Dallas, TX

TX Statute 2306.204 Independent Audit of Housing Trust Fund
Effective: 9/1/93 – Through: 7/1/22
(a) An independent auditor shall annually conduct an audit of the housing trust fund to determine the amount of unencumbered fund balances that is greater than the amount required for the reserve fund.

(b) The independent auditor shall submit the audit report to the board not later than December 31 of each year.

TX Statute 2306.202 Use of Housing Trust Fund
Effective: 6/19/09 – Through: 7/1/22
(a) The department, through the housing finance division, shall use the housing trust fund to provide loans, grants, or other comparable forms of assistance to local units of government, public housing authorities, nonprofit organizations, and income-eligible individuals, families, and households to finance, acquire, rehabilitate, and develop decent, safe, and sanitary housing. In each biennium the first $2.6 million available through the housing trust fund for loans, grants, or other comparable forms of assistance shall be set aside and made available exclusively for local units of government, public housing authorities, and nonprofit organizations. Any additional funds may also be made available to for-profit organizations provided that at least 45 percent of available funds, as determined on September 1 of each state fiscal year, in excess of the first $2.6 million shall be made available to nonprofit organizations for the purpose of acquiring, rehabilitating, and developing decent, safe, and sanitary housing. The remaining portion shall be distributed to nonprofit organizations, for-profit organizations, and other eligible entities. Notwithstanding any other section of this chapter, but subject to the limitations in Section 2306.251(c), the department may also use the fund to acquire property to endow the fund.

(b) Use of the fund is limited to providing:

(1) assistance for individuals and families of low and very low income;

(2) technical assistance and capacity building to nonprofit organizations engaged in developing housing for individuals and families of low and very low income; and

(3) security for repayment of revenue bonds issued to finance housing for individuals and families of low and very low income.

TX Statute 2306.201 Housing Trust Fund
Effective: 6/19/09 – Through: 7/1/22
(a) The housing trust fund is a fund:

(1) administered by the department through the housing finance division; and

(2) placed with the Texas Treasury Safekeeping Trust Company.

(b) The fund consists of:

(1) appropriations or transfers made to the fund;

(2) unencumbered fund balances;

(3) public or private gifts, grants, or donations;

(4) investment income, including all interest, dividends, capital gains, or other income from the investment of any portion of the fund;

(5) repayments received on loans made from the fund; and

(6) funds from any other source.

(c) The department may accept gifts, grants, or donations for the housing trust fund. All funds received for the housing trust fund under Subsection (b) shall be deposited or transferred into the Texas Treasury Safekeeping Trust Company.

TX Statute 2306.205 Transfer of Money to Housing Trust Fund
Effective: 9/1/97 – Through: 7/1/22
(a) Except as provided by Subsections (c), (d), and (e), not later than January 10 of each year the housing finance division shall transfer to the housing trust fund an amount, as determined by the audit report prepared under Section 2306.204, equal to one-half of the housing finance division’s unencumbered fund balances in excess of two percent of the division’s total bonded indebtedness that is not rated on its own merits in the highest long-term debt rating category by one or more nationally recognized rating agencies.

(b) The department shall determine the unencumbered fund balance under Subsection (a) according to the debt rating criteria established for housing finance agencies by one or more nationally recognized rating agencies.

(c) If, at the time an annual audit required by Section 2306.204 is concluded, the housing finance division’s unencumbered fund balances exceed four percent of its total bonded indebtedness that is not rated on its own merits in the highest long-term debt rating category, the department shall transfer not later than January 10 of the next year all amounts in excess of that four percent.

(d) If, at the time an annual audit required by Section 2306.204 is concluded, a nationally recognized rating agency has recommended that the housing finance division maintain unencumbered fund balances in excess of the amount permitted by Subsection (a) to achieve or maintain a rating of at least Aa/A+ on all or a portion of the bonded indebtedness of the housing finance division that is issued under an open indenture or an open flow of funds, the department shall transfer not later than January 10 of the next year all amounts in excess of the amount required by the rating agency to be held as unencumbered fund balances.

(e) If, at the time an annual audit required by Section 2306.204 is concluded, a nationally recognized rating agency has recommended that the housing finance division increase the amount of its unencumbered fund balances to achieve or maintain a financially sound condition or to prevent a decrease in the long-term debt rating maintained on all or a portion of the housing finance division’s bonded indebtedness, the housing finance division may not make further annual transfers to the housing trust fund until all requirements and conditions of the rating agency have been met.

(f) In addition to the money transferred into the housing trust fund under this section, and subject to Subsection (e), the department shall transfer into the fund the amount of any origination fee, asset oversight fee, and servicing fee the department or the Texas State Affordable Housing Corporation receives in relation to the administration of its 501(c)(3) bond program established pursuant to Section 2306.358 that exceeds the amount needed by the department or the Texas State Affordable Housing Corporation to pay its operating and overhead costs and fund reserves, including an insurance reserve or credit enhancement reserve established by the board in administering the program.

TX Statute 2306.203 Rules Regarding Administration of Housing Trust Fund
Effective: 6/19/09 – Through: 7/1/22
The board shall adopt rules to administer the housing trust fund, including rules providing:

(1) that the division give priority to programs that maximize federal resources;

(2) for a process to set priorities for use of the fund, including the distribution of fund resources in accordance with a plan that is developed and approved by the board and included in the department’s annual report regarding the housing trust fund as described in the General Appropriations Act;

(3) that the criteria used to evaluate a proposed activity will include the:

(A) leveraging of resources;

(B) cost-effectiveness of the proposed activity; and

(C) extent to which individuals and families of very low income are served by the proposed activity;

(4) that funds may not be made available for a proposed activity that permanently and involuntarily displaces individuals and families of low income;

(5) that the board attempt to allocate funds to achieve a broad geographical distribution with:

(A) special emphasis on equitably serving rural and nonmetropolitan areas; and

(B) consideration of the number and percentage of income-qualified families in different geographical areas; and

(6) that multifamily housing developed or rehabilitated through the fund remain affordable to income-qualified households for at least 20 years.

Dallas Complete Streets Design Manual
Effective: 1/27/16 – Through: 7/1/22
Introduction

WHAT ARE COMPLETE STREETS?

The vision of the Dallas Complete Streets Initiative is to build streets that are safe and comfortable for everyone: young and old; motorists and bicyclists; walker and wheelchair users; bus and train riders alike.

The City launched the Complete Streets Initiative in June 2011 with the goal of instituting a new approach to designing and building streets. Complete Streets is a relatively new term for an idea from decades past. Long before regulations and requirements promoting rapid automobile movement began dictating street design, streets were built and developed to serve the destinations surrounding them. Some of the greatest streets in America still maintain this centuries-old character. New great streets – built to evolving standards – are being built throughout the country through Complete Streets programs.

Complete Streets make it easy to cross the street, walk to shops, and bicycle to work. They help buses run on time and make it safe for people to walk to and from train stations.

