2005 Texas Penal Code CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH

PENAL CODE

CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH


	§ 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, § 1, eff. Sept. 1, 
1975.  Amended by Acts 1991, 72nd Leg., ch. 108, § 2, eff. Sept. 
1, 1991;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994;  Acts 1997, 75th Leg., ch. 165, § 30.242, eff. Sept. 1, 
1997.


	§ 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, § 6, eff. Sept. 1, 2001.          


	§ 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, § 1, eff. Aug. 26, 1985.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.