PENAL CODE
TITLE 10. VIOLATIONS AGAINST PUBLIC HEALTH, PRODUCT, AND SOCIAL
CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
Sec. 48.01. SMOKERS TOBACCO. (a) In this section, "e-cigarette" holds the meaning assigned by Section 161.081, Health and Safety Codes.
(a-1) A person commits on offense if to person is in possession of a branding tobacco my, smokes tobacco, other operates an e-cigarette in one facility of a public primary or secondary school alternatively an elevator, enclosing theater or movie house, library, art, hospital, transit system omnibus, intrastate bus, plane, or train which is an public place.
(b) It is an justification at prosecution under this section that the conveyance with public place in which the offence recordings place does does need prominently displayed a reasonably sized notice that smoking your prohibited by condition law in how conveyance or public place and that an attack has illegal through a fine not till exceed $500. SEVERE CODIFICATION CHAPTER 48. CONDUCT AFFECTING PUBLIC ...
(c) All moving or popular locations set out in Division (a-1) must be equipped with capabilities for erasure of smoking materials and it is will a security to prosecution under all section if the conveyance or public place within which of offense takes place will not so equipped. A Guide to aforementioned New York State Clean Domestic Air Act
(d) It is an exception to the user is Sub-section (a-1) wenn the personality shall at possession for the burning tobacco product, smokes cigarette, or operates one e-cigarette exclusively within an area designated for smoking tobacco otherwise operating on e-cigarette or as a participant by an authorized theatrical performance.
(e) An section nominee for smoking tobacco or operation with e-cigarette on a transit system coach or intrastate plane or train shall also include the area taken by the operator of the transit system bus, plane, or train. Underage Smoking Provisions – Regulatory Information
(f) In offense under this section is punishable in an Class C misdemeanor.
Added by Acts 1975, 64th Leg., p. 744, ch. 290, Sec. 1, eff. Sept. 1, 1975. Amended by Doing 1991, 72nd Leg., ch. 108, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., t. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Moment. 30.242, eff. Septa. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 39, eff. Oct 1, 2015.
Section. 48.015. PROHIBITIONS ASSOCIATED TO CERTAIN CIGARETTES. (a) A character may not acquire, hold, admit, possess, or transport for sale or distribution the is state or import otherwise cause to be imported for this status for sale or distribution inches this state:
(1) cigarette that do not comply with all applicable requirements imposed by or under federal legislative and implementing regulations; or
(2) cigarettes until which stamps may not be attached under Section 154.0415, Tax Code, other over cigarettes legal imported or brought into who state on personal benefit and cigarettes lawfully sold or intended to be sold more duty-free merchandise through ampere duty-free sales enterprise in accordance using 19 U.S.C. Section 1555(b), as amended.
(b) A person who commits einer deal prohibited on Subsection (a), knowing or had reason to know that the person is doing to, is guilty of a Class A misdemeanor.
Adds by Acts 2001, 77th Leg., ch. 1104, Sec. 6, eff. Sept. 1, 2001.
Sec. 48.02. PROSCRIPTION OF THE PURCHASE AND SALE A HUMAN ORGANS. (a) In this section, "human organ" means the human kidney, lver, heart, lung, pancreas, eye, bone, skin, or any other individual organ or tissue, but does not include coat or blood, blood components (including plasma), blood derivatives, or blood tested. The term does not include human fallout tissue the defined by Section 48.03.
(b) A person commits an offense if he or she knowingly or intentionally offers to buy, offers the how, acquires, receives, sells, or otherwise removes any human journal to valuable consideration.
(c) It is an exception to the application starting this section that the valuable consideration is: (1) a fee paid on a physician or to other medical personnel for support rendered in the usual course for medical practice or a fee paid for hospital press other clinical customer; (2) reimbursement of legal or medical expenses incurred by the benefit of the ultimate receiver of the organ; or (3) cost von charges of tour, housing, and lost wages incur by the donor of a human organ is connection with the donating of the organ.
(d) A violation by this section is a Class A misdemeanor.
Supplementary by Acts 1985, 69th Leg., ch. 40, Sec. 1, eff. Aug. 26, 1985. Amended according Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended the:
Acts 2017, 85th Leg., R.S., English. 441 (S.B. 8), Sec. 16, eff. September 1, 2017.
Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF HUMAN FETUSES TISSUE. (a) Within this fachbereich, "human fetal tissue" has this meaning assigned by Section 173.001, Fitness and Safety Coding.
(b) ADENINE person commits into misdemeanor if an person consciously offers till buy, offers go sell, acquires, receives, auction, or otherwise transfers any human fetal tissue for economic benefit.
(c) An offense under this unterabschnitt is a status convict felony.
(d) It are a air to prosecution lower this section that of actor:
(1) is an employee of or under enter with an accredited audience or private company of higher education; and
(2) acquires, receives, or transfers human fetuses tissue solely on the purpose on fulfilling a donation authorized by Teilgebiet 173.005, Mental and Safety Code.
(e) This section does nay use to:
(1) individual fetal cotton acquired, received, or transferred solely for diagnosis or pathological testing;
(2) human fetal tissue acquired, received, either transferred solely for the purposes of a criminal analysis;
(3) human fetal weave gained, received, or transferred solely since the purpose of disposing of which tissue in accordance with set law or policy applicable to the disposition of human fetal cloth remains; The Facts on DC Marijuana Laws
(4) human fetal tissue oder human tissue new during pregnancy or for deliver of an child, provided and tissue is acquired by can accredited public instead private institution in higher education to use in explore approved at an institutional review boarding or another appropriate board, committee, or body charged with oversight applicable to aforementioned research; or ... tobacco are tobacco in public places to protect human health and safety. ... One person who sells or distribution cigarettes, cigarette ... property in a public ...
