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Texas STEP's Tobacco Law Index©
Legal Citations
The links below are
updated to reflect the changes at the
Texas Constitution and Statutes homepage.
To report a broken or
non-functioning link please email Texas STEP's Webmaster:
mailto:webmaster@texas-step.org
The various codes and statutes
below deal with most of the issues addressed by Senate Bill
#55 (75th Leg. - 1997) or are pertinent to
enforcement of, and compliance with Texas tobacco law.
Senate Bill
#55 (75th Leg. - 1997) Original
Language from date of passage.
Texas Tobacco Related Laws:
Health
& Safety Code - Chapter 161
Penal Code - Chapter 12
Penal Code - Chapter 48
Education Code - Chapter 38
Tax Code - Chapter 154
Tax Code - Chapter 155
Texas Administrative
Code Sections impacting tobacco enforcement:
Title 34,
Part 1, Chapter 3, Subchapter JJ -
Rules
§3.1201
- Fee for Outdoor
Advertising of Cigarettes or Tobacco Products
§3.1202
- Warning Notice
Signs
§3.1203
- Approved Seller
Training Programs
§3.1204
- Administrative
Remedies for Violations of Health and Safety Code, Chapter 161,
Subchapter H or K
§3.1205
- Delivery Sales of
Cigarettes (Health and Safety Code, Chapter 161, Subchapter R)
Click
here for a brief summary of the most common tobacco related definitions found in Texas
tobacco law.
Texas STEP's reference card for law
enforcement officers, prosecutors, and judges is now available online for downloading,
printing, and laminating.
 Texas STEP's Legal Citation
Index Card
This card contains the same information
provided to law enforcement officers attending Texas STEP's training on tobacco law
enforcement.
| Health
& Safety Code - Chapter 161
SUBCHAPTER
H. DISTRIBUTION OF CIGARETTES OR TOBACCO PRODUCTS
§
161.082. Sale
of Cigarettes or Tobacco Products to Persons Younger Than 18 Years of Age Prohibited;
Proof of Age Required.
§
161.083. Sale
of Cigarettes or Tobacco Products to Persons Younger Than 27 Years of Age.
§
161.084. Warning
Notice. - Also see the following: 80(R)
SB 91 - Amendment to 161.084 regarding warning for pregnant
women
§
161.085. Notification
of Employees and Agents.
§
161.086. Vendor
Assisted Sales Required; Vending Machines.
§
161.087. Distribution
of Cigarettes or Tobacco Products.
§
161.088. Enforcement;
Unannounced Inspections.
§
161.089. Preemption
of Local Law.
§
161.090. Reports
of Violation.
§
161.0901. Report
of Office of Smoking and Health.
SUBCHAPTER
K. PROHIBITION OF CERTAIN CIGARETTE OR TOBACCO PRODUCT ADVERTISING; FEE
§
161.122. Prohibition
Relating to Certain Signs; Exceptions.
§
161.123. Advertising
Fee.
§
161.124. Use
of Advertising Fee.
§
161.125. Administrative
Penalty.
SUBCHAPTER
N. TOBACCO USE BY MINORS
§.
161.252. Possession,
Purchase, Consumption, or Receipt of Cigarettes or Tobacco Products by Minors Prohibited.
§
161.253. Tobacco
Awareness Program; Community Service.
§
161.254. Driver's
License Suspension or Denial.
§
161.255. Expungement
of Conviction.
§
161.256. Jurisdiction
of Courts.
§
161.257. Application
of Other Law.
SUBCHAPTER
O. PREVENTION OF TOBACCO USE BY MINORS
§
161.301. Tobacco
Use Public Awareness Campaign.
§
161.302. Grant
Program for Youth Groups.
SUBCHAPTER
P. DISCLOSURE OF INGREDIENTS IN CIGARETTES AND TOBACCO PRODUCTS
§
161.352. Report
to Department.
§.
161.353. Nicotine
Yield Ratings.
§.
161.354. Public
Information.
§
161.355. Injunction.
SUBCHAPTER
R. DELIVERY SALES OF CIGARETTES
Subchapter R, Delivery Sales of Cigarettes,
consisting of Secs. 161.451 to 161.462, was added by Acts 2003, 78th Leg., ch. 730, § 1.