DALLAS COMPLETE STREETS GOALS AND OBJECTIVES

Dallas Complete Streets Initiative has been guided by goals embraced in past City Council policy directives. The goal of Dallas Complete Streets is to design streets that

• Enhance the public realm rather than serve as mere traffic conduits

• Provide for multiple transportation modes—pedestrian, bicycle, transit, and automobile—and include environmentally sustainable solutions appropriate for the situations

• Reflect that all streets are not the same

• Use design solutions that are specific to the context

• Support flexibility to accommodate changing needs, and allow change to occur incrementally

The following objectives have driven the development of this manual as a means towards achieving the above stated goals:

• Establish a new street design process, policies, and standards that integrate Complete Streets and Integrated Stormwater Management (iSWM) principles

• Provide effective and timely opportunities for community stakeholder input on the design priorities, costs, benefits, and trade-offs of proposed street improvements

• Develop a strategy for systematic and phased implementation over time through both public and private improvements

Benefits of Complete Streets

Complete Streets drive both infrastructure and cultural changes. Shifting demographic trends show more people are choosing to live in walkable urban areas and desire access to several modes of transportation. This gives an increasing number of people the option not to use automobiles for everyday travel.

With over 40 percent of the trips made in the U.S. being less than two miles, and roadway congestion growing despite a continual investment in infrastructure, the demand for alternative ways to move around the City is increasing. In a random phone survey (discussed later in this chapter) of Dallas citizens’ perception and use of transportation, 54 percent of respondents expressed interest in using transit; 12 percent indicated they would be interested in walking or biking, if it was more convenient; 68 percent of residents believed that being able to walk or bike to destinations would be better for the economy; and 88 percent would accept a five-minute longer drive time if it meant more convenient walking and biking. Given these responses from Dallas residents, it is obvious that providing safe and healthy alternatives to our current transportation system is critical.

The Complete Streets design also encourages a shift in the City’s modal split, increasing the use of transit, biking, and walking. By diversifying modes of transportation, like transit and rail, more people can move through a corridor other than by solely using motor vehicles. Another critical benefit is the incorporation of green features. These design elements can improve the visual impact of the roadway, assist in stormwater management, combat pollution from emissions, reduce exposed pavement, and lead to a decrease in the City’s heat island effect.

Complete Streets benefit the city in the following ways:

• Promote public safety

• Create increased social, civic, and economic activity on streets

• Increase the overall capacity of the transportation network while offering options to avoid traffic

• Provide incentives for economic revitalization by reducing transportation costs and travel time while increasing property values and job growth

• Reduce the demand on existing infrastructure by incorporating stormwater management into street designs

• Improve the return on infrastructure investments by integrating sidewalks, bike lanes, transit amenities, and safe crossings into the initial design of a project, sparing the expense of later retrofits

• Improve the quality of place by creating vibrant, livable centers through increased walking and bicycling, and by promoting suitable denser development patterns

• Improve safety by designing and accommodating for all modes—bicyclists, pedestrians, drivers, and transit users—thus reducing the incidence of crashes

• Create more walking and bicycling opportunities to address our City’s obesity epidemic; streets that provide room for bicycling and walking can help encourage children to be more physically active and to gain independence

• Provide environmental benefits from reduced congestion, alternative transportation options, and water quality improvements

• Enhance the everyday quality of life for Dallas residents by providing safe, comfortable space for public activities.

[…]

City of Dallas Resolution 160173
Effective: 1/27/16 – Through: 7/1/22
WHEREAS, the City seeks to become a more livable city that can continue to promote a healthy population and a robust economy; and recognizes that streets play a vital part in achieving this goal; and

WHEREAS, the City recognizes the need for its transportation infrastructure to evolve and the importance of providing an integrated transportation system that balances the needs of all users regardless of age or ability, and that meets multi-modal needs including walking, bicycling, and mass transit, as well as automobiles, trucks, and emergency vehicles; and

WHEREAS, the City does not control all roads or modes of transportation within its corporate limits and therefore depends on partner agencies to enhance the transportation options offered within the city; and

WHEREAS, the Transportation Element of the forwardDallas! Comprehensive Plan, adopted by City Council in June 2006, calls for a context sensitive approach to the design of streets throughout the City to meet the needs of the neighborhoods through which they pass, and to build a multi-modal system that serves all users; and

WHEREAS, Complete Streets principles offer inclusive, context sensitive framework for planning, design, construction, operation, and maintenance of a multi-modal transportation infrastructure system that can ensure safe and convenient access to community destinations for all users and modes of transportation; and

WHEREAS, Complete Streets principles have been, and continue to be, adopted nationwide at state, county, and city levels in the interest of proactive planning and adherence to federal regulations that guide transportation planning organizations to promote multi-modal transportation options and accessibility for all users; and

WHEREAS, in June 2010, the City received a planning grant award from the Federal Highway Administration through the Transportation and Community and System Preservation grant program as well as matching funds from the Regional Transportation Council to develop a Complete Streets Design Manual for citywide use; and

WHEREAS, following an extensive community engagement process that included community workshops, community surveys, pilot projects, and briefings to City boards, commissions, Council committees, and the City Council, the Complete Streets Design Manual has been completed and contains policies and guidelines for all aspects of street design to promote a comprehensive, connected, and integrated transportation network; and

WHEREAS, the City has recently initiated an Urban Design Program to develop citywide comprehensive urban design principles, policies, and guidelines to enhance the quality of the public realm, including but not limited to streets.

NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That the City Council adopts the Complete Streets Design Manual as a comprehensive policy guide for all public or private projects that impact the planning, design, construction, and operation of streets, and hereby directs the City Manager to initiate the following actions:

1. Coordinate and integrate the content of the Complete Streets Design Manual with the broader urban design principles, policies, and guidelines to be developed through the City’s Urban Design Program and thereafter amend the forwardDallas! Comprehensive Plan to incorporate the resulting policy framework;

2. Amend the Dallas Thoroughfare Plan to incorporate references to the content of the Complete Street Design Manual;

3. Amend the Paving Design Manual and the Drainage Design Manual to incorporate and reflect Complete Street design principles;

4. Review the Dallas City Code, including Chapters 28, 43, and 51A, to identify specific amendments necessary to provide references to and ensure consistency with the Complete Streets Design Manual relating to considerations such as minor street design, sidewalk and streetscape design, curb cuts, licensing and abandonment of street rights-of-way, and street operations;

5. Communicate to partner agencies the City’s desire that they utilize Complete Streets principles when designing and operating projects within the City’s limits;

6. Continue ongoing implementation of funded Complete Streets projects and bike lane striping and coordinate complete street project implementation with ongoing streetcar planning, DART bus route planning and on-street parking improvements;

7. Identify funding opportunities for additional Complete Streets projects through the next bond program;

8. Measure the progress of implementation of the Complete Street Design Manual by developing performance measures to be reported in the City’s Sustainability Plan. These measures must include total miles of bike lanes (including marked shared lanes), number of new ADA compliant curb ramps built along city streets, total linear feet of sidewalks with pedestrian lighting, and linear feet of sidewalk waivers approved for that year.

SECTION 2. That the City of Dallas affirms that all road projects should be designed to comfortably accommodate all users, regardless of age or ability, to the fullest extent possible within the context of the adjacent community, in a manner that balances multi-modal transportation needs, including pedestrians, bicycles, mass transit, automobiles, trucks, and emergency vehicles, and that these considerations shall be a routine part of all road planning, design, construction, operation, and maintenance activities.

SECTION 3. The City acknowledges that not all work activities associated with streets may be appropriate for accommodating all modes of transportation. Ordinary maintenance activities such as mowing, sweeping, and spot repairs will not be subject to this policy. Exceptions to this policy for any other projects must be reviewed and approved by the Director of Public Works, the Director of Planning and Urban Design and the City’s Traffic Engineer (Streets Department). If the application of Complete Streets principles is found to be unnecessary, unduly cost prohibitive, contrary to public safety, or prohibited by law, the project may receive an exception.

SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

[…]

Tex. Labor Code § 62.0515. Application of Minimum Wage to Certain Governmental Entities; Certain Agreements with Governmental Entities
Effective: 9/1/03 – Through: 7/1/22
(a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment, other than wages under a public contract.

(b) This section does not apply to any state or federal job training or workforce development program.

(c) This section does not apply to a minimum wage established by a governmental entity that applies to a contract or agreement, including a non-annexation agreement, entered into by a governmental entity and a private entity. A private entity that enters into a contract or agreement, including a non-annexation agreement, with a governmental entity, under the terms of which the private entity agrees to comply with a minimum wage established by the governmental entity, is subject to the terms of that contract or agreement, and those terms apply to and may be enforced against a general contractor, subcontractor, developer, and other person with which the private entity contracts in order to comply with the provisions of the original contract or agreement.

(d) For purposes of this section, “governmental entity” includes a municipality, a county, a special district or authority, a junior college district, or another political subdivision of this state.

Dallas Comprehensive Environmental and Climate Action Plan (https://27aabd9a-6024-4b39-ba78-f6074e2fc631.filesusr.com/ugd/349b65_e4f9a262cebf41258fd4343d9af0504f.pdf)

Dallas City Code § 27-30. REGISTRATION AND POSTING REQUIREMENTS; DEFENSES.
Effective: 12/8/21 – Through: 7/1/22
(a) The owner of a rental property located in the city commits an offense if he operates the rental property or otherwise allows a dwelling unit in a rental property to be occupied or leased without first submitting a rental registration application or annual renewal application that fully complies with Section 27-31 of this article.

(b) A condominium association commits an offense if it governs, operates, manages, or oversees a condominium or its common elements without first submitting a rental registration application or annual renewal application that fully complies with Section 27-31 of this article.

(c) A person commits an offense if he, as a landlord or property manager, allows a dwelling unit in a rental property to be occupied or leased without first submitting a rental registration application or annual renewal application that fully complies with Section 27-31 of this article.

(d) A person commits an offense if he, as an owner, landlord, or property manager of a multitenant property or condominium association, fails to post, in a conspicuous place in a common area of the property or as otherwise approved by the director, the certificate of inspection score issued by the director.

(e) A person commits an offense if he, as an owner, landlord, or property manager of a multitenant property, fails to provide each tenant, upon request, with a copy of the rules of the multitenant property.

(f) A person commits an offense if he, as an owner, landlord, or property manager of a multitenant property, operates that property or otherwise allows a dwelling unit in that property to be occupied or leased without employing a full-time manager to oversee the day-to-day operations of the property, if the property has 12 or more units.

(g) It is a defense to prosecution under this section that:

(1) at the time of notice of violation, no dwelling units in the rental property are leased or offered for lease and the owner of the rental property has filed with the director an exemption affidavit on a form provided by the director;

(2) at the time of notice of violation, the owner of the single dwelling unit rental property had rented the property to tenants for a total of not more than 30 consecutive days during the preceding 12 months;

(3) at the time of notice of violation, the only tenants living in the single dwelling unit rental property are individuals related to the owner by consanguinity or affinity;

(4) at the time of the notice of violation, the owner of a single dwelling unit rental property had a homestead exemption for the property on file with the county appraisal district which the rental property is located; or

(5) at the time of the notice of a violation:

(A) the property was a short-term rental; and

(B) applicable hotel occupancy taxes levied on the property under Article V of Chapter 44 of the city code, as amended, had been collected and remitted in full.

Dallas City Code § 27-32. REGISTRATION APPLICATION.
Effective: 12/8/21 – Through: 7/1/22
An owner, landlord, or property manager of a condominium association, single dwelling rental unit, or multitenant property must submit to the director a registration application on an electronic form provided for that purpose by the director. The application must contain the following true and correct information:

(1) the name, mailing address, email address, and telephone number for:

(A) the owner of the rental property being registered or the name of the condominium association being registered;

(B) the person or persons who can be contacted 24 hours a day, seven days a week in the event of an emergency condition on the rental property. An emergency condition includes any fire, natural disaster, collapse hazard, burst pipe, lack of working utilities, serious police incident, or other condition that requires an immediate response to avoid or minimize potential harm to the rental property, neighboring property, the occupants of the property, or the public.

(C) if the owner is not a natural person, then an agent, employee, or officer of the owner or condominium association authorized to receive legal notices and service of legal process on behalf of the owner or condominium association, and, in the case of an entity required to be registered with the State of Texas, the registered agent for service of process for the entity;

(D) the holder of any deed of trust or mortgage lien on the rental property being registered;

(E) any insurance carriers providing casualty insurance to the owner covering the rental property or condominium association being registered;

(F) any agent, employee, officer, landlord, property manager, and other person in control of, managing, or operating the rental property or condominium association on behalf of the owner or condominium association; and

(2) if the property being registered is part of a multitenant property or condominium association:

(A) the name, all legal addresses comprising the property, and the main telephone number, if any, of the property;

(B) the number of dwelling units, buildings, and swimming pools located on the property and the total number of bedrooms located on the property (a dwelling unit with no separate bedroom will be counted as one bedroom); and

(C) the name, mailing address, telephone number, and email address for any condominium association applicable to the property;

(3) if the owner of the rental property is not a natural person, the form of the entity, including but not limited to, a corporation, general partnership, limited partnership, trust, or limited liability company, and the state or foreign jurisdiction of organization and registration, if other than the State of Texas, as well as, the name and mailing address for each principal officer, director, general partner, trustee, manager, member, or other person charged with the operation, control, or management of the entity;

(4) a photocopy of the owner’s current driver’s license or other government-issued personal identification card containing a photograph of the owner, if the owner is a natural person; and

(5) any additional information the registrant desires to include or that the director deems necessary to aid in the determination of whether the registration application will be deemed complete.

Dallas City Code § 27-3. DEFINITIONS
Effective: 1/1/17 – Through: 7/1/22
In this chapter:

(1) BATHROOM means an enclosed space containing one or more bathtubs, showers, or both, and which may also include toilets, lavatories, or fixtures serving similar purposes.

(2) BUILDING means a structure for the support or shelter of any use or occupancy.

(3) CITY ATTORNEY means the city attorney of the city of Dallas and includes the assistants and other authorized representatives of the city attorney.

(4) CONDOMINIUM has the meaning assigned in Chapter 82 of the Texas Property Code, as amended.

(5) CONDOMINIUM ASSOCIATION means a corporation whose members are condominium unit owners in a condominium and who are charged with governing, operating, managing, or overseeing a condominium or its common elements.

(6) CONSTRUCTION CODES means the Dallas Building Code, Chapter 53 of the Dallas City Code, as amended; Dallas Plumbing Code, Chapter 54 of the Dallas City Code, as amended; Dallas Mechanical Code, Chapter 55 of the Dallas City Code, as amended; Dallas Electrical Code, Chapter 56 of the Dallas City Code, as amended; Dallas One- and Two-Family Dwelling Code, Chapter 57 of the Dallas City Code, as amended; Dallas Existing Building Code, Chapter 58 of the Dallas City Code, as amended; Dallas Fuel Gas Code, Chapter 59, Dallas Energy Conservation Code; Chapter 60 of the Dallas City Code, as amended; Dallas Green Construction Code, Chapter 61 of the Dallas City Code, as amended; Dallas Fire Code, Chapter 16 of the Dallas City Code, as amended; and the Housing Standards Manual, as amended.

