El Paso, TX

Tex. Local Government Code u00a7 214.905. Prohibition of Certain Municipal Requirements Regarding Sales of Housing Units or Residential Lots

(a) A municipality may not adopt a requirement in any form, including through an ordinance or regulation or as a condition for granting a building permit, that establishes a maximum sales price for a privately produced housing unit or residential building lot.

(b) This section does not affect any authority of a municipality to:

(1) create or implement an incentive, contract commitment, density bonus, or other voluntary program designed to increase the supply of moderate or lower-cost housing units; or

(2) adopt a requirement applicable to an area served under the provisions of Chapter 373A, Local Government Code, which authorizes homestead preservation districts, if such chapter is created by an act of the legislature.

(c) This section does not apply to a requirement adopted by a municipality for an area as a part of a development agreement entered into before September 1, 2005.

(d) This section does not apply to property that is part of an urban land bank program.

El Paso, TX, Complete Streets

Goal 4.2: El Paso’s thoroughfares will form a well-coected network of complete streets that support driving, walking, bicycling, and public transit.

Policy 4.2.1: Street design standards should provide safe, accessible, and meaningful travel choices – driving, walking, bicycling, and public transit. Separate policies for bicycling and public transit are provided under Goals 4.8, 4.9, and 4.11.

Policy 4.2.2: The City will strengthen its standards for connectivity of local streets by amending Title 19 as described under Goal 2.3 of the Urban Design Element.

Policy 4.2.3: Where optimal street connectivity can’t be or has not been provided, non-motorized connections should be added to reduce walking and bicycling trip lengths.

Policy 4.2.4: In Compact Urban areas, walkability will be prioritized with wide sidewalks, shade, alleys, and street facing access to adjacent land uses.

a. Widen sidewalks where appropriate and feasible.

b. Plant regularly spaced drought-tolerant trees along streets.

c. Provide streetlights that improve safety for drivers, cyclists, and pedestrians while maintaining a dark sky.

d. Curb and gutter construction should be used to prevent flooding on streets and sidewalks where appropriate.

e. Curb radii should be small to discourage drivers from turning corners quickly.

f. Alleys should be included in most blocks so that buildings may be serviced from the rear, driveways and curb cuts can be minimized, and parking can be consolidated at mid-block locations.

g. Provide safe and convenient crosswalks at intersections, and at mid-block crossings where feasible and needed.

Policy 4.2.5: In Compact Urban areas, most new streets should have on-street parking in order to increase access to properties while calming traffic. Except on multiway boulevards, medians should be limited to short segments so that vehicular access to properties is not overly restricted.

Policy 4.2.6: New streets and redesigned streets should be two-way (unless they are designed as a narrow, slow speed, one-way streets).

Policy 4.2.7: The City wishes to achieve high levels of landscaping and other aesthetic improvements on all thoroughfares including those maintained by the county and state.

Policy 4.2.8: Continually update the City-wide plan that establishes priority locations for sidewalks, sidewalk repairs, and sidewalk improvements, prioritizing areas near schools, parks, transit stops mixed residential and commercial districts, and other areas with high or potentially high levels of pedestrian activity.

Policy 4.2.9: The City will make safety a priority for all travel modes and users, especially for the most vulnerable users (pedestrians, children, and those who are physically impaired).

STREET CONVERSIONS

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Policy 4.3.6: The City will use universal design techniques to accommodate pedestrians of all ages and abilities and ensure compliance with the Americans with Disabilities Act (e.g. avoid clear path zone obstruction, provide truncated domes on curb ramps, etc.).

Tex. Health & Safety Code u00a7 161.082 Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger than 21 Years of Age Prohibited; Proof of Age Required

(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 coection 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.

n Tex. Health & Safety Code u00a7 161.081 Definitions

In this subchapter:

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

(1-a) “E-cigarette” means 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. The term does not include a prescription medical device unrelated to the cessation of smoking. The term includes:

(A) 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

(B) 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 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 that term is defined by Section 154.001 or 155.001, Tax 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. Tax Code u00a7 155.001 Definitions

In this chapter:

(1) “Bondedagent” means a person in this state who is a third-party agent of a manufacturer outside this state and who receives tobacco products in interstate commerce and stores the tobacco products for distribution or delivery to distributors under orders from the manufacturer.

