Tobacco Education for Court Personnel Texas Comptroller of Public Accounts Tobacco Enforcement Program www. txtobaccoenforcement.com

Teen Tobacco Use in the US Minors (under 18) who try smoking for the first time each day Minors (under 18) who try smoking for the first time each day Minors (under 18) who become new regular, daily smokers each day Minors (under 18) who become new regular, daily smokers each day Minors under 18 alive today who will ultimately die from smoking - 5,600,000+ (unless smoking rates decline) Minors under 18 alive today who will ultimately die from smoking - 5,600,000+ (unless smoking rates decline)

Teen Tobacco Use in Texas Minors (under 18) who become new daily smokers each year - 23,000 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 Packs of cigarettes bought or smoked by minors each year – 66.1 millionwww.tobaccofreekids.org/facts_issues/toll_us/texas

What are Texas Teens Using? Cigarettes Cigarettes Cigars Cigars Spit Tobacco Spit Tobacco Pipes Pipes Top Three Brands: Top Three Brands: –Marlboro –Newport –Camel

Tobacco’s Media Influence Tobacco messages are everywhere Tobacco messages are everywhere In newspapers and magazines, In newspapers and magazines, Movies and television, Movies and television, Concerts and sport events, Concerts and sport events, Outdoor advertising… Outdoor advertising… Social Media Social Media

Tobacco Laws – Minors Health and Safety Code, Chapter 161 Health and Safety Code, Chapter 161 Education Code (School Related) Education Code (School Related) Penal Code (School Related) Penal Code (School Related)

Tobacco Laws – Minors Health and Safety Code, Chapter Health and Safety Code, Chapter –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

Tobacco Laws – Minors Education Code, Section Education Code, Section –Senate Bill 1, 74 th 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.

Tobacco Laws – Minors Penal Code, Penal Code, –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

Penalties for Minors Payment of Fine Payment of Fine Tobacco Awareness Class Tobacco Awareness Class – – –Annual directory is mailed to Judges –Texas Department of Health Service Hotline #

Tobacco Awareness Classes Educate Youth on: Educate Youth on: –Tobacco Use –Social Influences –Coping Skills –Tobacco Attitudes What if there are no classes in my area? 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

Tobacco Laws – Retailers Health and Safety Code, Chapter 161 Health and Safety Code, Chapter 161 –Senate Bill 55, 75 th Leg Tax Code, Chapters 154, 155 Tax Code, Chapters 154, 155 Violations are Class C Misdemeanors

Tobacco Laws – Retailers Health & Safety Code, Chapter 161 Regarding Sales to Minors: Regarding Sales to Minors: –Prohibition of sales of cigarettes/tobacco those under 18. –Photo ID required to verify age.

Tobacco Laws – Retailers Health & Safety Code, Chapter 161 Requires warning sign, Comptroller distributed, be posted at point of sale. 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. 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). Vendor assisted sales required and vending 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 church or school. Prohibits outdoor advertising within 1,000 feet of a church or school.

Tobacco Laws – Retailers Health & Safety Code, Chapter 161 Retailer compliance with tobacco law is enforced through unannounced inspections and minor decoys; 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. minor decoy operations are to be conducted in a fashion that promotes fairness.

Tobacco Laws – Retailers Tax Code, Chapter 154 & 155 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 Comptroller’s Office.

Why is Participation Vital? Minors under 18 alive in Texas who will ultimately die from smoking from smoking498,000www.tobaccofreekids.org/facts_issues/toll_us/texas

Working Together, we can Prevent Tobacco Use in Texas! Questions? Texas Comptroller of Public Accounts (888)