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 N. E-Cigarette and Tobacco Use by Minors › Section 161.252. Possession, Purchase, Consumption, or Receipt of Cigarettes, E-Cigarettes, or Tobacco Products by Minors Prohibited

Sec. 161.252.  POSSESSION, PURCHASE, CONSUMPTION, OR RECEIPT OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY MINORS PROHIBITED.  (a)  An individual who is younger than 21 years of age commits an offense if the individual:
(1)  possesses, purchases, consumes, or accepts a cigarette, e-cigarette, or tobacco product; or
(2)  falsely represents himself or herself to be 21 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual's own age in order to obtain possession of, purchase, or receive a cigarette, e-cigarette, or tobacco product.
(b)  It is an exception to the application of this section that the individual younger than 21 years of age possessed the cigarette, e-cigarette, or tobacco product in the presence of an employer of the individual, if possession or receipt of the cigarette, e-cigarette, or tobacco product is required in the performance of the employee's duties as an employee.
(c)  It is an exception to the application of this section that the individual younger than 21 years of age is participating in an inspection or test of compliance in accordance with Section 161.088.
(c-1)  It is an exception to the application of this section that the individual younger than 21 years of age:
(1)  is at least 18 years of age; and
(2)  presents at the time of purchase a valid military identification card of the United States military forces or the state military forces.
(d)  An offense under this section is punishable by a fine not to exceed $100.
(e)  On conviction of an individual under this section, the court shall give notice to the individual that the individual may apply to the court to have the individual's conviction expunged as provided by Section 161.255 on or after the individual's 21st birthday.
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. 19, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 14, 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 N. E-Cigarette and Tobacco Use by Minors › Section 161.253. E-Cigarette and Tobacco Awareness Program; Community Service

Sec. 161.253.  E-CIGARETTE AND TOBACCO AWARENESS PROGRAM; COMMUNITY SERVICE.  (a)  On conviction of an individual for an offense under Section 161.252, the court shall suspend execution of sentence and shall require the defendant to attend an e-cigarette and tobacco awareness program approved by the commissioner.  The court may require the parent or guardian of the defendant to attend the e-cigarette and tobacco awareness program with the defendant.
(b)  On request, an e-cigarette and tobacco awareness program may be taught in languages other than English.
(c)  If the defendant resides in a rural area of this state or another area of this state in which access to an e-cigarette and tobacco awareness program is not readily available, the court shall require the defendant to perform eight to 12 hours of e-cigarette- and tobacco-related community service instead of attending the e-cigarette and tobacco awareness program.
(d)  The e-cigarette and tobacco awareness program and the e-cigarette- and tobacco-related community service are remedial and are not punishment.
(e)  Not later than the 90th day after the date of a conviction under Section 161.252, the defendant shall present to the court, in the manner required by the court, evidence of satisfactory completion of the e-cigarette and tobacco awareness program or the e-cigarette- and tobacco-related community service.
(f)  On receipt of the evidence required under Subsection (e), the court shall:
(1)  if the defendant has been previously convicted of an offense under Section 161.252, execute the sentence, and at the discretion of the court, reduce the fine imposed to not less than half the fine previously imposed by the court;  or
(2)  if the defendant has not been previously convicted of an offense under Section 161.252, discharge the defendant and dismiss the complaint or information against the defendant.
(g)  If the court discharges the defendant under Subsection (f)(2), the defendant is released from all penalties and disabilities resulting from the offense except that the defendant is considered to have been convicted of the offense if the defendant is subsequently convicted of an offense under Section 161.252 committed after the dismissal under Subsection (f)(2).
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. 20, eff. October 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 21, 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 N. E-Cigarette and Tobacco Use by Minors › Section 161.255. Expungement of Conviction

