HBA-TYH S.B. 16 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 16
By: Zaffirini
State Affairs
4/16/1999
Engrossed



BACKGROUND AND PURPOSE 

The 75th Legislature enacted legislation to give the state comptroller of
public accounts (comptroller), in partnership with county sheriffs and
municipal chiefs of police, the responsibility of enforcing the laws
relating to the purchase of tobacco products.  Because only these two law
enforcement agencies are listed as enforcement partners, many other local
law enforcement agencies, such as school-based police, constables, and
peace officers are unable to apply for enforcement grants from the
comptroller.  S.B. 16 requires the participation of local law enforcement
agencies in the enforcement of certain restrictions on the sale of tobacco
products and authorizes the comptroller to allocate funds to local law
enforcement agencies. 


RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsections (a), (b), and (d), Section 161.088, Health
and Safety Code, to require the comptroller to enforce this subchapter
(Distribution of Cigarettes or Tobacco Products) in partnership with local
law enforcement agencies, rather than county sheriffs and municipal chiefs
of police.  Authorizes the comptroller to make block grants to counties and
municipalities to be used by local law enforcement agencies, rather than
county sheriffs and municipal chiefs of police, to enforce this subchapter.
Authorizes a local law enforcement agency to enlist a person as a minor
decoy.  Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.