Added in 2003, in plain
language this subchapter deals with issues surrounding the mail-order purchase, or
internet purchase of tobacco products, and the requirements placed on the delivery
agent(s), and sellers of tobacco products by these methods.
Click Here for the
Comptroller's Internet web page regarding Internet Sales & Delivery.
§ 161.451. DEFINITIONS
§ 161.452. REQUIREMENTS FOR DELIVERY SALES
§ 161.453. AGE VERIFICATION REQUIREMENT
§ 161.454. DISCLOSURE REQUIREMENTS
§ 161.455. SHIPPING REQUIREMENTS
§ 161.456. REGISTRATION AND REPORTING REQUIREMENTS
§ 161.457. COLLECTION OF TAXES
§ 161.458. GENERAL OFFENSES
§ 161.459. KNOWING VIOLATION
§ 161.460. CIVIL PENALTY FOR NONPAYMENT OF TAX
§ 161.461. FORFEITURE
§ 161.462. ENFORCEMENT
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This chapter of the penal code deals with
penalties associated with criminal law violations and adjudication under the Texas Code of
Criminal Procedure.
CHAPTER 12. PUNISHMENTS
§
12.03. Classification
of Misdemeanors
§
12.23. Class
C Misdemeanor
This chapter of the penal code deals with
conduct affecting public health which includes smoking in public places.
CHAPTER
48. CONDUCT AFFECTING PUBLIC HEALTH
§
48.01. Smoking
Tobacco
§
48.015. Prohibitions
Relating to Certain Cigarettes
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This chapter of the education code deals
with a school board's responsibility regarding general health & safety issues, which
include alcohol & tobacco on school property.
NOTE:
This is a violation of school board policy, and as a result
should be handled according to district disciplinary
guidelines. Criminal citations are not applicable to use when
addressing children or parents for failing to comply
with these policies. For violations regarding underage
minors we recommend using the Health and Safety Code, section
161.252 - Possession, Purchase, Consumption, or Receipt of
Cigarettes or Tobacco Products by Minors Prohibited.
CHAPTER
38. HEALTH AND SAFETY
§
38.006. Tobacco
on School Property.
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Tax
Code
NOTE: Enforcement of the tax code is legislated to the Comptroller, or an
agent of the Comptroller.
Local law enforcement officers may run
across issues while enforcing the Health and Safety Code, Chapter 161, therefore we are
including the following for educational purposes only.
Local law enforcement officers can
contact the Comptroller's office regarding the following:
- Comptroller's Office: Toll Free Number For
Information About Tobacco Permits: 1-800-862-2260
- Comptroller's Office: Toll Free Number For
Seller Training Certification: 1-800-531-5441, ext. 6-5946
- Comptroller's Office: Toll Free Number For Tax
Enforcement Issues: 1-800-388-2883
- Comptroller's local numbers in Austin:
Permits 463-1693
Regulatory 936-5946
Enforcement 305-9783
To
download/ open this entire chapter as a MS Word document, click
here 
To
download, or open this entire chapter as a PDF, click
here 
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Tax
Code
NOTE:
Enforcement of the tax code is legislated to the Comptroller, or
an agent of the Comptroller.
Local law
enforcement officers may run across issues while enforcing the
Health and Safety Code, Chapter 161, therefore we are including
the following for educational purposes only.
Local law
enforcement officers can contact the Comptroller's office
regarding the following:
- Comptroller's Office: Toll Free Number For
Information About Tobacco Permits: 1-800-862-2260
- Comptroller's Office: Toll Free Number For
Seller Training Certification: 1-800-531-5441, ext. 6-5946
- Comptroller's Office: Toll Free Number For Tax
Enforcement Issues: 1-800-388-2883
- Comptroller's
local numbers in Austin:
Permits 463-1693
Regulatory 936-5946
Enforcement 305-9783
To
download/open this entire chapter as a MS Word document, click
here
To
download/ open this entire chapter as a PDF, click
here
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To report
a broken or non-functioning link please email Texas STEP's Webmaster:
mailto:webmaster@texas-step.org
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Also read the following for
information on:
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Copyright
© 1993-2012 Texas Statewide Tobacco Education & Prevention - H.
M. Hancock, III - Director
All Rights Reserved.
Texas
Statewide Tobacco Education & Prevention Institute
P.O. Box 1328, San Marcos, Texas, 78667-1328
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