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Selected Date: 5/18/2015

Health and Safety Code 161.453 on 5/18/2015


The following section was amended by the 86th Legislature. Pending publication of the current statutes, see S.B. 21, 86th Legislature, Regular Session, for amendments affecting the following section.

Sec. 161.453.  AGE VERIFICATION REQUIREMENT. (a) A person may not mail or ship cigarettes in connection with a delivery sale order unless before mailing or shipping the cigarettes the person accepting the delivery sale order first:

(1)  obtains from the prospective customer a certification that includes:

(A)  reliable confirmation that the purchaser is at least 18 years of age; and

(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;

(ii)  confirming that the prospective purchaser understands that signing another person's name to the certification is illegal, that sales of cigarettes to an individual under the age prescribed by Section 161.082 are illegal under state law, and that the purchase of cigarettes by an individual under that age is illegal under state law; and

(iii)  confirming that the prospective purchaser wants to receive mailings from a tobacco company;

(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.

(b)  A person taking a delivery sale order may request that a prospective purchaser provide the purchaser's e-mail address.

Added by Acts 2003, 78th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2003.

The statutes available on this website are current through the 1st Called Session of the 85th Legislature, August 2017. The Texas Constitution is current through the amendments approved by voters in November 2017. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, have been revised to reflect amendments and to modernize the language.