Sec. 161.255.  EXPUNGEMENT OF CONVICTION.  (a)  An individual convicted of an offense under Section 161.252 may apply to the court to have the conviction expunged on or after the individual's 21st birthday.  The court shall order the conviction and any complaint, verdict, sentence, or other document relating to the offense to be expunged from the individual's record and the conviction may not be shown or made known for any purpose.
(b)  The court shall charge an applicant a reimbursement fee in the amount of $30 for each application for expungement filed under this section to defray the cost of notifying state agencies of orders of expungement under this section.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 3.01, eff. Jan. 1, 1998.
Amended by:
Acts 2005, 79th Leg., Ch. 886 (S.B. 1426), Sec. 5, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 22, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 15, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.50, eff. January 1, 2020.
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 161.256. Jurisdiction of Courts

Sec. 161.256.  JURISDICTION OF COURTS.  A justice court or municipal court may exercise jurisdiction over any matter in which a court under this subchapter may impose a requirement that a defendant attend an e-cigarette and tobacco awareness program or perform e-cigarette- and tobacco-related community service.
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. 23, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 16, 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 N. E-Cigarette and Tobacco Use by Minors › Section 161.257. Application of Other Law

Sec. 161.257.  APPLICATION OF OTHER LAW.  Title 3, Family Code, does not apply to a proceeding under this subchapter.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 3.01, eff. Jan. 1, 1998.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter O. Prevention of Tobacco and E-Cigarette Use by Minors › Section 161.301. Tobacco and E-Cigarette Use Public Awareness Campaign

Sec. 161.301.  TOBACCO AND E-CIGARETTE USE PUBLIC AWARENESS CAMPAIGN.  (a)  The department shall develop and implement a public awareness campaign designed to reduce the use by minors in this state of tobacco and e-cigarettes as defined by Section 161.081.  The campaign may use advertisements or similar media to provide educational information about tobacco and e-cigarette use.
(b)  The department may contract with another person to develop and implement the public awareness campaign.  The contract shall be awarded on the basis of competitive bids.
(c)  A contract awarded under Subsection (b) may be awarded only to a business that has a proven background in advertising and public relations campaigns.
(d)  The department may not award a contract under Subsection (b) to:
(1)  a person or entity that is required to register with the Texas Ethics Commission under Chapter 305, Government Code, except as provided by Subsection (f);
(2)  any partner, employee, employer, relative, contractor, consultant, or related entity of a person or entity described by Subdivision (1) and not described by Subsection (f); or
(3)  a person or entity who has been hired to represent associations or other entities for the purpose of affecting the outcome of legislation, agency rules, or other government policies through grassroots or media campaigns.
(e)  The persons or entities described by Subsection (d) are not eligible to receive the money or participate either directly or indirectly in the public awareness campaign.
(f)  A registrant under Chapter 305, Government Code, is not ineligible under Subsections (d) and (e) if the person is required to register under that chapter solely because the person communicates directly with a member of the executive branch to influence administrative action concerning a matter relating to the purchase of products or services by a state agency.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 3.01, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1174 (H.B. 3445), Sec. 6, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0478, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 25, eff. October 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 26, 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 O. Prevention of Tobacco and E-Cigarette Use by Minors › Section 161.302. Grant Program for Youth Groups

Sec. 161.302.  GRANT PROGRAM FOR YOUTH GROUPS.  (a)  The entity administering Section 161.301 shall also develop and implement a grant program to support youth groups that include as a part of the group's program components related to reduction of use by the group's members of tobacco and e-cigarettes as defined by Section 161.081.
(b)  "Youth group" means a nonprofit organization that:
(1)  is chartered as a national or statewide organization;
(2)  is organized and operated exclusively for youth recreational or educational purposes and that includes, as part of the group's program, in addition to the components described by Subsection (a), components relating to:
(A)  prevention of drug abuse;
(B)  character development;
(C)  citizenship training;  and
(D)  physical and mental fitness;
(3)  has been in existence for at least 10 years;  and
(4)  has a membership of which at least 65 percent is younger than 22 years of age.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 3.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 27, 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 P. Disclosure of Ingredients in Cigarettes and Tobacco Products › Section 161.351. Definitions