(2) “Cigar” means a roll of fermented tobacco that is wrapped in tobacco and the main stream of smoke from which produces an alkaline reaction to litmus paper.

(3) “Commercialbusinesslocation” means the entire premises occupied by a permit applicant or a person required to hold a permit under this chapter.

(4) “Common carrier” means a motor carrier registered under Chapter 643, Transportation Code, or a motor carrier operating under a certificate issued by the Interstate Commerce Commission or a successor agency to the Interstate Commerce Commission.

(5) “Consumer” means a person who possesses tobacco products for personal consumption.

(6) “Distributor” means a person who:

(A) receives untaxed tobacco products for the purpose of making a first sale in this state from a manufacturer outside the state or within the state or otherwise brings or causes to be brought into this state untaxed tobacco products for sale, use, or consumption;

(B) manufactures or produces tobacco products; or

(C) is an importer.

(6-a) “Engageinbusiness” means, in relation to tobacco products, engaging by a person, either directly or through a representative, in any of the following activities:

(A) selling tobacco products in or into this state;

(B) using a warehouse or another location to store tobacco products; or

(C) otherwise conducting through a physical presence tobacco product-related business in this state.

(7) “Export warehouse” means a person in this state who receives untaxed tobacco products from manufacturers and stores the tobacco products for the purpose of making sales to authorized persons for resale, use, or consumption outside the United States.

(8) “First sale” means, except as otherwise provided by this chapter:

(A) the first transfer of possession in connection with a purchase, sale, or any exchange for value of tobacco products in or into this state, which:

(i) includes the sale of tobacco products by:

(a) a distributor in or outside this state to a distributor, wholesaler, or retailer in this state; and

(b) a manufacturer in this state who transfers the tobacco products in this state; and

(ii) does not include:

(a) the sale of tobacco products by a manufacturer outside this state to a distributor in this state; or

(b) the transfer of tobacco products from a manufacturer outside this state to a bonded agent in this state;

(B) the first use or consumption of tobacco products in this state; or

(C) the loss of tobacco products in this state whether through negligence, theft, or other unaccountable loss.

(9) “Importer” means a person who ships, transports, or imports into this state tobacco products manufactured or produced outside the United States for the purpose of making a first sale in this state.

(10) “Manufacturer” means a person who manufactures, fabricates, or assembles tobacco products, or causes or arranges for the manufacture, fabrication, or assembly of tobacco products, for sale or distribution.

(11) “Manufacturer’s representative” means a person employed by a manufacturer to sell or distribute the manufacturer’s tobacco products for which the tax imposed under this chapter has been paid.

(12)” Permit holder” means a bonded agent, distributor, wholesaler, manufacturer, importer, export warehouse, or retailer who obtains a permit under Section 155.041.

(13)” Place of business” means:

(A)a commercial business location where tobacco products are sold;

(B)a commercial business location where tobacco products are kept for sale or consumption or otherwise stored;

(C)a vehicle from which tobacco products are sold; or

(D)a vending machine from which tobacco products are sold.

(13-a)” Raw tobacco” means any part of the tobacco plant, including the tobacco leaf or stem, that is harvested from the ground and is not a tobacco product as the term is defined in this chapter.

(14)” Retailer” means a person who engages in the business of selling tobacco products to consumers and includes the owner of vending machine.

(15)” Tobacco product” means:

(A)a cigar;

(B)smoking tobacco, including granulated, plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking in a pipe or as a cigarette;

(C)chewing tobacco, including Caven dish, Twist, plug, scrap, and any kind of tobacco suitable for chewing;

(D)snuff or other preparations of pulverized tobacco; or

(E)an article or product that is made of tobacco or a tobacco substitute and that is not a cigarette or a new-cigarette as defined by Section 161.081, Health and Safety Code.

