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Tobacco Education for Court Personnel

Learn about teen tobacco use in Texas, laws governing minors' access, penalties for violations, prevention programs, and resources available. Discover the impact of tobacco, statistics, and how to educate youth on the dangers. Stay informed to work together and prevent tobacco use among Texas teens.

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Tobacco Education for Court Personnel

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  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/

  3. 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

  4. What are Texas Teens Using? • Cigarettes • Cigars • Spit Tobacco • Pipes • E-Cigarettes • Top Three Brands: • Marlboro • Newport • Camel

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

  6. Tobacco/E-Cigarette Laws – Minors • Health and Safety Code, Chapter 161 • Education Code (School Related) • Penal Code (School Related)

  7. 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 a cigarette, e-cigarette or tobacco products, • possesses cigarette, e-cigarette 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 a cigarette, e-cigarette or tobacco products. • Class C Misdemeanor, up to $250 fine

  8. Tobacco/E-Cigarette Laws – Minors • Education Code, Section 38.006 • Board of Trustees of a School District shall: • prohibit smoking or using e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property, • prohibit students from possessing e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property; and • ensure that school personnel enforce the policies on school property.

  9. Tobacco/E-Cigarette Laws – Minors • Penal Code, 48.01 • A person commits an offense if he is in possession of a BURNING tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school… • Class C Misdemeanor, up to $500 fine

  10. 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

  11. 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

  12. Tobacco/E-Cigarette Laws – Retailers • Health and Safety Code, Chapter 161 • Senate Bill 55, 75th Leg. 1997 • Tax Code, Chapters 154, 155 Violations are Class C Misdemeanors

  13. Tobacco/E-Cigarette Laws – RetailersHealth & Safety Code, Chapter 161 • Regarding Sales to Minors: • Prohibition of sales of cigarettes, e-cigarettes and tobacco to those under 18. • Photo ID required to verify age.

  14. Tobacco Laws/E-Cigarette – 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.

  15. Tobacco/E-Cigarette Laws – RetailersHealth & Safety Code, Chapter 161 • Retailer compliance with law is enforced through unannounced inspections and minor decoys; • minor decoy operations are to be conducted in a fashion that promotes fairness.

  16. Tobacco/E-Cigarette 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.

  17. 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

  18. Working Together, we can Prevent Tobacco Use in Texas! Questions? Texas Comptroller of Public Accounts www.txtobaccoenforcement.com (888) 284-2151

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