Tobacco Education Tobacco Education for Court Personnelfor Court Personnel

Texas Comptroller of Public AccountsTexas Comptroller of Public Accounts

Tobacco Enforcement ProgramTobacco Enforcement Program

www. txtobaccoenforcement.comwww. txtobaccoenforcement.com

Teen Tobacco Use in the USTeen Tobacco Use in the US Minors (under 18) who try smoking for Minors (under 18) who try smoking for

the first time each day - the first time each day - 30003000

Minors (under 18) who become new Minors (under 18) who become new regular, daily smokers each day - regular, daily smokers each day - 700+ 700+

Minors under 18 alive today who will Minors under 18 alive today who will ultimately die from smoking - ultimately die from smoking - 5,600,000+ 5,600,000+ (unless smoking rates decline)(unless smoking rates decline)

www.tobaccofreekids.org/facts_issues/toll_us/www.tobaccofreekids.org/facts_issues/toll_us/

Teen Tobacco Use in TexasTeen Tobacco Use in Texas

Minors (under 18) who become new Minors (under 18) who become new daily smokers each year - daily smokers each year - 23,00023,000

Packs of cigarettes bought or Packs of cigarettes bought or smoked by minors each year – smoked by minors each year – 66.1 66.1 millionmillion

www.tobaccofreekids.org/facts_issues/toll_us/texaswww.tobaccofreekids.org/facts_issues/toll_us/texas

What are Texas Teens What are Texas Teens Using?Using?

CigarettesCigarettes CigarsCigars Spit TobaccoSpit Tobacco PipesPipes

Top Three Brands:Top Three Brands:– MarlboroMarlboro– NewportNewport– CamelCamel

Tobacco’s Media InfluenceTobacco’s Media Influence

Tobacco messages Tobacco messages are everywhereare everywhere

In newspapers and In newspapers and magazines,magazines,

Movies and Movies and television,television,

Concerts and sport Concerts and sport events,events,

Outdoor advertising…Outdoor advertising… Social MediaSocial Media

Tobacco Laws – MinorsTobacco Laws – Minors

Health and Safety Health and Safety Code, Chapter 161Code, Chapter 161

Education Code Education Code (School Related)(School Related)

Penal Code (School Penal Code (School Related)Related)

Tobacco Laws – Minors Tobacco Laws – Minors

Health and Safety Code, Chapter 161.252Health and Safety Code, Chapter 161.252– An individual younger than 18 years of age An individual younger than 18 years of age

commits an offense if the individual:commits an offense if the individual: purchases, consumes, or accepts cigarettes or tobacco purchases, consumes, or accepts cigarettes or tobacco

products,products, possesses cigarettes or tobacco products except in the possesses cigarettes or tobacco products except in the

presence of an adult parent, guardian, or spouse of the presence of an adult parent, guardian, or spouse of the individual,individual,

falsely represents himself or herself to be 18 years of falsely represents himself or herself to be 18 years of age by displaying false proof of age to obtain tobacco age by displaying false proof of age to obtain tobacco products.products.

– Class C Misdemeanor, up to $250 fineClass C Misdemeanor, up to $250 fine

Tobacco Laws – Minors Tobacco Laws – Minors

Education Code, Section 38.006Education Code, Section 38.006– Senate Bill 1, 74Senate Bill 1, 74thth Legislature, 1995 Legislature, 1995

– Board of Trustees of a School District Board of Trustees of a School District shall:shall: prohibit smoking, possessing, or use of prohibit smoking, possessing, or use of

tobacco products at school related or school tobacco products at school related or school sanctioned activities on or off school property,sanctioned activities on or off school property,

ensure that school personnel enforce the ensure that school personnel enforce the policies on school property.policies on school property.