Sec. 161.351.  DEFINITIONS.  In this subchapter:
(1)  "Cigarette" has the meaning assigned by Section 154.001, Tax Code.
(2)  "Manufacturer" has the meanings assigned by Sections 154.001 and 155.001, Tax Code.
(3)  "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.
Added by Acts 1997, 75th Leg., ch. 1216, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 161.251 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(64), 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 P. Disclosure of Ingredients in Cigarettes and Tobacco Products › Section 161.352. Report to Department

Sec. 161.352.  REPORT TO DEPARTMENT.  (a)  Each manufacturer shall file with the department an annual report for each cigarette or tobacco product distributed in this state, stating  the identity of each ingredient in the cigarette or tobacco product, listed in descending order according to weight, measure, or numerical count, other than:
(1)  tobacco;
(2)  water; or
(3)  a reconstituted tobacco sheet made wholly from tobacco.
(b)  This section does not require a manufacturer to disclose the specific amount of any ingredient in a cigarette or tobacco product if that ingredient has been approved as safe when burned and inhaled by the United States Food and Drug Administration or a successor entity.
(c)  The executive commissioner by rule shall establish the time for filing an annual report under this section and shall prescribe the form for the report.
Added by Acts 1997, 75th Leg., ch. 1216, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 161.252 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(64), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 19.02(12), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0479, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 8, 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 P. Disclosure of Ingredients in Cigarettes and Tobacco Products › Section 161.354. Public Information

Sec. 161.354.  PUBLIC INFORMATION.  (a)  Except as provided by Subsections (b), (c), and (d), information included in a report filed under this subchapter is public information and is not confidential unless it is determined to be confidential under this section.
(b)  The department may not disclose information under Subsection (a) until the department has obtained the advice of the attorney general under this section with respect to the particular information to be disclosed.  If the attorney general determines that the disclosure of particular information would constitute an unconstitutional taking of property, the information is confidential and the department shall exclude that information from disclosure.
(c)  Information included in a report filed under this subchapter is confidential if the department determines that there is no reasonable scientific basis for concluding that the availability of the information could reduce risks to public health.
(d)  Information included in a report filed under this subchapter is confidential under Chapter 552, Government Code, if the information would be excepted from public disclosure as a trade secret under state or federal law.
Added by Acts 1997, 75th Leg., ch. 1216, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 161.254 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(64), 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 P. Disclosure of Ingredients in Cigarettes and Tobacco Products › Section 161.355. Injunction

Sec. 161.355.  INJUNCTION.  (a)  A district court, on petition of the department and on a finding by the court that a manufacturer has failed to file the report required by Section 161.352, may by injunction:
(1)  prohibit the sale or distribution in this state of a cigarette or tobacco product manufactured by the manufacturer;  or
(2)  grant any other injunctive relief warranted by the facts.
(b)  The attorney general shall institute and conduct a suit authorized by this section at the request of the department and in the name of the state.
(c)  A suit for injunctive relief must be brought in Travis County.
Added by Acts 1997, 75th Leg., ch. 1216, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 161.255 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(64), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 19.02(13), 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 P. Disclosure of Ingredients in Cigarettes and Tobacco Products › Section 161.356. Compliance With Federal Law

Sec. 161.356.  COMPLIANCE WITH FEDERAL LAW.  A person is considered to have complied with this subchapter if the person complies with Subchapter IX of 21 U.S.C. Chapter 9 and rules adopted under that subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 28, 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 Q. Installation of Asbestos › Section 161.401. Definitions

