Tex. Health & Safety Code § 161.0825 · Subchapter H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS
USE OF CERTAIN ELECTRONICALLY READABLE INFORMATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "transaction scan device" means a device capable of deciphering electronically readable information on a driver's license, commercial driver's license, or identification certificate.
(b) A person may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of complying with Section 161.082.
(c) Information accessed under this section may not be sold or otherwise disseminated to a third party for any purpose, including any marketing, advertising, or promotional activities. The information may be obtained by court order or on proper request by the comptroller, a law enforcement officer, or a law enforcement agency.
(d) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.
(e) It is an affirmative defense to prosecution under Section 161.082 that:
(1) a transaction scan device identified a license or certificate as valid and the defendant accessed the information and relied on the results in good faith; or
(2) if the defendant is the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the offense under Section 161.082 occurs in connection with a sale by an employee of the owner, and the owner had provided the employee with:
(A) a transaction scan device in working condition; and
(B) adequate training in the use of the transaction scan device.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 391 (S.B. 1465), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 5, eff. October 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm
- Text hash
- sha256 b9c254d219aec46c678b742f9fd52bb1f02103a8da8e0aca3fef6392b9986a36
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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