Tobacco Laws – Minors Tobacco Laws – Minors

Penal Code, 48.01Penal Code, 48.01– A person commits an offense if he is in A person commits an offense if he is in

possession of a BURNING tobacco possession of a BURNING tobacco product in a facility of a public primary product in a facility of a public primary or secondary school…or secondary school…

– Class C Misdemeanor, up to $500 fineClass C Misdemeanor, up to $500 fine

Penalties for MinorsPenalties for Minors

Payment of FinePayment of Fine

Tobacco Awareness ClassTobacco Awareness Class– www.worthit.org– www.dshs.state.tx.us/tobacco/ – Annual directory is mailed to JudgesAnnual directory is mailed to Judges– Texas Department of Health Service Texas Department of Health Service

Hotline # 800-345-8647Hotline # 800-345-8647

Tobacco Awareness Tobacco Awareness ClassesClasses

Educate Youth on:Educate Youth on:– Tobacco UseTobacco Use– Social InfluencesSocial Influences– Coping SkillsCoping Skills– Tobacco AttitudesTobacco Attitudes

What if there are no What if there are no classes in my area?classes in my area?– Application for tobacco Application for tobacco

training classes are training classes are available from Texas available from Texas Department of State Department of State Health Services.Health Services.

– Accepted applicants will Accepted applicants will be trained to teach be trained to teach course.course.

– Courses and trainers Courses and trainers must be approved by must be approved by DSHSDSHS

Tobacco Laws – RetailersTobacco Laws – Retailers

Health and Safety Health and Safety Code, Chapter 161Code, Chapter 161– Senate Bill 55, 75Senate Bill 55, 75thth Leg. Leg.

19971997

Tax Code, Chapters Tax Code, Chapters 154, 155154, 155

Violations are Class Violations are Class C MisdemeanorsC Misdemeanors

Tobacco Laws – RetailersTobacco Laws – RetailersHealth & Safety Code, Chapter Health & Safety Code, Chapter

161 161

Regarding Sales to Minors:Regarding Sales to Minors:

– Prohibition of sales of cigarettes/tobacco Prohibition of sales of cigarettes/tobacco those under 18.those under 18.

– Photo ID required to verify age.Photo ID required to verify age.

Tobacco Laws – RetailersTobacco Laws – RetailersHealth & Safety Code, Chapter Health & Safety Code, Chapter

161161

Requires warning sign, Comptroller distributed, be Requires warning sign, Comptroller distributed, be posted at point of sale.posted at point of sale.

Requires permit holders to have employees Requires permit holders to have employees complete the Employee Notification form within 72 complete the Employee Notification form within 72 hours of employment.hours of employment.

Vendor assisted sales required and vending Vendor assisted sales required and vending machine prohibited (see special circumstances).machine prohibited (see special circumstances).

Prohibits distribution of samples/coupons to minors.Prohibits distribution of samples/coupons to minors. Prohibits outdoor advertising within 1,000 feet of a Prohibits outdoor advertising within 1,000 feet of a

church or school.church or school.

Tobacco Laws – RetailersTobacco Laws – RetailersHealth & Safety Code, Chapter Health & Safety Code, Chapter

161161

Retailer compliance with tobacco law Retailer compliance with tobacco law is enforced through unannounced is enforced through unannounced inspections and minor decoys;inspections and minor decoys;

minor decoy operations are to be minor decoy operations are to be

conducted in a fashion that promotes conducted in a fashion that promotes fairness.fairness.

Tobacco Laws – RetailersTobacco Laws – Retailers

Tax Code, Chapter 154 & 155Tax Code, Chapter 154 & 155– Authorizes and modifies tobacco permit Authorizes and modifies tobacco permit

fees.fees.– Authorizes suspension of permits for Authorizes suspension of permits for

tobacco retailers in violation of Health & tobacco retailers in violation of Health & Safety Code sections.Safety Code sections.

– Prohibits sales of “loosies” or “kiddie” Prohibits sales of “loosies” or “kiddie” packs (Unpackaged cigarettes).packs (Unpackaged cigarettes).

– The Tax Code enforcement is conducted The Tax Code enforcement is conducted by the State Comptroller’s Office.by the State Comptroller’s Office.

Why is Participation Vital?Why is Participation Vital?

Minors under 18 Minors under 18

alive in Texas who alive in Texas who

will ultimately diewill ultimately die

from smoking from smoking

498,000498,000

www.tobaccofreekids.org/facts_issues/toll_us/texaswww.tobaccofreekids.org/facts_issues/toll_us/texas

Working Together, we can Working Together, we can Prevent Tobacco Use in Prevent Tobacco Use in

Texas!Texas!

Questions?Questions?

Texas Comptroller of Public AccountsTexas Comptroller of Public Accounts

www.txtobaccoenforcement.comwww.txtobaccoenforcement.com(888) 284-2151(888) 284-2151