Sec. 161.401.  DEFINITIONS.  In this subchapter:
(1)  "Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.
(2)  "Contractor" means a person who constructs, repairs, or maintains a public building as an independent contractor.  The term includes a subcontractor.
(3)  "Public building" means a building used or to be used for purposes that provide for public access or occupancy.  The term does not include:
(A)  an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health;
(B)  a federal building or installation;
(C)  a private residence;
(D)  an apartment building with not more than four dwelling units;  or
(E)  a manufacturing facility or building that is part of a facility to which access is limited to workers and invited guests under controlled conditions.
Added by Acts 2001, 77th Leg., ch. 416, 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 Q. Installation of Asbestos › Section 161.402. Material Safety Data Sheet Required; Asbestos Installation or Reinstallation Prohibited

Sec. 161.402.  MATERIAL SAFETY DATA SHEET REQUIRED; ASBESTOS INSTALLATION OR REINSTALLATION PROHIBITED.  The executive commissioner shall adopt rules designating the materials or replacement parts for which a person must obtain a material safety data sheet before installing the materials or parts in a public building.  A person may not install materials or replacement parts in a public building if:
(1)  the person does not obtain a required material safety data sheet; or
(2)  the materials or parts, according to the material safety data sheet, contain more than one percent asbestos and there is an alternative material or part.
Added by Acts 2001, 77th Leg., ch. 416, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0481, 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 Q. Installation of Asbestos › Section 161.403. Injunction

Sec. 161.403.  INJUNCTION.  (a)  The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a contractor who is violating or threatening to violate this subchapter.  The action may be brought in a district court of Travis County or of a county in which any part of the violation or threatened violation occurs.
(b)  The district court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.
Added by Acts 2001, 77th Leg., ch. 416, 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 Q. Installation of Asbestos › Section 161.404. Civil Penalty

Sec. 161.404.  CIVIL PENALTY.  (a)  A contractor who violates this subchapter is subject to a civil penalty not to exceed $10,000 a day for each violation.  Each day of violation constitutes a separate violation for purposes of penalty assessment.
(b)  In determining the amount of the civil penalty, the court shall consider:
(1)  the contractor's previous violations;
(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(3)  whether the health and safety of the public was threatened by the violation;
(4)  the demonstrated good faith of the contractor;  and
(5)  the amount necessary to deter future violations.
(c)  The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action under this section in a district court of Travis County or of a county in which any part of the violation occurs.
(d)  The party bringing the suit may:
(1)  combine a suit to assess and recover civil penalties with a suit for injunctive relief brought under Section 161.403;  or
(2)  file a suit to assess and recover civil penalties independently of a suit for injunctive relief.
(e)  A penalty collected under this section by the attorney general shall be deposited in the state treasury to the credit of the general revenue fund.  A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.
Added by Acts 2001, 77th Leg., ch. 416, 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 Q. Installation of Asbestos › Section 161.405. Recovery of Costs

Sec. 161.405.  RECOVERY OF COSTS.  The party bringing a suit under Section 161.403 or 161.404 may recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, including investigation costs, court costs, reasonable attorney's fees, witness fees, and deposition expenses.
Added by Acts 2001, 77th Leg., ch. 416, 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 Q. Installation of Asbestos › Section 161.406. Administrative Penalty

Sec. 161.406.  ADMINISTRATIVE PENALTY.  (a)  The department may impose an administrative penalty on a contractor who violates this subchapter.
(b)  The amount of the penalty may not exceed $10,000 a day for a violation.  Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.
(c)  The penalty amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts to correct the violation;  and
(5)  any other matter that justice may require.
(d)  The enforcement of the penalty may be stayed during the time the order is under judicial review if the contractor pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.  A contractor who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the department to contest the affidavit as provided by those rules.
(e)  The attorney general may sue to collect the penalty.
(f)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 416, 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 Q. Installation of Asbestos › Section 161.407. Remedies Cumulative

Sec. 161.407.  REMEDIES CUMULATIVE.  The civil penalty, administrative penalty, and injunction authorized by this subchapter are in addition to any other civil, administrative, or criminal action provided by law.
Added by Acts 2001, 77th Leg., ch. 416, 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 R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.451. Definitions

