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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 - 3 000
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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 - 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/
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
What are Texas Teens Using? • Cigarettes • Cigars • Spit Tobacco • Pipes • Top Three Brands: • Marlboro • Newport • Camel
Tobacco’s Media Influence • Tobacco messages are everywhere • In newspapers and magazines, • Movies and television, • Concerts and sport events, • Outdoor advertising… • Social Media
Tobacco Laws – Minors • Health and Safety Code, Chapter 161 • Education Code (School Related) • Penal Code (School Related)
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
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.
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
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
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 Tobacco Awareness Classes
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
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.
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.
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.
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 Comptroller’s Office.
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
Working Together, we can Prevent Tobacco Use in Texas! Questions? Texas Comptroller of Public Accounts www.txtobaccoenforcement.com (888) 284-2151