HBA-DMH H.B. 2767 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2767
By: Delisi
Public Health
67/2/2001
Enrolled



BACKGROUND AND PURPOSE 

In 1997, the legislature enacted legislation to restrict minors' access to
tobacco products.  The office of the comptroller of public accounts was
given certain duties to inspect and audit retailers and tobacco permit
holders for compliance with the law.  However, provisions related to
notifying employees of their legal responsibilities needed clarifying.
House Bill 2767 replaces the term "permit holder" with "retailer" with
respect to certain responsibilities and removes the stipulation that a
person only commits an offense for failing to display a required sign if
the failure is intentional. 

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. 

ANALYSIS

House Bill 2767 amends the Health and Safety Code to redesignate a permit
holder engaged in the selling of tobacco-related products as a retailer in
provisions for notification of employees and agents about state tobacco
law.  The bill provides that it is a defense to prosecution to show proof
that an employee did complete, sign, and date the required notification
forms, rather than the required notice.  The bill increases the time period
for a retailer to show proof of the completed forms to the comptroller or
peace officer on their demand from within 72 hours of an offense to not
later than the seventh day after the date of the demand.  The bill provides
that a person commits a Class C misdemeanor if the person fails to display
the required sign stating that the purchase by or sale to a minor under 18
years of age is prohibited, regardless of whether the failure was
intentional. 

EFFECTIVE DATE

September 1, 2001.