(16)” Wholesaler” means a person, including a manufacturer’s representative, who sells or distributes tobacco products in this state for resale but who is not a distributor.

Tex. Health & Safety Code u00a7 161.083 Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger than 30 Years of Age

(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.

(b) A retailer shall adequately supervise and train the retailer’sagentsandemployeestopreventaviolationofSubsections(a).

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

(d)Not withstanding any other provision of law, a violation of this section is not a violation of this sub chapter for purposes of Section 154.1142 or 155.0592, tax code.

Tex. Penal Code u00a7 48.01. Smoking Tobacco

(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.

El Paso, Tex. u00a7 9.50.030 - Prohibition of smoking in public places.

A. Smoking shall be prohibited in all enclosed areas of public places within the city, and within twenty feet of the entrance of such places, including, but not limited to, the following (except for certain outdoor areas specifically designated as smoking areas by city manager or designee for certain city facilities):

1. Elevators;

2. Restrooms, lobbies, reception areas, hallways and any other common-use areas;

3. Buses, semi-enclosed bus stops, bus terminals, taxicabs, shuttle vehicles, train stations, airports (except for certain outdoor areas specifically designated as smoking areas by the El Paso International Airport Director of Aviation) and other facilities and means of public transit under the authority of the city (except for city property to which the city has contractually released a leasehold interest), as well as ticket, boarding, and waiting areas of all transit depots;

4. Service lines;

5. Retail stores and shopping malls;

6. All enclosed areas in all businesses and nonprofit entities;

7. Food establishments, nightclubs and bars;

8. Galleries, libraries, museums and zoo facilities and grounds;

9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is part of a stage production;

10. Sports arenas, bowling facilities and convention facilities;

11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city, to the extent such place is subject to the jurisdiction of the city;

12. Health care facilities;

13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

14. Polling places;

15. Bingo venues;

16. Child care and adult day care facilities.

El Paso, Tex. u00a7 9.50.080 - Private and public places.

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private residences, except when used as a child care, adult day care or health care facility;

2. No more than twenty-five percent of hotel and motel rooms rented to guests;

3. Retail tobacco stores and smoking establishments in isolated or contained physical facilities with isolated venting and air controls; (this section is not effective until July 1, 2015)

4. Outdoor places of employment except those covered in Section 9.50.070

5. Outdoor areas designated as smoking areas by the city manager or designee for certain city facilities;

6. In the case of El Paso International Airport facilities, outdoor areas designated as smoking areas by the El Paso International Airport Director of Aviation.

Tex. Alc. Bev. Code u00a7 109.57. Application of Code; Other Jurisdictions

(a) Except as is expressly authorized by this code, a regulation, charter, or ordinance promulgated by a governmental entity of this state may not impose stricter standards on premises or businesses required to have a license or permit under this code than are imposed on similar premises or businesses that are not required to have such a license or permit.

(b) It is the intent of the legislature that this code shall exclusively govern the regulation of alcoholic beverages in this state, and that except as permitted by this code, a governmental entity of this state may not discriminate against a business holding a license or permit under this code.

(c) Neither this section nor Section 1.06 of this code affects the validity or invalidity of a zoning regulation that was formally enacted before June 11, 1987, and that is otherwise valid, or any amendment to such a regulation enacted after June 11, 1987, if the amendment lessens the restrictions on the licensee or permittee or does not impose additional restrictions on the licensee or permittee. For purposes of this subsection, “zoning regulation” means any charter provision, rule, regulation, or other enactment governing the location and use of buildings, other structures, and land.

