West Bill Makes Tobacco Sellers Scan Every ID, Starting 2029

The text as introduced · 582 words

90R2469 KRM-D

By: West
S.B. No. 219

A BILL TO BE ENTITLED

AN ACT

relating to the use of electronically readable information to

verify a consumer's age in the retail sale of cigarettes,

e-cigarettes, or tobacco products.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 161.0825, Health and Safety Code, is

amended by amending Subsections (a), (b), and (d) and adding

Subsections (b-1), (b-2), (b-3), (b-4), and (d-1) to read as

follows:

(a) In this section, "transaction scan device" means a

device capable of deciphering electronically readable information

on a driver's license, commercial driver's license, or personal

identification certificate.

(b) A person may access electronically readable information

on a driver's license, commercial driver's license, or personal

identification certificate for the purpose of complying with this

section and Section 161.082.

(b-1) A person shall visually inspect and access

electronically readable information on a driver's license,

commercial driver's license, or personal identification

certificate for the purpose of verifying a consumer's age in any

retail sale of a cigarette, e-cigarette, or tobacco product. A

person required to access electronically readable information

under this subsection may manually enter into an electronic reader

the information on the driver's license, commercial driver's

license, or personal identification certificate if the license or

certificate cannot be electronically scanned.

(b-2) The comptroller may not take any disciplinary action

against a permit holder for a violation of Subsection (b-1) if:

(1) the permit holder's failure to access the

electronically readable information is a result of a disruption of,

interruption of, or inability to access Internet connectivity

services or data connectivity services; and

(2) the permit holder visually inspected the

consumer's driver's license, commercial driver's license, or

personal identification certificate to verify the consumer's age.

(b-3) The comptroller may not take any disciplinary action

against a permit holder to whom Subsection (b-1) applies for

selling a cigarette, e-cigarette, or tobacco product to a minor if:

(1) the permit holder electronically accessed the

electronically readable information on the consumer's driver's

license, commercial driver's license, or personal identification

certificate in the manner required under Subsection (b-1); and

(2) the transaction scan device used to electronically

access the consumer's electronically readable information

identified the license or certificate as valid and the consumer as

21 years of age or older on the date of the purchase.

(b-4) The comptroller may not take any disciplinary action

against a permit holder for a violation of Subsection (b-1) for the

retail sale of a cigarette, e-cigarette, or tobacco product made

before September 1, 2029. This subsection expires September 1,

2030.

(d) Except as provided by Subsection (d-1), a [ A ] person who

violates this section commits an offense. An offense under this

section is a Class A misdemeanor.

(d-1) It is a defense to prosecution for failure to access

electronically readable information on a driver's license,

commercial driver's license, or personal identification

certificate as required by Subsection (b-1) that:

(1) the person's failure to access the electronically

readable information as required by Subsection (b-1) was caused by

a disruption of, interruption of, or inability to access Internet

connectivity services or data connectivity services that prevented

the person from accessing the information; or

(2) the consumer was 40 years of age or older on the

date of the purchase.

SECTION 2. Not later than September 1, 2029, the

comptroller shall adopt rules to implement Section 161.0825(b-1),

Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2027.