Sec. 161.451.  DEFINITIONS.  In this subchapter:
(1)  "Delivery sale" means a sale of cigarettes or e-cigarettes to a consumer in this state in which the purchaser submits the order for the sale by means of a telephonic or other method of voice transmission, by using the mails or any other delivery service, or through the Internet or another on-line service, or the cigarettes or e-cigarettes are delivered by use of the mails or another delivery service.  A sale of cigarettes or e-cigarettes is a delivery sale regardless of whether the seller is located within or without this state.  A sale of cigarettes or e-cigarettes not for personal consumption to a person who is a wholesale dealer or a retail dealer is not a delivery sale.
(2)  "Delivery service" means a person, including the United States Postal Service, that is engaged in the commercial delivery of letters, packages, or other containers.
(2-a)  "E-cigarette" has the meaning assigned by Section 161.081.
(3)  "Shipping container" means a container in which cigarettes or e-cigarettes are shipped in connection with a delivery sale.
(4)  "Shipping documents" means a bill of lading, airbill, United States Postal Service form, or any other document used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 30, 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 R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.452. Requirements for Delivery Sales

Sec. 161.452.  REQUIREMENTS FOR DELIVERY SALES.  (a)  A person may not make a delivery sale of cigarettes or e-cigarettes to an individual who is under the age prescribed by Section 161.082.
(b)  A person taking a delivery sale order of cigarettes shall comply with:
(1)  the age verification requirements prescribed by Section 161.453;
(2)  the disclosure requirements prescribed by Section 161.454;
(3)  the registration and reporting requirements prescribed by Section 161.456;
(4)  the tax collection requirements prescribed by Section 161.457; and
(5)  each law of this state that generally applies to sales of cigarettes that occur entirely within this state, including a law:
(A)  imposing a tax; or
(B)  prescribing a permitting or tax-stamping requirement.
(c)  A person taking a delivery sale order of e-cigarettes shall comply with:
(1)  the age verification requirements prescribed by Section 161.453;
(2)  the disclosure requirements prescribed by Section 161.454;
(3)  the registration and reporting requirements prescribed by Section 161.456; and
(4)  each law of this state that generally applies to sales of e-cigarettes that occur entirely within this state.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 31, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 17, 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 R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.454. Disclosure Requirements

Sec. 161.454.  DISCLOSURE REQUIREMENTS.  (a)  The notice required by Section 161.453(a)(3) for a delivery sale of cigarettes must include a prominent and clearly legible statement that:
(1)  cigarette sales to individuals who are below the age prescribed by Section 161.082 are illegal under state law;
(2)  sales of cigarettes are restricted to those individuals who provide verifiable proof of age in accordance with Section 161.453; and
(3)  cigarette sales are taxable under Chapter 154, Tax Code, and an explanation of how that tax has been or is to be paid with respect to the delivery sale.
(b)  A delivery sale of an e-cigarette must include a prominent and clearly legible statement that:
(1)  e-cigarette sales to individuals younger than the age prescribed by Section 161.082 are illegal under state law; and
(2)  e-cigarette sales are restricted to individuals who provide verifiable proof of age in accordance with Section 161.453.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 33, 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 R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.456. Registration and Reporting Requirements