(7) CRIME PREVENTION ADDENDUM means an addendum to a residential lease or rental agreement for the use of a rental property as required by Section 27-43 of this chapter.

(8) DALLAS ANIMAL WELFARE FUND means the Dallas Animal Welfare Fund as described in Section 7-8.4 of Chapter 7 of this code.

(9) DEPARTMENT means the department designated by the city manager to enforce and administer this chapter.

(10) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or department employees designated by the director.

(11) DWELLING means a structure or building used, intended, or designed to be used, rented, leased, let, or hired out to be occupied, or that is occupied for living purposes.

(12) DWELLING UNIT has the definition given that term in Section 51A-2.102 of the Dallas Development Code, as amended.

(13) GRADED INSPECTION means an inspection of a rental property in which the property is given a score by the director based on the number of code violations found to exist on the premises.

(14) HABITABLE ROOM means a space in a building or structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage and utility spaces, and other similar areas, are not considered habitable rooms.

(15) HOUSING STANDARDS MANUAL means the manual by that title and which is kept on file in the office of the city secretary.

(16) INFESTATION means the presence, within or contiguous to a structure or premises, of insects, rodents, vectors, or other pests.

(17) KITCHEN means an area used, or designated to be used, for cooking or preparation of food.

(18) LANDLORD has the same meaning as in Chapter 92 of the Texas Property Code, as amended.

(19) MULTIFAMILY DWELLING means a multifamily use as defined in Section 51A-4.209(b)(5) of the Dallas Development Code, as amended, or, for purposes of this chapter, three or more single dwelling units on the same premises and which are under common ownership.

(20) MULTITENANT PROPERTY means property containing any of the following uses:

(A) A multifamily dwelling as defined in this section.

(B) A lodging or boarding house as defined in Section 51A-4.205(2) of the Dallas Development Code, as amended.

(C) A group residential facility as defined in Section 51A-4.209(b)(3) of the Dallas Development Code, as amended.

(D) An extended stay hotel or motel as defined in Section 51A-4.205(1.1) of the Dallas Development Code, as amended.

(E) A residential hotel as defined in Section 51A-4.209(b)(5.1) of the Dallas Development Code, as amended.

(21) OCCUPANT means a person who has possessory rights to and is actually in possession of a premise.

(22) OPEN AND VACANT STRUCTURE means a structure that is, regardless of its structural condition:

(A) unoccupied by its owners, lessees, or other invitees; and

(B) unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children.

(23) OPERATING CONDITION means free of leaks, safe, sanitary, structurally sound, and in good working order.

(24) OWNER means a person who has ownership or title of real property:

(A) including, but not limited to:

(i) the holder of fee simple title;

(ii) the holder of a life estate;

(iii) the holder of a leasehold estate for an initial term of five years or more;

(iv) the buyer in a contract for deed;

(v) a mortgagee, receiver, executor, or trustee in control of real property; and

(vi) the named grantee in the last recorded deed; or

(B) the owner’s representative with control over the property.

(25) PERSON means any natural person, corporation, organization, estate, trust, partnership, association, or other legal entity.

(26) PEST means an invertebrate animal that can cause disease or damage to humans or building materials.

(27) PLUMBING FIXTURES means gas pipes, water pipes, toilets, lavatories, urinals, sinks, laundry tubs, dishwashers, garbage disposal units, clothes-washing machines, catch basins, wash basins, bathtubs, shower baths, sewer pipes, sewage system, septic tanks, drains, vents, traps, and other fuel-burning or water-using fixtures and appliances, together with all connections to pipes.

(28) PREMISES or PROPERTY means a lot, plot, or parcel of land, including any structures on the land.

(29) PROPERTY MANAGER means a person who, for compensation, has managing control of real property, including an on-site manager of a building or structure.

(30) PUBLIC SEWER means a sewer operated by a public authority or public utility and available for public use.

(31) REGISTRANT means a person submitting a rental property registration or renewal application or a person whose application the director deems complete under Article VII of this chapter.

(32) RENTAL PROPERTY means a multitenant property or a single dwelling unit that is leased or rented to one or more persons other than the owner of the property, regardless of whether the lease or rental agreement is oral or written, or the compensation received by the lessor for the lease or rental of the property is in the form of money, services, or any other thing of value.

(33) SANITARY means any condition of good order and cleanliness that precludes the probability of disease transmission.

(34) SECURITY DEVICE has the definition given that term in Chapter 92 of the Texas Property Code, as amended.

(35) SHORT-TERM RENTAL has the definition given that term in Section 156.001(b) of the Texas Tax Code, as amended.

(36) SINGLE DWELLING UNIT means a single family or duplex, as defined in the Dallas Development Code, as amended, or a condominium dwelling unit.

(37) SOLID WASTE means:

(A) industrial solid waste as defined in Section 18-2(22) of the Dallas City Code, as amended; or

(B) municipal solid waste as defined in Section 18-2(28) of the Dallas City Code, as amended.

(38) STRUCTURE means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(39) TOILET ROOM means a room containing a toilet or urinal but not a bathtub or shower.

(40) URBAN NUISANCE means a premises or structure that:

(A) is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;

(B) regardless of its structural condition, is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or

(C) boarded up, fenced, or otherwise secured in any manner if:

(i) the structure constitutes a danger to the public even though secured from entry; or

(ii) the means used to secure the structure are inadequate to prevent unauthorized entry or use of the structure in the manner described by Paragraph (B) of this subsection.

(41) VECTOR means an insect or other animal that is capable of transmitting a disease-producing organism.

(42) WORKMANLIKE means executed in a skilled manner, for example, generally plumb, level, square, in line, undamaged, and without marring adjacent work.

Dallas City Code § 27-5. INSPECTION
Effective: 1/1/17 – Through: 7/1/22
(a) For the purpose of ascertaining whether violations of this chapter or other city ordinances exist, the director is authorized, at a reasonable time, to inspect:

(1) the exterior of a structure and premises that do not contain a structure; and

(2) the interior of a structure, if the owner, occupant, or person in control gives his permission to the director.

(b) Nothing in this section limits the director’s ability to seek and obtain an administrative search warrant authorizing an interior or exterior inspection of a structure or a vacant premises.

Dallas City Code § 27-31. REGISTRATION; FEES; RENEWAL.
Effective: 12/8/21 – Through: 7/1/22
(a) Rental properties and condominium associations must provide a complete registration to the director annually.

(b) A registration application for a multitenant property, single dwelling unit rental property or condominium association that was not previously required to register must be submitted before the owner leases the property or before any condominium units are occupied.

(c) Rental registration expires one year after the registration date.

(d) The annual registration fee, which includes the initial inspection fee, for a multitenant property is an amount equal to $6.00 times the total number of dwelling units, whether occupied or unoccupied, in the multitenant property.

(e) The annual registration fee for a single dwelling unit rental property is $43 per single dwelling unit rental property.

(f) No refund or prorating of a registration fee will be made.

(g) A registrant shall keep the information contained in its registration application current and accurate. If there is any change in the application information, the registrant shall promptly notify the director in writing of the changes in information.

(h) A registration may be renewed by making application for a renewal in accordance with this article on an electronic form provided by the director. In the application for renewal the registrant shall certify that all information in the then-current registration application is still accurate as of the date of the renewal application or correct any information that is not accurate as of the date of the renewal application.

