Tobacco Education for Court Personnel

1
Tobacco Education for Court Personnel

• Texas Comptroller of Public Accounts
• Tobacco Enforcement Program
• www. txtobaccoenforcement.com

2
Teen Tobacco Use in the US

• Minors (under 18) who try smoking for the first
  time each day - 3000
• Minors (under 18) who become new regular, daily
  smokers each day - 700
• Minors under 18 alive today who will ultimately
  die from smoking - 5,600,000 (unless smoking
  rates decline)
• www.tobaccofreekids.org/facts_issues/toll_us/

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Teen Tobacco Use in Texas

• Minors (under 18) who become new daily smokers
  each year - 23,000
• Packs of cigarettes bought or smoked by minors
  each year 66.1 million
• www.tobaccofreekids.org/facts_issues/toll_us/texas

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What are Texas Teens Using?

• Cigarettes
• Cigars
• Spit Tobacco
• Pipes
• Top Three Brands
• Marlboro
• Newport
• Camel

5
Tobaccos Media Influence

• Tobacco messages are everywhere
• In newspapers and magazines,
• Movies and television,
• Concerts and sport events,
• Outdoor advertising
• Social Media

6
Tobacco Laws Minors

• Health and Safety Code, Chapter 161
• Education Code (School Related)
• Penal Code (School Related)

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Tobacco Laws Minors

• Health and Safety Code, Chapter 161.252
• An individual younger than 18 years of age
  commits an offense if the individual
• purchases, consumes, or accepts cigarettes or
  tobacco products,
• possesses cigarettes or tobacco products except
  in the presence of an adult parent, guardian, or
  spouse of the individual,
• falsely represents himself or herself to be 18
  years of age by displaying false proof of age to
  obtain tobacco products.
• Class C Misdemeanor, up to 250 fine

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Tobacco Laws Minors

• Education Code, Section 38.006
• Senate Bill 1, 74th Legislature, 1995
• Board of Trustees of a School District shall
• prohibit smoking, possessing, or use of tobacco
  products at school related or school sanctioned
  activities on or off school property,
• ensure that school personnel enforce the policies
  on school property.

9
Tobacco Laws Minors

• Penal Code, 48.01
• A person commits an offense if he is in
  possession of a BURNING tobacco product in a
  facility of a public primary or secondary school
• Class C Misdemeanor, up to 500 fine

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Penalties for Minors

• Payment of Fine
• Tobacco Awareness Class
• www.worthit.org
• www.dshs.state.tx.us/tobacco/
• Annual directory is mailed to Judges
• Texas Department of Health Service Hotline
  800-345-8647

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Tobacco Awareness Classes

• Educate Youth on
• Tobacco Use
• Social Influences
• Coping Skills
• Tobacco Attitudes

• What if there are no classes in my area?
• Application for tobacco training classes are
  available from Texas Department of State Health
  Services.
• Accepted applicants will be trained to teach
  course.
• Courses and trainers must be approved by DSHS

12
Tobacco Laws Retailers

• Health and Safety Code, Chapter 161
• Senate Bill 55, 75th Leg. 1997
• Tax Code, Chapters 154, 155
• Violations are Class C Misdemeanors

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Tobacco Laws RetailersHealth Safety Code,
Chapter 161

• Regarding Sales to Minors
• Prohibition of sales of cigarettes/tobacco those
  under 18.
• Photo ID required to verify age.

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Tobacco Laws RetailersHealth Safety Code,
Chapter 161

• Requires warning sign, Comptroller distributed,
  be posted at point of sale.
• Requires permit holders to have employees
  complete the Employee Notification form within 72
  hours of employment.
• Vendor assisted sales required and vending
  machine prohibited (see special circumstances).
• Prohibits distribution of samples/coupons to
  minors.
• Prohibits outdoor advertising within 1,000 feet
  of a church or school.

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Tobacco Laws RetailersHealth Safety Code,
Chapter 161

• Retailer compliance with tobacco law is enforced
  through unannounced inspections and minor decoys
• minor decoy operations are to be conducted in a
  fashion that promotes fairness.

16
Tobacco Laws Retailers

• Tax Code, Chapter 154 155
• Authorizes and modifies tobacco permit fees.
• Authorizes suspension of permits for tobacco
  retailers in violation of Health Safety Code
  sections.
• Prohibits sales of loosies or kiddie packs
  (Unpackaged cigarettes).
• The Tax Code enforcement is conducted by the
  State Comptrollers Office.

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Why is Participation Vital?

• Minors under 18
• alive in Texas who
• will ultimately die
• from smoking
• 498,000
• www.tobaccofreekids.org/facts_issues/toll_us/texas
  

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Working Together, we can Prevent Tobacco Use in
Texas!

• Questions?
• Texas Comptroller of Public Accounts
• www.txtobaccoenforcement.com
• [phone]