Sec. 161.456.  REGISTRATION AND REPORTING REQUIREMENTS.  (a)  A person may not make a delivery sale or ship cigarettes or e-cigarettes in connection with a delivery sale unless the person first files with the comptroller a statement that includes:
(1)  the person's name and trade name; and
(2)  the address of the person's principal place of business and any other place of business, and the person's telephone number and e-mail address.
(b)  Except as provided by Subsection (d), not later than the 10th day of each month, each person who has made a delivery sale or shipped or delivered cigarettes or e-cigarettes in connection with a delivery sale during the previous month shall file with the comptroller a memorandum or a copy of the invoice that provides for each delivery sale:
(1)  the name, address, telephone number, and e-mail address of the individual to whom the delivery sale was made;
(2)  the brand or brands of the cigarettes or e-cigarettes that were sold; and
(3)  the quantity of cigarettes or e-cigarettes that were sold.
(c)  With respect to cigarettes, a person who complies with 15 U.S.C. Section 376, as amended, is considered to have complied with this section.
(d)  A person is exempt from the requirement of filing with the comptroller a memorandum or a copy of an invoice under Subsection (b) if, in the two years preceding the date the report is due, the person has not violated this subchapter and has not been reported under Section 161.090 to the comptroller as having violated Subchapter H.
(e)  A person required to submit a memorandum or a copy of an invoice under Subsection (b) shall submit a memorandum or a copy of an invoice to the comptroller for each delivery sale of a cigarette or e-cigarette in the previous two years unless the person has previously submitted the memorandum or copy to the comptroller.
(f)  A person shall maintain records of compliance with this section until at least the fourth anniversary of the date the record was prepared.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 35, 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 R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.457. Collection of Taxes

Sec. 161.457.  COLLECTION OF TAXES.  A person who makes a delivery sale shall collect and remit to the comptroller any taxes imposed by this state in relation to the delivery sale.  A person is not required to collect and remit any taxes for which the person has obtained proof, in the form of the presence of applicable tax stamps or otherwise, that the taxes have already been paid to this state.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.458. General Offenses

Sec. 161.458.  GENERAL OFFENSES.  (a)  A person commits an offense if the person violates a provision of this subchapter for which a criminal penalty is not otherwise provided.
(b)  An offense under Subsection (a) is a Class C misdemeanor.
(c)  If it is shown on the trial of a person that the person has previously been convicted of an offense under this section, the offense is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.459. Knowing Violation

Sec. 161.459.  KNOWING VIOLATION.  (a)  A person who knowingly violates a provision of this subchapter or who knowingly submits a certification under Section 161.453(a)(1) in another person's name commits an offense.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.460. Civil Penalty for Nonpayment of Tax

Sec. 161.460.  CIVIL PENALTY FOR NONPAYMENT OF TAX.  A person who fails to pay a tax imposed in connection with a delivery sale shall pay to the state a civil penalty in an amount equal to five times the amount of the tax due.  The penalty provided by this section is in addition to any other penalty provided by law.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.461. Forfeiture

Sec. 161.461.  FORFEITURE.  (a)  Cigarettes or e-cigarettes sold or that a person attempted to sell in a delivery sale that does not comply with this subchapter are forfeited to the state and shall be destroyed.
(b)  A fixture, equipment, or other material or personal property on the premises of a person who, with the intent to defraud this state, fails to comply with this subchapter is forfeited to the state.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 36, 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 R. Delivery Sales of Cigarettes and E-Cigarettes › Section 161.462. Enforcement

Sec. 161.462.  ENFORCEMENT.  The attorney general or the attorney general's designee may bring an action in a court of this state to prevent or restrain a violation of this subchapter by any person or by a person controlling such a person.
Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter S. Allocation of Kidneys and Other Organs Available for Transplant › Section 161.471. Definitions