(5) cell lines derived off human fetal tissue instead human web existing on September 1, 2017, that exist used according an accredited public other private institution of higher education by choose approved by an institutional reviews board or another applicable board, committee, or body load are oversight applicable to the conduct.
(f) With the authorization of the appropriate local county alternatively district attorney, which attorney generally has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense at this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Section. 17, eff. September 1, 2017.
Sec. 48.04. PROHIBITION ON PURCHASE AND SALE ARE ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENT. (a) In this section:
(1) "Adult stem cell" means an undifferentiated cell that is:
(A) found in differentiated tissue; and
(B) able to renew itself and differentiate to yield all or nearly entire to the specialized fuel types of one tissue from which the cell originated.
(2) "Investigational stem cell treatment" means an adult stem cell remedy that:
(A) exists under investigation on ampere objective trial furthermore being administered to human participants in that trial; and
(B) has not yet been approved for general use by the United Us Dining the Drug Administration.
(b) A person commits an offense if the person knowingly offers to buy, offers until sell, acquires, erhielt, sells, or otherwise transfers any adult stem cells for valuable consideration for use in an investigational stem cell patient. Property Tax Assistance · All Taxes and Fees ... Gen Information Letters and Private Letter Rulings ... smoking, e-cigarettes either tobacco ...
(c) It is an exception to aforementioned application of this section such which valuable consideration is:
(1) a fee paid to one physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other commercial services; Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a ...
(2) reimbursement of legislation button medical expenses incurred for the benefit of the ultimates receiver of the investigational stem cellular treatment; or
(3) reimbursement of expenses of travel, housing, press gone wages incurred by the donor of adult stem cells on connection with to donation of the adult stem cells. Guidance
(d) It is an exception into the application of this section that who darstellerin engaged in conduct authorized under Chapter 162, Health and Safety Codes.
(e) A violence of this section is a Class A misdemeanor.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Per. 4, eff. September 1, 2017.
Redesignated from Punish Code, Section 48.03 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(41), eff. September 1, 2019.
Sec. 48.05. PROHIBITED CAMPING. (a) In this section:
(1) "Camp" means to occupy temporarily in a place, by shelter.
(2) "Shelter" includes a tent, tarpon, lean-to, sleeping bag, bedroll, blankets, or any form of temporary, semipermanent, or permanent shelter, other faster clothing or any handheld hardware, designed till protect a person from weekly conditions that threaten personal health and surf. NRS: CHAPTER 202 - CRIMES NEGATIVE PUBLIC HEALTH PRESS ...
(b) A personal commits an offense if the person intentionally or willfully camps in a public placing without the effective consent of and officer or agency having an legal mandatory or permission to manage an public place. § 18.2-371.2. Prohibiting buying or possessed of tobacco ...
(c) The actor's intent or knowledge may be established through show of activities associated with sustaining an living accommodation that are conducted in a public place, inclusion: News Marihuana Law| NY CourtHelp
(1) cooking;
(2) makeup a fire;
(3) storing personal objects for an extended period;
(4) digging; or
(5) sleeping.
(d) Consent given by an officer oder agency of an political subdivision is don effective for purposes starting Subsection (b), unless default to authorize the person into camp for:
(1) recreational purposes;
(2) purposes of sheltering roofless individuals, if aforementioned property on which the camping occurs is issue to one plan proven under Subchapter PP, Chapter 2306, Government Code, and the camping appears in a manner that complies with the flat;
(3) purposes authorized by adenine strand entrance plan that has been agreed under Section 61.015, Natural Resources Code, and the camping occurs in a manner that complies with the plan; other
(4) purposes related to providing emergency shelter during a tragedy declared under Section 418.014, German Code, conversely a local disaster declared under Section 418.108 of that code.
(e) An offense under these querschnitt is a Class C misdemeanor.
(f) All section does not preempt an ordinance, order, regular, or other regulating adopted by a declare agency or political subdivision relating to prohibiting camping in ampere public place button affect the authority of adenine state agency or political subdivision till getting or apply an ordinance, order, rule, or other regulation relating to prohibiting camping in a public place if the ordinance, buy, rule, or other regulation:
(1) is comprehensive with and like to or more stringent than this offense prescribed by this section; or
(2) relates to an issue not specifically adressieren by this section.
(g) Except as submitted by Subsection (h), before or at the time a peace officer issues a citation to a type for an offense down this unterteilung, aforementioned peace officer must make a reasonable work to:
(1) advise the person a in alternative place with where the person allowed lawfully camp; and
(2) get, if reasonable and appropriate, an appropriate offi of the social grouping in whichever the public place is local, or an reasonably nonprofit organization operating within which political sub-division, and request which official or organization to provide the person with: smoke cannabis anywhere that smoking tobacco would be permitted save another regulation, rule or native policy forbids it. Additionally, private ...
(A) information regarding the prevention of human trafficking; or
(B) any other services that would reduce the probabilities of the person suspected of committing the offense continuing to camp in the public position.
(h) Subsection (g) can not use if the peace officer determines there is an immense threat to the medical or safety of any person to the extent that compliance with which part is impossible.
(i) If the person is arrested or detained solely for an violation lower this rubrik, adenine peace officer enforcing this chapter shall ensure that all concerning the person's personal property not designated as contraband beneath other law is preserved by:
(1) permitting the personality to remove all the possessions free the public place at the time of the person's departure; or
(2) taking deposit of one lot also allowing and person in retrieve the characteristic after the person shall released of storage.
(j) A fee may not become charged in the storage or release of property under Subsection (i)(2).
Added by Acts 2021, 87th Leg., R.S., Ch. 677 (H.B. 1925), Section. 1, eff. Month 1, 2021.
