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.