Dallas City Code § 27-42. PROPERTY INSPECTION; INSPECTION AND REINSPECTION FEES; SELF-CERTIFICATION PROCESS.
Effective: 12/8/21 – Through: 7/1/22
(a) The director shall conduct a graded inspection of each multitenant property at least once every three years; but not more frequently than once a year. Graded inspections may be conducted more frequently by the director, when determined to be in the interest of the public health, safety, and welfare. The director, in accordance with Subsection (d) of this section, shall also conduct any subsequent inspections of any property failing the graded inspection. The director may conduct nongraded comprehensive inspections on a multitenant property at any time the director deems necessary. The director, in accordance with Subsection (e) of this section, may allow a multitenant property owner to conduct a self-certification inspection of the property.

(1) After completing a graded inspection, the director shall timely issue the property owner or manager a certificate of inspection that includes the inspection score.

(2) Multitenant properties that were constructed and issued a certificate of occupancy within the preceding five years are not subject to a graded inspection.

(b) The director shall conduct an inspection of each single dwelling unit rental property at least once every five years. The director may conduct inspections of single dwelling rental properties at any time the director deems necessary when determined to be in the interest of the public health, safety, and welfare. The director, in accordance with Subsection (e) of this section, may allow a single dwelling unit rental property owner to conduct a self-certification inspection of the property.

(c) The inspections conducted pursuant to this section are in addition to any inspections conducted under Section 27-5 of this chapter.

(d) The director may use a property condition assessment tool to determine the frequency and the scope of graded inspections. If a property fails its graded inspection, or if the graded inspection reveals a condition the director determines to be a nuisance, the owner will be assessed fee for all subsequent inspections of the property conducted for the purposes of determining whether the owner has abated the nuisance or cured the deficiencies noted in the graded inspection. Inspection fees will be assessed as follows:

(1) For a multitenant property, a re-inspection of the exterior and any common area(s): $20 for each separate structure inspected.

(2) For a multitenant property, re-inspection of the interior: $46 for each unit actually re-inspected.

(3) For re-inspection of a single dwelling unit rental property: $43 per single dwelling unit rental property.

(e) The following process is required to qualify for the voluntary self-certification process for rental properties deemed eligible by the director:

(1) Single dwelling unit and multitenant registrants, property owners, or authorized agents:

(A) may choose a self-certification inspection at the time of application and payment for rental registration;

(B) shall at the commencement of any tenancy, but prior to occupancy by the tenant, conduct an interior and exterior inspection of each rental unit and correct any deficiencies;

(C) shall have the tenant sign the director approved inspection form upon the completion of every inspection;

(D) shall, if deemed eligible by the director, conduct annual inspections of each rental unit;

(E) shall maintain director approved self-inspection forms for no less than five years from the date any tenant vacates the property;

(F) shall provide inspection forms to the director within 72 hours of a request from the director;

(G) shall provide a copy of all inspection forms and results required in this subsection to the tenant no later than 10 calendar days after the inspection is completed; and

(H) shall provide tenants with information concerning tenants’ rights and responsibilities on a form approved by the director prior to the commencement of any tenancy.

(2) The director may conduct random audits of rental registrations to determine compliance with the self-certification inspection provisions. If the director determines the owner is not compliant with the self-certification inspections, all rental units that were subject to the self-certification is subject to inspection by the director using the approved form.

(f) For failure to have or display, at any time, required documentation, including, but not limited to, permits, notices, licenses, records, or certificates of occupancy, the fee is $86 multiplied by the total number of units in multitenant property.

(g) The director shall provide the lists of the current graded inspection scores and approved self-certified inspections for all registered rental multitenant properties on the city’s website.

Tex. Penal Code § 48.01. Smoking tobacco.
Effective: 10/1/15 – Through: 7/1/22
(a) In this section, “e-cigarette” has the meaning assigned by Section 161.081, Health and Safety Code.

(a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, 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-1) 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-1) if the person is in possession of the burning tobacco product, smokes tobacco, or operates the e-cigarette exclusively within an area designated for smoking tobacco or operating an e-cigarette or as a participant in an authorized theatrical performance.

(e) An area designated for smoking tobacco or operating an e-cigarette 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.

Tex. Education Code § 38.006. E-Cigarettes and Tobacco Products on School Property.
Effective: 10/1/15 – Through: 7/1/22
(a) In this section, “e-cigarette” has the meaning assigned by Section 161.081, Health and Safety Code.

(b) The board of trustees of a school district shall:

(1) prohibit smoking or using e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property;

(2) prohibit students from possessing e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property; and

(3) ensure that school personnel enforce the policies on school property.

Tex. Health & Safety § 161.081. Definitions.
Effective: 9/1/21 – Through: 7/1/22
In this subchapter:

(1) “Cigarette” has the meaning assigned by Section 154.001, Tax Code.

(1-a) (A) “E-cigarette” means:

(i) an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or

(ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision.

(B) The term “e-cigarette” does not include a prescription medical device unrelated to the cessation of smoking.

(C) The term “e-cigarette” includes:

(i) a device described by this subdivision regardless of whether the device is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description; and

(ii) a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.

(1-b) “Minor” means a person under 21 years of age.

(2) “Permit holder” has the meaning assigned by Section 147.0001 of this code or Section 154.001 or 155.001, Tax Code, as applicable.

(3) “Retail sale” means a transfer of possession from a retailer to a consumer in connection with a purchase, sale, or exchange for value of cigarettes, e-cigarettes, or tobacco products.

(4) “Retailer” means a person who engages in the practice of selling cigarettes, e-cigarettes, or tobacco products to consumers and includes the owner of a coin-operated cigarette, e-cigarette, or tobacco product vending machine. The term includes a retailer as defined by Section 154.001 or 155.001, Tax Code, and an e-cigarette retailer as defined by Section 147.0001 of this code, as applicable.

(5) “Tobacco product” has the meaning assigned by Section 155.001, Tax Code.

(6) “Wholesaler” has the meaning assigned by Section 154.001 or 155.001, Tax Code, as applicable.

Tex. Health & Safety § 161.0815. Nonapplicability.
Effective: 9/1/19 – Through: 7/1/22
This subchapter does not apply to a product that is:

(1) approved by the United States Food and Drug Administration for use in the treatment of nicotine or smoking addiction; and

(2) labeled with a “Drug Facts” panel in accordance with regulations of the United States Food and Drug Administration.

Tex. Health & Safety § 161.086. Vendor assisted sales required; vending machines.
Effective: 9/1/19 – Through: 7/1/22
a) Except as provided by Subsection (b), a retailer or other person may not:

(1) offer cigarettes, e-cigarettes, or tobacco products for sale in a manner that permits a customer direct access to the cigarettes, e-cigarettes, or tobacco products; or

(2) install or maintain a vending machine containing cigarettes, e-cigarettes, or tobacco products.

(b) Subsection (a) does not apply to:

(1) a facility or business that is not open to persons younger than 21 years of age at any time;

(2) that part of a facility or business that is a humidor or other enclosure designed to store cigars in a climate-controlled environment and that is not open to persons younger than 21 years of age at any time; or

(3) a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code and that is not open to persons younger than 21 years of age at any time.

(c) The comptroller or a peace officer may, with or without a warrant, seize, seal, or disable a vending machine installed or maintained in violation of this section. Property seized under this subsection must be seized in accordance with, and is subject to forfeiture to the state in accordance with, Subchapter H, Chapter 154, Tax Code, and Subchapter E, Chapter 155, Tax Code.