Sec. 161.471.  DEFINITIONS.  In this subchapter:
(1)  "Auxiliary aids and services" means:
(A)  qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(B)  qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;
(C)  provision of information in a format readily accessible and understandable to individuals with cognitive, neurological, developmental, or intellectual disabilities;
(D)  acquisition or modification of equipment or devices; and
(E)  other services and actions similar to those described by Paragraphs (A), (B), (C), and (D).
(2)  "Disability" has the meaning assigned by the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
(3)  "Health care facility" means a facility licensed, certified, or otherwise authorized to provide health care in the ordinary course of business, including a hospital, nursing facility, laboratory, intermediate care facility, mental health facility, transplant center, and any other facility for individuals with intellectual or developmental disabilities.
(4)  "Health care provider" means an individual or facility licensed, certified, or otherwise authorized to provide health care in the ordinary course of business or professional practice, including a physician, hospital, nursing facility, laboratory, intermediate care facility, mental health facility, transplant center, and any other facility for individuals with intellectual or developmental disabilities.
(5)  "Organ procurement organization" means an organization that is a qualified organ procurement organization under 42 U.S.C. Section 273 that is currently certified or recertified in accordance with that federal law.
Added by Acts 2003, 78th Leg., ch. 926, Sec. 1, eff. June 20, 2003.
Renumbered from Health and Safety Code, Section 161.451 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(45), eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 45 (H.B. 119), 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 S. Allocation of Kidneys and Other Organs Available for Transplant › Section 161.472. Formation of Kidney Sharing Pool and Distribution to Longest Waiting Patients

Sec. 161.472.  FORMATION OF KIDNEY SHARING POOL AND DISTRIBUTION TO LONGEST WAITING PATIENTS.  (a)  Under the system for allocating kidneys available for transplant in this state, to the extent allowed by federal law, a statewide pool of 20 percent of the kidneys from deceased donors of each blood type recovered by each organ procurement organization that has a defined service area that includes all or part of this state is provided to a special pool for redistribution to patients who have been waiting the longest for transplantation in this state.
(b)  Medically eligible patients with low panel reactive antibodies of less than 10 percent who, in terms of accumulated waiting time, comprise the top 20 percent of all patients waiting will be put in a pool.  As one of those patients receives a transplant, the patient will be replaced in the pool, in turn, by the next longest waiting patient.  Only accumulated waiting time will be used to establish priority access to the pool.
(c)  With the exception of assigning points for a six antigen match with zero antigen mismatch, assigning points for human leukocyte antigen (HLA) match will be eliminated by organ procurement organizations that are participating in the pool established under Subsection (a).
(d)  After a patient has qualified for entry into the pool established under Subsection (b), the order of distribution is based solely on the length of time each patient has waited.
(e)  Use of the pools will be managed by the federal Organ Procurement and Transplantation Network.
(f)  A panel of appropriate physician specialists of Texas' Organ Procurement and Transplantation Network members will monitor the listing of patients and the appropriate use of the pools.
Added by Acts 2003, 78th Leg., ch. 926, Sec. 1, eff. June 20, 2003.
Renumbered from Health and Safety Code, Section 161.452 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(45), eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter T. Information for Parents of Newborn Children › Section 161.502. Duties of Department, Executive Commissioner, and Commission

Sec. 161.502.  DUTIES OF DEPARTMENT, EXECUTIVE COMMISSIONER, AND COMMISSION.  (a)  The department shall:
(1)  establish guidelines for the provision of the information required by Section 161.501;
(2)  make available on the department's website:
(A)  a printable version of the pamphlet required by Section 161.501(a)(1); and
(B)  a printable version of the resource guide required by Section 161.501(a)(2);
(3)  update the list of resources and required immunizations in the pamphlet required under Subdivision (2)(A) quarterly;
(4)  make the pamphlet and resource guide required by Section 161.501 available for distribution to hospitals, physicians, birthing centers, nurse midwives, and midwives; and
(5)  coordinate funding for the development, publication, and distribution of the informational pamphlet and resource guide with other health and human services agencies, and solicit funding for the department's duties under this subchapter through means other than appropriations, such as gifts, grants, and sales of sponsorship or advertising.
(b)  The department may include additional information in the pamphlet or resource guide as appropriate for parents of newborns.
(c)  The executive commissioner shall develop specific performance measures by which the commission may evaluate the effectiveness of the resource guide under Section 161.501(a)(2) in:
(1)  reducing costs to the state; and
(2)  improving outcomes for children.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(7), eff. September 1, 2021.
Redesignated from Health and Safety Code, Subchapter R, Chapter 161 and amended by Acts 2005, 79th Leg., Ch. 696 (S.B. 316), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 171 (H.B. 1240), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0483, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0484, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(7), 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 T. Information for Parents of Newborn Children › Section 161.503. Liability Not Created

