CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
Sec. 48.01. SMOKING TOBACCO. (a) A person commits an offense
if he is in possession of a burning tobacco product or smokes
tobacco in a facility of a public primary or secondary school or
an elevator, enclosed theater or movie house, library, museum,
hospital, transit system bus, or intrastate bus, as defined by
Section 541.201, Transportation Code, plane, or train which is a
public place.
(b) It is a defense to prosecution under this section that the
conveyance or public place in which the offense takes place does
not have prominently displayed a reasonably sized notice that
smoking is prohibited by state law in such conveyance or public
place and that an offense is punishable by a fine not to exceed
$500.
(c) All conveyances and public places set out in Subsection (a)
of Section 48.01 shall be equipped with facilities for
extinguishment of smoking materials and it shall be a defense to
prosecution under this section if the conveyance or public place
within which the offense takes place is not so equipped.
(d) It is an exception to the application of Subsection (a) if
the person is in possession of the burning tobacco product or
smokes tobacco exclusively within an area designated for smoking
tobacco or as a participant in an authorized theatrical
performance.
(e) An area designated for smoking tobacco on a transit system
bus or intrastate plane or train must also include the area
occupied by the operator of the transit system bus, plane, or
train.
(f) An offense under this section is punishable as a Class C
misdemeanor.
Added by Acts 1975, 64th Leg., p. 744, ch. 290, Sec. 1, eff.
Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 2,
eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.242,
eff. Sept. 1, 1997.
Sec. 48.015. PROHIBITIONS RELATING TO CERTAIN CIGARETTES. (a)
A person may not acquire, hold, own, possess, or transport for
sale or distribution in this state or import or cause to be
imported into this state for sale or distribution in this state:
(1) cigarettes that do not comply with all applicable
requirements imposed by or under federal law and implementing
regulations; or
(2) cigarettes to which stamps may not be affixed under Section
154.0415, Tax Code, other than cigarettes lawfully imported or
brought into the state for personal use and cigarettes lawfully
sold or intended to be sold as duty-free merchandise by a
duty-free sales enterprise in accordance with 19 U.S.C. Section
1555(b), as amended.
(b) A person who commits an act prohibited by Subsection (a),
knowing or having reason to know that the person is doing so, is
guilty of a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1104, Sec. 6, eff. Sept. 1,
2001.
Sec. 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN
ORGANS. (a) "Human organ" means the human kidney, liver, heart,
lung, pancreas, eye, bone, skin, fetal tissue, or any other human
organ or tissue, but does not include hair or blood, blood
components (including plasma), blood derivatives, or blood
reagents.
(b) A person commits an offense if he or she knowingly or
intentionally offers to buy, offers to sell, acquires, receives,
sells, or otherwise transfers any human organ for valuable
consideration.
(c) It is an exception to the application of this section that
the valuable consideration is: (1) a fee paid to a physician or
to other medical personnel for services rendered in the usual
course of medical practice or a fee paid for hospital or other
clinical services; (2) reimbursement of legal or medical expenses
incurred for the benefit of the ultimate receiver of the organ;
or (3) reimbursement of expenses of travel, housing, and lost
wages incurred by the donor of a human organ in connection with
the donation of the organ.
(d) A violation of this section is a Class A misdemeanor.
Added by Acts 1985, 69th Leg., ch. 40, Sec. 1, eff. Aug. 26,
1985. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.