(d) A person commits an offense if the person violates Subsection (a). An offense under this subsection is a Class C misdemeanor.

Tex. Health & Safety § 161.085. Notification of employees and agents.
Effective: 9/1/19 – Through: 7/1/22
(a) Each retailer shall notify each individual employed by that retailer who is to be engaged in retail sales of cigarettes, e-cigarettes, or tobacco products that state law:

(1) prohibits the sale or distribution of cigarettes, e-cigarettes, or tobacco products to any person who is younger than 21 years of age as provided by Section 161.082 and that a violation of that section is a Class C misdemeanor; and

(2) requires each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine to post a warning notice as provided by Section 161.084, requires each employee to ensure that the appropriate sign is always properly displayed while that employee is exercising the employee’s duties, and provides that a violation of Section 161.084 is a Class C misdemeanor.

(b) The notice required by this section must be provided within 72 hours of the date an individual begins to engage in retail sales of cigarettes, e-cigarettes, or tobacco products. The individual shall signify that the individual has received the notice required by this section by signing a form stating that the law has been fully explained, that the individual understands the law, and that the individual, as a condition of employment, agrees to comply with the law.

(c) Each form signed by an individual under this section shall indicate the date of the signature and the current address and social security number of the individual. The retailer shall retain the form signed by each individual employed as a retail sales clerk until the 60th day after the date the individual has left the employer’s employ.

(d) A retailer required by this section to notify employees commits an offense if the retailer fails, on demand of a peace officer or an agent of the comptroller, to provide the forms prescribed by this section. An offense under this section is a Class C misdemeanor.

(e) It is a defense to prosecution under Subsection (d) to show proof that the employee did complete, sign, and date the forms required by Subsections (b) and (c). Proof must be shown to the comptroller or an agent of the comptroller not later than the seventh day after the date of a demand under Subsection (d).

Tex. Health & Safety § 161.084. Warning notice.
Effective: 9/1/19 – Through: 7/1/22
(a) Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the cigarettes, e-cigarettes, or tobacco products may be purchased.

(b) The sign must include the statement:

PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER’S OFFICE BY CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT. THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO IS IN THE UNITED STATES MILITARY FORCES OR STATE MILITARY FORCES.

(b-1) Immediately following the statement described by Subsection (b), the sign described by that subsection must include the statement:

THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO WAS BORN ON OR BEFORE AUGUST 31, 2001.

(b-2) This subsection and Subsection (b-1) expire September 1, 2022.

(c) The comptroller by rule shall determine the design and size of the sign.

(d) The comptroller on request shall provide the sign without charge to any person who sells cigarettes, e-cigarettes, or tobacco products. The comptroller may provide the sign without charge to distributors of cigarettes, e-cigarettes, or tobacco products or wholesale dealers of cigarettes, e-cigarettes, or tobacco products in this state for distribution to persons who sell cigarettes, e-cigarettes, or tobacco products. A distributor or wholesale dealer may not charge for distributing a sign under this subsection.

(e) A person commits an offense if the person fails to display a sign as prescribed by this section. An offense under this subsection is a Class C misdemeanor.

(f) The comptroller may accept gifts or grants from any public or private source to perform the comptroller’s duties under this section.

Tex. Health & Safety § 161.082. Sale of cigarettes, e-cigarettes, or tobacco products to persons younger than 21 years of age prohibited; proof of age required.
Effective: 9/1/19 – Through: 7/1/22
a) A person commits an offense if the person, with criminal negligence:

(1) sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 21 years of age; or

(2) sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to another person who intends to deliver it to someone who is younger than 21 years of age.

(b) If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution.

(c) An offense under this section is a Class C misdemeanor.

(d) It is a defense to prosecution under Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presented to the defendant apparently valid proof of identification.

(e) A proof of identification satisfies the requirements of Subsection (d) if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport, or an identification card issued by a state or the federal government.

(f) It is an exception to the application of Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold:

(1) is at least 18 years of age; and

(2) presented at the time of purchase a valid military identification card of the United States military forces or the state military forces.

Tex. Health & Safety § 161.088. Enforcement; unannounced inspections.
Effective: 9/1/19 – Through: 7/1/22
(a) The comptroller shall enforce this subchapter in partnership with local law enforcement agencies and with their cooperation and shall ensure the state’s compliance with Section 1926 of the federal Public Health Service Act (42 U.S.C. Section 300x-26) and any implementing regulations adopted by the United States Department of Health and Human Services. Except as expressly authorized by law, the comptroller may not adopt any rules governing the subject matter of this subchapter or Subchapter K, N, or O.

(b) The comptroller may make block grants to counties and municipalities to be used by local law enforcement agencies to enforce this subchapter and Subchapter R in a manner that can reasonably be expected to reduce the extent to which cigarettes, e-cigarettes, and tobacco products are sold or distributed, including by delivery sale, to persons who are younger than 21 years of age. At least annually, random unannounced inspections shall be conducted at various locations where cigarettes, e-cigarettes, and tobacco products are sold or distributed, including by delivery sale, to ensure compliance with this subchapter and Subchapter R. The comptroller shall rely, to the fullest extent possible, on local law enforcement agencies to enforce this subchapter and Subchapter R.

(c) To facilitate the effective administration and enforcement of this subchapter, the comptroller may enter into interagency contracts with other state agencies, and those agencies may assist the comptroller in the administration and enforcement of this subchapter.

(d) The use of a person younger than 21 years of age to act as a minor decoy to test compliance with this subchapter and Subchapter R shall be conducted in a fashion that promotes fairness. A person may be enlisted by the comptroller or a local law enforcement agency to act as a minor decoy only if the following requirements are met:

(1) written parental consent is obtained for the use of a person younger than 18 years of age to act as a minor decoy to test compliance with this subchapter and Subchapter R;

(2) at the time of the inspection, order, or delivery, the minor decoy is younger than 21 years of age;

(3) the minor decoy has an appearance that would cause a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco products to request identification and proof of age;

(4) the minor decoy carries either the minor’s own identification showing the minor’s correct date of birth or carries no identification, and a minor decoy who carries identification presents it on request to any seller of or any person who delivers cigarettes, e-cigarettes, or tobacco products; and

(5) the minor decoy answers truthfully any questions about the minor’s age at the time of the inspection, order, or delivery.

(e) The comptroller shall annually prepare for submission by the governor to the secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. Section 300x-26).

Tex. Health & Safety § 161.089. Preemption of local law.
Effective: 9/1/19 – Through: 7/1/22
(a) Except as provided by Subsection (b), this subchapter does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the sale, distribution, or use of cigarettes or tobacco products if the regulation, ordinance, or requirement:

(1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or

(2) relates to an issue that is not specifically addressed by this subchapter or Chapter 154 or 155, Tax Code.

(b) A political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by this subchapter.

Tex. Health & Safety § 161.0875. Sale of e-cigarette nicotine containers.
Effective: 10/1/15 – Through: 7/1/22
(a) A person may not sell or cause to be sold a container that contains liquid with nicotine and that is an accessory for an e-cigarette unless:

(1) the container satisfies the child-resistant effectiveness standards under 16 C.F.R. Section 1700.15(b)(1) when tested in accordance with the method described by 16 C.F.R. Section 1700.20; or

(2) the container is a cartridge that is prefilled and sealed by the manufacturer and is not intended to be opened by a consumer.

(b) If the federal government adopts standards for the packaging of a container described by Subsection (a), a person who complies with those standards is considered to be in compliance with this section.

