Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 3 - TAX ADMINISTRATION › Subchapter JJ - CIGARETTE, E-CIGARETTE, AND TOBACCO PRODUCTS REGULATION › Section 3.1202 - Warning Notice Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) Warning notice
				  signs. Each person who sells cigarettes, e-cigarettes, or tobacco products at
				  retail or by vending machine must post a warning notice sign in a location that
				  is conspicuous to all employees and customers and that is close to the cash
				  register, check-out stand, or vending machine where cigarettes, e-cigarettes,
				  or tobacco products may be purchased. The failure to display a sign as
				  prescribed by this section is a Class C misdemeanor.
(b) Sign distribution. Upon request, the
				  comptroller will provide the warning notice signs without charge to any person
				  who sells cigarettes, e-cigarettes, or tobacco products, including distributors
				  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. Requests for the warning notice signs may be made
				  by calling the Comptroller of Public Accounts toll free at 1-800-862-2260, or
				  by writing to the attention of the Account Maintenance Division, Comptroller of
				  Public Accounts, 111 East 17th Street, Austin, Texas 78774-0100. In Austin,
				  call (512) 463-3731. A request must include the number of signs needed, and the
				  person and address to whom the signs are to be mailed.
(c) Alternate signs. Retailers, distributors,
				  and wholesale dealers may develop their own warning notice signs provided the
				  signs meet minimum size and design specifications, including wording and font
				  size, described in subsection (d) of this section. A retailer, distributor, or
				  wholesale dealer may submit a sample of its proposed sign for review to the
				  address as noted in subsection (b) of this section.
(d) Sign design and minimum size
				  requirements. The design, minimum size, and placement location of each sign are
				  as follows.
(1) Design. Each sign must be
				  designed according to the following:
(A) it
				  must contain the following statutory language: "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 1-800-345-8647. 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.";
(B) it must contain the following statutory
				  language until September 1, 2022: "THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT
				  TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO WAS BORN ON OR BEFORE
				  AUGUST 31, 2001."; and
(C)
				  retailers must display the English version. The comptroller will make a Spanish
				  version available. Both the Spanish and English versions may be
				  posted.