I copied and pasted this from a CASAA notification. They say multiple bills. The parts below, I found especially troubling.
Multiple bills have been introduced in Texas that would ban sales of vapor product to minors (which we support), but would also severely restrict internet sales (which we oppose). CASAA is currently focused on SB 97
, which received a hearing last week before the Senate Health & Human Services Committee. SB 97 would impose unnecessarily harsh restrictions on Internet sales, including requiring every single order to a Texas resident to be sent using an ID check service that costs $6.
Now on to SB97, one of a few bills out there for Texas...
84(R) SB 97 - Introduced version - Bill Text
<<<Sec. 161.0901>>>
They want to do all of these studies. How much is this going to cost the taxpayers of Texas?
Sec. 161.256
<<<JURISDICTION OF COURTS. A justice court or
municipal court may exercise jurisdiction over any matter in which
a court under this subchapter may:
(1) impose a requirement that a defendant attend a
vapor product and
tobacco awareness program or perform vapor- and
tobacco-related community service; or
(2) order the suspension or denial of a driver's
license or permit.>>>
<<<SUBCHAPTER R.
DELIVERY SALES OF CIGARETTES AND VAPOR PRODUCTS
SECTION 34. Section 161.451, Health and Safety Code, is
amended by amending Subdivisions (1) and (3) and adding Subdivision
(5) to read as follows:
(1) "Delivery sale" means a sale of cigarettes or
vapor products to a consumer in this state in which the purchaser
submits the order for the sale by means of a telephonic or other
method of voice transmission, by using the mails or any other
delivery service, or through the Internet or another on-line
service, or the cigarettes or vapor products are delivered by use of
the mails or another delivery service. A sale of cigarettes or
vapor products is a delivery sale regardless of whether the seller
is located within or without this state. A sale of cigarettes or
vapor products not for personal consumption to a person who is a
wholesale dealer or a retail dealer is not a delivery sale.
(3) "Shipping container" means a container in which
cigarettes or vapor products are shipped in connection with a
delivery sale.
(5) "Vapor product" has the meaning assigned by
Section 161.081.
SECTION 35. Section 161.452, Health and Safety Code, is
amended to read as follows:
Sec. 161.452. REQUIREMENTS FOR DELIVERY SALES. (a) A
person may not make a delivery sale of cigarettes or vapor products
to an individual who is under the age prescribed by Section 161.082.
(b) A person taking a delivery sale order shall comply with:
(1) the age verification requirements prescribed by
Section 161.453;
(2) the disclosure requirements prescribed by Section
161.454;
(3) the shipping requirements prescribed by Section
161.455;
(4) the registration and reporting requirements
prescribed by Section 161.456;
(5) the
tax collection requirements prescribed by
Section 161.457, if applicable; and
(6) each law of this state that generally applies to
sales of cigarettes or vapor products that occur entirely within
this state, if applicable, including a law:
(A) imposing a tax; or
(B)
prescribing a permitting or tax-stamping
requirement.>>>
SECTION 36. Section 161.453(a)
read that one, it would make purchasing more complicated, and time consuming for the seller, and the consumer...
<<<(B) a
statement signed by the prospective
purchaser in writing and under penalty of law:
(i) certifying the prospective purchaser's
address and
date of birth;>>>
2)<<< makes a good faith effort to
verify the
information contained in the certification provided by the
prospective purchaser under Subdivision (1) against a
commercially
available database or obtains a photocopy or other image of a
government-issued identification bearing a photograph of the
prospective purchaser and stating the date of birth or age of the
prospective purchaser;
(3) sends to the prospective purchaser, by e-mail or
other means, a notice that complies with Section 161.454; and
(4) for an order made over the Internet or as a result
of an advertisement, receives payment for the delivery sale from
the prospective purchaser by a credit or debit card that has been
issued in the purchaser's name or by check.>>>
Can we say not only too much of a pain, this would be a hacker's target because
of all the personal info, possible photos, and SIGNATURE TOO? Are you kidding me?
This was made to be so tedious nobody would want to sell to Texans from out of state.
Sec. 161.455. SHIPPING REQUIREMENTS. Just read the whole thing. It is towards the bottom of the proposed bill.
Sec. 161.456. REGISTRATION AND REPORTING REQUIREMENTS.
Another got ya that will bite you in the rear on down the road. Why not say this information can, and will be used against you in the future. Wouldn't your health insurance company love this, and that is just ONE thought on it. This is also a breach of your privacy in my opinion.
<<<(b)
Not later than the 10th day of each month, each person
who has made a delivery sale or shipped or delivered cigarettes or
vapor products in connection with a delivery sale during the
previous month shall file with the comptroller a memorandum or a
copy of the invoice that provides for each delivery sale:
(1) the name, address, telephone number, and e-mail
address of the individual to whom the delivery sale was made;
(2) the brand or brands of the cigarettes or vapor
products that were sold; and
(3) the quantity of cigarettes or vapor products that
were sold.
I will try it again. I actually tried it 2-3 times yesterday. I never got an email reply, or successful submission notice. I had written some good comments too. Speaking of comments, I've placed some thoughts on post #4 here. This would be a freaking nightmare, if enacted. CASAA said multiple bills. This is just one. I am assuming they mean just for Texas. I am so aggravated, I am just completely disgusted right now.