Tex. Health & Safety § 161.090. Reports of violation.
Effective: 9/1/97 – Through: 7/1/22
A local or state law enforcement agency or other governmental unit shall notify the comptroller, on the 10th day of each month, or the first working day after that date, of any violation of this subchapter that occurred in the preceding month that the agency or unit detects, investigates, or prosecutes.

Dallas, Texas § 41-10. Definitions.
Effective: 9/1/21 – Through: 7/1/22
In this article:

(1) TOBACCO-PRODUCT VENDING MACHINE means any self-service device that, upon insertion of any coin, paper currency, token, card, key, or other item, dispenses one or more tobacco products. The term does not include any machine that is in storage, in transit, or otherwise not set up for use and operation, nor does it include any machine that is situated on a train, bus, or other public conveyance.

(2) RESTAURANT BAR means any area of an eating establishment, excluding the dining area:

(A) that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises; and

(B) in which food service, if any, is only incidental to the consumption of alcoholic beverages.

Tex. Health & Safety § 161.0903. Use of certain revenue.
Effective: 9/1/21 – Through: 7/1/22
Revenue from fees collected under Section 161.123 and from the sale of permits under Chapter 147 of this code, retailer permits under Chapter 154, Tax Code, and retailer permits under Chapter 155, Tax Code, shall be deposited in the general revenue fund and may be appropriated only as provided by this section. The revenue shall be appropriated, in order of priority, to:

(1) the comptroller for the purpose of administering retailer permitting under Chapter 147 of this code and Chapters 154 and 155, Tax Code; and

(2) the comptroller for the purpose of administering and enforcing this subchapter and Subchapters K and N.

Dallas, Texas § 41-1. Definitions
Effective: 10/26/19 – Through: 7/1/22
In this chapter:

(1) BAR means an establishment principally for the sale and consumption of alcoholic beverages on the premises that derives 75 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages.

(2) BILLIARDS means any game played on a cloth-covered table with balls and cue sticks where the balls are struck by the sticks and the balls strike against one another.

(3) BILLIARD HALL means an establishment that:

(A) holds a valid billiard hall license issued by the city under Chapter 9A of this code;

(B) has at least 12 billiard tables that are not coin-operated available for rent to persons desiring to play billiards on the premises; and

(C) derives 70 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption and from the rental of billiard tables and billiard equipment to persons desiring to play billiards on the premises.

(4) CIGAR BAR means a bar that derives 15 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or rental of tobacco, tobacco products, smoking implements, or smoking accessories for on-premises consumption.

(5) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, or the director’s designated representative.

(6) EATING ESTABLISHMENT means any establishment that prepares or serves food or beverages, regardless of whether the establishment provides seating or facilities for on-premises consumption. The term includes, but is not limited to, restaurants, coffee shops, cafeterias, short order cafes, fast food establishments, luncheonettes, lunchrooms, soda fountains, food carts, food vending vehicles, and catering establishments.

(7) EMPLOYEE means any person who works for hire at an indoor or enclosed area including an independent contractor with an assigned indoor location.

(8) EMPLOYER means any person who employs one or more employees.

(9) ENCLOSED means an area that:

(A) is closed in overhead by a roof or other covering of any material, whether permanent or temporary; and

(B) has 40 percent or more of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary.

(10) HOSPITAL means any institution that provides medical, surgical, and overnight facilities for patients.

(11) MINOR means an individual:

(A) under 21 years of age; or

(B) at least 18 years of age and presenting a valid military identification card of the United States military forces or the state military forces.

(12) PARK PARTNER means any entity that contracts with the city for the operation, maintenance, or management of park property.

(13) PARK PROPERTY means property under the control and jurisdiction of the park board.

(14) PERSON means an individual, firm, partnership, association, or other legal entity.

(15) RETAIL OR SERVICE ESTABLISHMENT means any establishment that sells goods or services to the general public, including but not limited to any eating establishment, bar, hotel, motel, department store, grocery store, drug store, shopping mall, laundromat, bingo parlor, bowling center, billiard hall, or hair styling salon.

(16) SECOND-HAND SMOKE means ambient smoke resulting from the act of smoking.

(17) SMOKE OR SMOKING means inhaling, exhaling, possessing, or carrying any lighted or burning cigar or cigarette, or any pipe or other device that contains lighted or burning tobacco or tobacco products.

(18) TOBACCO SHOP means a retail or service establishment that derives 90 percent or more of its gross revenue on a quarterly (three-month) basis from the sale of tobacco, tobacco products, or smoking implements.

(19) WORKPLACE means any indoor or enclosed area where an employee works for an employer.

Dallas, Texas § 41-12. Lock-out devices.
Effective: 10/26/19 – Through: 7/1/22
(a) A lock-out device on a tobacco-product vending machine located in an eating establishment must be installed, maintained, and operated in compliance with this section.

(b) A lock-out device may be electrical or mechanical and must be approved by the director.

(c) An owner, operator, employee, or other person in charge of an eating establishment who is at least 21 years of age shall:

(1) install and continuously maintain a lock-out device on a tobacco-product vending machine in good working order;

(2) require identification from any potential customer of the tobacco-product vending machine who appears to be under 30 years of age;

(3) physically observe all transactions in which the tobacco-product vending machine is used; and

(4) physically release the lock-out device before each sale from a tobacco-product vending machine.

Dallas, Texas § 41-3. Signage and other requirements.
Effective: 9/1/21 – Through: 7/1/22
(a) The owner, operator, or person in control of an establishment or other area in which smoking is prohibited under Section 41-2(a)(1) or (a)(3) shall post a conspicuous sign at the main entrance to the establishment or area. The sign must contain the words “No Smoking, City of Dallas Ordinance,” the universal symbol for no smoking, or other language that clearly prohibits smoking.

(b) The owner, operator, or person in control of an indoor or enclosed area to which the smoking prohibition of Section 41-2(a)(2) applies shall post a conspicuous sign at each entrance to the indoor or enclosed area. The sign must contain the words “No Smoking within 15 Feet of Entrance, City of Dallas Ordinance.” The universal symbol for no smoking may be substituted for the words “No Smoking.”

(c) The owner, operator, or person in control of an establishment or area in which smoking is prohibited under Section 41-2 shall remove all ashtrays from the establishment or area.

(d) It is a defense to prosecution under this section that the establishment or area is a location for which a defense to prosecution is provided under Section 41-2(d).

Dallas, Texas § 41-11. Tobacco-product vending machines prohibited; defenses.
Effective: 10/26/19 – Through: 7/1/22
(a) A person commits an offense if he owns or allows the display or use of any tobacco-product vending machine upon any property within the city.

(b) It is a defense to prosecution under Subsection (a) that the tobacco-product vending machine was:

(1) situated in a premises where entry by a person under 21 years of age is prohibited by law;

(2) situated in a hotel, motel, bar, or restaurant bar,

(3) located in a workplace with the permission of the employer; provided that:

(A) the employer usually has no person under 21 years of age employed at the workplace; and

(B) the tobacco-product vending machine is situated at a location within the workplace to which no person other than an employee of the workplace is usually permitted to have access; or

(4) located in an eating establishment and equipped with a lock-out device that was installed, maintained, and operated in compliance with Section 41-12.

Dallas, Texas § 41-9. Penalties.
Effective: 9/1/21 – Through: 7/1/22
(a) A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.

(b) Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine of $200.

(c) The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.

