or discipline or otherwise discriminate against an employee for reporting to the employee's supervisor, an administrator of the facility, a state regulatory agency, or a law enforcement agency a violation of law, including a violation of this chapter, a rule adopted under this chapter, or a rule of another agency.
(b)  A hospital, mental health facility, or treatment facility that violates Subsection (a) is liable to the person discriminated against.  A person who has been discriminated against in violation of Subsection (a) may sue for injunctive relief, damages, or both.
(c)  A plaintiff who prevails in a suit under this section may recover actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown.
(d)  In addition to an award under Subsection (c), a plaintiff who prevails in a suit under this section may recover exemplary damages and reasonable attorney fees.
(e)  In addition to amounts recovered under Subsections (c) and (d), a plaintiff is entitled to, if applicable:
(1)  reinstatement in the plaintiff's former position;
(2)  compensation for lost wages;  and
(3)  reinstatement of lost fringe benefits or seniority rights.
(f)  A plaintiff suing under this section has the burden of proof, except that it is a rebuttable presumption that the plaintiff's employment was suspended or terminated, or that the employee was disciplined or discriminated against, for making a report related to a violation if the suspension, termination, discipline, or discrimination occurs before the 60th day after the date on which the plaintiff made a report in good faith.
(g)  A suit under this section may be brought in the district court of the county in which:
(1)  the plaintiff was employed by the defendant;  or
(2)  the defendant conducts business.
(h)  A person who alleges a violation of Subsection (a) must sue under this section before the 180th day after the date the alleged violation occurred or was discovered by the employee through the use of reasonable diligence.
(i)  This section does not abrogate any other right to sue or interfere with any other cause of action.
(j)  Each hospital, mental health facility, and treatment facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to patients, residents, employees, and visitors a statement that employees and staff are protected from discrimination or retaliation for reporting a violation of law.  The statement must be in English and in a second language.
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. 3.0476, eff. April 2, 2015.
2023 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 161.136. Brochure Relating to Sexual Exploitation

Sec. 161.136.  BROCHURE RELATING TO SEXUAL EXPLOITATION.  (a)  A state health care regulatory agency by rule may require a mental health services provider licensed by that agency to provide a standardized written brochure, in wording a patient can understand, that summarizes the law prohibiting sexual exploitation of patients.  The brochure must be available in English and in a second language.
(b)  The brochure shall include:
(1)  procedures for filing a complaint relating to sexual exploitation, including any toll-free telephone number available;  and
(2)  the rights of a victim of sexual exploitation.
(c)  In this section, "mental health services provider" has the meaning assigned by Section 81.001, Civil Practice and Remedies Code.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 1.01, eff. Sept. 1, 1993.
2023 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 161.137. Penalties

Sec. 161.137.  PENALTIES.  In addition to the penalties prescribed by this subchapter, a violation of a provision of this subchapter by an individual or facility that is licensed by a state health care regulatory agency is subject to the same consequence as a violation of the licensing law applicable to the individual or facility or of a rule adopted under that licensing law.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 1.01, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter M. Medical or Mental Health Records › Section 161.201. Definition

Sec. 161.201.  DEFINITION.  In this subchapter, "health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide or render health care in the ordinary course of business or practice of a profession.
Added by Acts 1995, 74th Leg., ch. 707, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter M. Medical or Mental Health Records › Section 161.202. Fees

Sec. 161.202.  FEES.  (a)  A health care provider or health care facility may not charge a fee for a medical or mental health record requested by a patient or former patient, or by an attorney or other authorized representative of the patient or former patient, for use in supporting an application for disability benefits or other benefits or assistance the patient or former patient may be eligible to receive based on that patient's or former patient's disability, or an appeal relating to denial of those benefits or assistance under:
(1)  Chapter 31, Human Resources Code;
(2)  the state Medicaid program;
(3)  Title II, the federal Social Security Act, as amended (42 U.S.C. Section 401 et seq.);
(4)  Title XVI, the federal Social Security Act, as amended (42 U.S.C. Section 1382 et seq.);
(5)  Title XVIII, the federal Social Security Act, as amended (42 U.S.C. Section 1395 et seq.);
(6)  38 U.S.C. Section 1101 et seq., as amended;  or
(7)  38 U.S.C. Section 1501 et seq., as amended.
(b)  A health care provider or health care facility may charge a fee for the medical or mental health record of a patient or former patient requested by a state or federal agency in relation to the patient or former patient's application for benefits or assistance under Subsection (a) or an appeal relating to denial of those benefits or assistance.
(c)  A person, including a state or federal agency, that requests a record under this section shall include with the request a statement or document from the department or agency that administers the issuance of the assistance or benefits that confirms the application or appeal.
(d)  A health care provider or health facility is not required to provide more than one complete record for a patient or former patient requested under Subsection (a)(6) or (7) without charge.  If additional material is added to the patient or former patient's record, on request the health care provider or health facility shall supplement the record provided under Subsection (a)(6) or (7) without charge.  This subsection does not affect the ability of a person to receive a medical or mental health record under Subsections (a)(1)-(5).
Added by Acts 1995, 74th Leg., ch. 707, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 1999, 76th Leg., ch. 201, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter M. Medical or Mental Health Records › Section 161.203. Distribution of Records

Sec. 161.203.  DISTRIBUTION OF RECORDS.  A health care provider or health care facility shall provide to the requestor a medical or mental health record requested under Section 161.202 not later than the 30th day after the date on which the provider or facility receives the request.
Added by Acts 1995, 74th Leg., ch. 707, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter M. Medical or Mental Health Records › Section 161.204. Application of Other Law

Sec. 161.204.  APPLICATION OF OTHER LAW.  This subchapter controls over Section 611.0045 of this code and Section 159.006, Occupations Code, and any other provision that authorizes the charging of a fee for providing medical or mental health records.
Added by Acts 1995, 74th Leg., ch. 707, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.783, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter N. E-Cigarette and Tobacco Use by Minors › Section 161.251. Definitions

Sec. 161.251.  DEFINITIONS.  In this subchapter:
(1)  "Cigarette" has the meaning assigned by Section 154.001, Tax Code.
(1-a)  "E-cigarette" has the meaning assigned by Section 161.081.
(1-b)  "Minor" means a person under 21 years of age.
(2)  "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 3.01, eff. Jan. 1, 1998.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 17, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 13, eff. September 1, 2019.