The Tobacco Law Summary
To view the complete version of the Texas Tobacco Law (Senate Bill 55) visit the Comptroller’s Web site:
www.legis.state.tx.us/tlodocs/75R/billtext/html/SB00055F.htm
The Tobacco Law is a comprehensive approach to reducing children’s access to tobacco products.
Specifically, the law:
- Makes an employee who sells tobacco to a minor criminally responsible for the violation, which is a Class C misdemeanor.
- Requires tobacco retailers to verify the age of purchasers appearing to be younger than 27 years of age through the use of photo identification.
- All tobacco retailers must post a warning sign required by law and provided by the Texas Comptroller’s office stating “Under 18 No Tobacco. I Can't Sell, You Can't Buy.”. The signs display the following warning: PURCHASING OR ATTEMPTING TO PURCHASE TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18 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.
- Vending machine and self service sales are restricted except in places not open to those under 18 years of age or in places used as cigar humidors.
- Giveaways of free samples and coupons to anyone under 18 are prohibited.
- Sales of cigarettes of less than 20 per pack (Kiddie Packs) are prohibited.
- A retail permit. The fee funds administration of the bill and enforcement and awareness programs.
- Retailers are subject to the following penalties upon failure to adequately supervise or train employee. All offenses must be within a 12-month period.
- First offense: up to $500 fine
- Second offense: up to $750 fine
- Third offense: up to $1,000 or 3-day permit suspension
- Four or more offenses: permit revocation (can apply after six months)
- Retailers must inform employees that tobacco sales to minors are illegal.
- The retailer is protected from permit revocation if his employees attend a comptroller approved training program. There is no protection from permit revocation if a retailer has eight violations within a two-year period.
- Minors are penalized for purchasing or possessing tobacco products and must attend a tobacco awareness program or do community service. Failure to attend the tobacco awareness program or do the community service may result in a suspension of the minor’s driver’s license. A violation is punishable by a fine not to exceed $250. Upon producing evidence of attending a tobacco awareness program or doing the community service, the charge may be dismissed except in the case of repeated offenses.
- Outdoor advertising is prohibited within 1,000 feet of a church or school.