Sec. 161.503.  LIABILITY NOT CREATED.  This subchapter does not create civil or criminal liability.
Redesignated from Health and Safety Code, Subchapter R, Chapter 161 and amended by Acts 2005, 79th Leg., Ch. 696 (S.B. 316), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter U. Information Regarding Programs for Military Personnel and Their Families › Section 161.551. Definitions

Sec. 161.551.  DEFINITIONS.  (a) In this subchapter, "servicemember" means a member or former member of the state military forces or a component of the United States armed forces, including a reserve component.
(b)  In this section, "state military forces" has the meaning assigned by Section 437.001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1381 (S.B. 1058), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.11, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0485, 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 U. Information Regarding Programs for Military Personnel and Their Families › Section 161.552. Directory of Services

Sec. 161.552.  DIRECTORY OF SERVICES.  (a)  The department and commission shall compile, maintain, and disseminate through the Texas Information and Referral Network and through other appropriate media, a directory of services and other resources, tools, and counseling programs available to servicemembers and their immediate family.
(b)  The directory must include:
(1)  information regarding counseling services that:
(A)  facilitate the reintegration of the servicemember into civilian and family life;
(B)  identify and treat stress disorders, trauma, and traumatic brain injury;
(C)  address parenting and family well-being, employment, and substance abuse issues; and
(D)  provide crisis intervention services;
(2)  to the greatest degree possible in the judgment of the department, all private and public community, state, and national resources that protect and promote the health and well-being of servicemembers and their immediate family and that are accessible in the state directly or through electronic media, print media, or the Internet; and
(3)  other resources that support the health of servicemembers and their families.
(c)  The department and commission shall organize the directory in a manner that allows a person to locate services in a specific community in the state.
(d)  The department and commission shall develop and maintain the directory in collaboration with local, state, and national private and government organizations, including:
(1)  the United States Veterans Health Administration;
(2)  the United States Department of Defense;
(3)  the Texas military forces;
(4)  the Texas Veterans Commission; and
(5)  other public and private national and community-based organizations that provide support to servicemembers and their families.
(e)  The department shall provide the directory to the Texas Information and Referral Network of the commission in the time periods and in the manner and format specified by the Texas Information and Referral Network.
(f)  The department shall provide the directory on the department's website or through links appearing on the department's website.
Added by Acts 2007, 80th Leg., R.S., Ch. 1381 (S.B. 1058), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.10, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle H - Public Health Provisions › Chapter 161 - Public Health Provisions › Subchapter V. Fee on Cigarettes and Cigarette Tobacco Products Manufactured by Certain Companies › Section 161.601. Purpose

Sec. 161.601.  PURPOSE.  The purpose of this subchapter is to:
(1)  recover health care costs to the state imposed by non-settling manufacturers;
(2)  prevent non-settling manufacturers from undermining this state's policy of reducing underage smoking by offering cigarettes and cigarette tobacco products at prices that are substantially below the prices of cigarettes and cigarette tobacco products of other manufacturers;
(3)  protect the tobacco settlement agreement and funding, which has been reduced because of the growth of sales of non-settling manufacturer cigarettes and cigarette tobacco products, for programs that are funded wholly or partly by payments to this state under the tobacco settlement agreement and recoup for this state settlement payment revenue lost because of sales of non-settling manufacturer cigarettes and cigarette tobacco products;
(4)  ensure evenhanded treatment of manufacturers and further protect the tobacco settlement agreement and funding by imposing a partial payment obligation on non-settling manufacturers that already make payments on Texas sales under the master settlement agreement until a credit amendment to that agreement that will provide those manufacturers with a credit for payments to Texas is effective; and
(5)  provide funding for any purpose the legislature determines.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536), Sec. 1, eff. September 1, 2013.