Tex. Penal Code § 48.015. Prohibitions relating to certain cigarettes.
Effective: 9/1/01 – Through: 7/1/22
(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.

Tex. Health & Safety § 161.0902. E-cigarette report.
Effective: 10/1/15 – Through: 7/1/22
(a) Not later than January 5th of each odd-numbered year, the department shall report to the governor, lieutenant governor, and speaker of the house of representatives on the status of the use of e-cigarettes in this state.

(b) The report must include, at a minimum:

(1) a baseline of statistics and analysis regarding retail compliance with this subchapter and Subchapter R;

(2) a baseline of statistics and analysis regarding illegal e-cigarette sales, including:

(A) sales to minors;

(B) enforcement actions concerning minors; and

(C) sources of citations;

(3) e-cigarette controls and initiatives by the department, or any other state agency, including an evaluation of the effectiveness of the controls and initiatives;

(4) the future goals and plans of the department to decrease the use of e-cigarettes;

(5) the educational programs of the department and the effectiveness of those programs; and

(6) the incidence of use of e-cigarettes by regions in this state, including use of e-cigarettes by ethnicity.

(c) The department may include the report required by this section with a similar report for cigarettes or tobacco products required by law.

Tex. Health & Safety § 161.083. Sale of cigarettes, e-cigarettes, or tobacco products to persons younger than 30 years of age.
Effective: 9/1/21 – Through: 7/1/22
(a) A person may not sell, give, or cause to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 30 years of age unless the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presents an apparently valid proof of identification.

(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 19, eff. September 1, 2019.

(b) A retailer shall adequately supervise and train the retailer’s agents and employees to prevent a violation of Subsection (a).

(c) A proof of identification described by Section 161.082(e) satisfies the requirements of Subsection (a).

(d) Notwithstanding any other provision of law, a violation of this section is not a violation of this subchapter for purposes of Section 161.0901.

Tex. Health & Safety § 161.087. Distribution of cigarettes, e-cigarettes, or tobacco products.
Effective: 9/1/19 – Through: 7/1/22
(a) A person may not distribute:

(1) a free sample of a cigarette, e-cigarette, or tobacco product; or

(2) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product.

(a-1) A person may not distribute to persons younger than 21 years of age a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product.

(b) Except as provided by Subsection (c), a person, including a permit holder, may not accept or redeem, offer to accept or redeem, or hire a person to accept or redeem:

(1) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product; or

(2) a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product if the recipient is younger than 21 years of age.

(b-1) A coupon or other item that a recipient described by Subsection (b) may use to receive a discounted cigarette, e-cigarette, or tobacco product may not be redeemable through mail or courier delivery.

(c) Subsections (a)(2), (a-1), (b), and (b-1) do not apply to a transaction between permit holders unless the transaction is a retail sale.

(d) A person commits an offense if the person violates this section. An offense under this subsection is a Class C misdemeanor.

Tex. Health & Safety § 161.0901. Disciplinary action against cigarette, e-cigarette, and tobacco product retailers.
Effective: 9/1/21 – Through: 7/1/22
(a) A retailer is subject to disciplinary action as provided by this section if an agent or employee of the retailer commits an offense under this subchapter.

(b) If the comptroller finds, after notice and an opportunity for a hearing as provided by Chapter 2001, Government Code, that a permit holder has violated this subchapter at a place of business for which a permit is issued, the comptroller may suspend the permit for that place of business and administratively assess a fine as follows:

(1) for the first violation of this subchapter during the 24-month period preceding the violation at that place of business, the comptroller may require the permit holder to pay a fine in an amount not to exceed $1,000;

(2) for the second violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller may require the permit holder to pay a fine in an amount not to exceed $2,000; and

(3) for the third violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller may:

(A) require the permit holder to pay a fine in an amount not to exceed $3,000; and

(B) suspend the permit for that place of business for not more than five days.

(c) Except as provided by Subsection (e), for the fourth or a subsequent violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller shall revoke the permit issued under Chapter 147 of this code or Chapter 154 or 155, Tax Code, as applicable. If the permit holder does not hold a permit under Chapter 147 of this code or Chapter 154 or 155, Tax Code, the comptroller shall revoke the permit issued under Section 151.201, Tax Code.

(d) A permit holder whose permit has been revoked under this section may not apply for a permit for the same place of business before the expiration of six months after the effective date of the revocation.

(e) For purposes of this section, the comptroller may suspend a permit for a place of business but may not revoke the permit under Subsection (c) if the comptroller finds that:

(1) the permit holder has not violated this subchapter more than seven times at the place of business in the 48-month period preceding the violation in question;

(2) the permit holder requires its employees to attend a comptroller-approved seller training program;

(3) the employees have actually attended a comptroller-approved seller training program; and

(4) the permit holder has not directly or indirectly encouraged the employees to violate the law.

(f) The comptroller may adopt rules to implement this section.

Dallas, Texas § 41-2. Smoking prohibited in certain areas.
Effective: 3/1/17 – Through: 7/1/22
(a) A person commits an offense if he smokes:

(1) in any indoor or enclosed area in the city;

(2) within 15 feet of any entrance to an indoor or enclosed area in the city;

(3) in any area designated as nonsmoking by the owner, operator, or person in control of the area and marked with a no smoking sign complying with Section 41-3; or

(4) on park property.

(b) An owner, operator, or person in control of an indoor or enclosed area in the city commits an offense if he, either personally or through an employee or agent, permits a person to smoke in the indoor or enclosed area.

(c) For purposes of this chapter, an indoor or enclosed area includes but is not limited to the following:

(1) An elevator.

(2) A hospital or nursing home.

(3) Any facility owned, operated, or managed by the city.

(4) Any retail or service establishment.

(5) Any workplace.

(6) Any facility of a public or private primary or secondary school or any enclosed theater, movie house, library, museum, or transit system vehicle.

(d) It is a defense to prosecution under Subsection (a)(1), (a)(3), or (b) of this section if the person was smoking in a location that was:

(1) a private residence, except that this defense does not apply when the residence is being used as a child care facility, adult day care facility, or health care facility;

(2) a stage or set of a production of a television program, a theatrical presentation, or a motion picture or filming event where smoking by an actor or performer is essential to the production;

(3) a cigar bar that:

(A) was lawfully operating as a cigar bar on December 10, 2008 (except that this defense does not apply if the cigar bar is expanded, is relocated, or changes majority ownership after December 10, 2008);

(B) does not open into any other indoor or enclosed area in which smoking is prohibited under this section;

(C) is not generally accessible by a minor; and

(D) keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the cigar bar;

(4) a tobacco shop that:

(A) does not open into any other indoor or enclosed area in which smoking is prohibited under this section; and

(B) keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the tobacco shop;

(5) an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:

(A) the outdoor seating area is adjacent to a playground or play area for children; or

(B) the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3; or

(6) a private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner, operator, or person in control of the hotel or motel.

(e) It is a defense to prosecution under Subsection (a)(2) of this section if the person was smoking in a location that was an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:

(1) the outdoor seating area is adjacent to a playground or play area for children; or

(2) the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3.

(f) It is a defense to prosecution under Subsection (a)(4) of this section if the person was smoking in a location that was:

(1) a golf course, if the location was:

(i) between the tee box of the first hole and the end of the green of the 18th hole;

(ii) on the driving range; or

(iii) on the outdoor patio;

(2) the Elm Fork Shooting Range; or

(3) at a park partner site.