(d) This section does not affect the authority of a governmental entity to regulate, in a manner as otherwise permitted by law, the location of:

(1) a massage parlor, nude modeling studio, or other sexually oriented business;

(2) an establishment that derives 75 percent or more of the establishment’s gross revenue from the on-premise sale of alcoholic beverages; or

(3) an establishment that:

(A) derives 50 percent or more of the establishment’s gross revenue from the on-premise sale of alcoholic beverages; and

(B) is located in a municipality or county, any portion of which is located not more than 50 miles from an international border.

(e) A municipality located in a county that has a population of 2.2 million or more and that is adjacent to a county with a population of more than 600,000 or a municipality located in a county with a population of 600,000 or more and that is adjacent to a county with a population of 2.2 million or more may regulate, in a maer not otherwise prohibited by law, the location of an establishment issued a permit under Chapter 32 or 33 if:

(1) the establishment derives 35 percent or more of the establishment’s gross revenue from the on-premises sale or service of alcoholic beverages and the premises of the establishment are located in a dry area; and

(2) the permit is not issued to a fraternal or veterans organization or the holder of a food and beverage certificate.

Tex. Alc. Bev. Code u00a7 109.32. Municipal and County Regulation of Beer

(a) An incorporated city or town by charter or ordinance may:

(1) prohibit the sale of beer in a residential area; and

(2) regulate the sale of beer and prescribe the hours when it may be sold, except the city or town may not permit the sale of beer when its sale is prohibited by this code.

(b) In a county that has only one incorporated city or town that has a majority of the population of the county, according to the most recent federal census, and where the city or town has shortened the hours of sale for beer on Sundays by a valid charter amendment or ordinance before January 1, 1957, the commissioners court may enter an order prohibiting the sale of beer on Sundays during the hours it is prohibited in the city or town. The order may apply to all or part of the area of the county located outside the city or town. The commissioners court may not adopt the order unless it first publishes notice for four consecutive weeks in a newspaper of general circulation in the county published in the county or a nearby county.

(c) In exercising the authority granted by this section, the city, town, or county may distinguish between retailers selling beer for on-premises consumption and retailers, manufacturers, or distributors who do not sell beer for on-premises consumption.

Tex. Alc. Bev. Code u00a7 61.01. License Required

No person may manufacture or brew beer for the purpose of sale, import it into this state, distribute or sell it, or possess it for the purpose of sale without having first obtained an appropriate license or permit as provided in this code. Each licensee shall display his license at all times in a conspicuous place at the licensed place of business.

25 Tex. Admin. Code u00a7 228.251. Report of Findings.

(a) Documenting information and observations. The regulatory authority shall document on an inspection report form:

(1) administrative information about the food establishment’s legal identity, street and mailing addresses, inspection date, and other information such as type of water supply and sewage disposal, status of the permit, and persoel certificates that may be required; and

(2) specific factual observations of violative conditions or other deviations from this chapter that require correction by the permit holder including:

(A) failure of the person in charge to demonstrate knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this chapter specified in §228.32 of this title;

(B) failure of food employees, conditional employees, and the person in charge to report a disease or medical condition as specified in §228.35(b) and (d) of this title;

(C) nonconformance with critical/priority items or priority foundation items of this chapter;

(D) failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the regulatory authority as specified in §228.243(c) of this title;

(E) failure of the person in charge to provide records required by the regulatory authority for determining conformance with a HACCP plan as specified in §228.244(d)(4)(F) of this title; and

(F) nonconformance with critical limits of a HACCP plan; and

(3) a summary of the inspectional findings that totals weighted demerit values for the inspection items.

(b) Specifying time frame for corrections. The regulatory authority shall specify on the inspection report form the time frame for correction of the violations as specified in §228.252, §228.253(a) and §228.254(a) of this title.

(c) Issuing report and obtaining acknowledgment of receipt. At the conclusion of the inspection and according to law, the regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt.

(d) Refusal to sign acknowledgment. The regulatory authority shall:

(1) inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in subsection (c) of this section that:

(A) an acknowledgment of receipt is not an agreement with findings;

(B) refusal to sign an acknowledgment of receipt will not affect the permit holder’s obligation to correct the violations noted in the inspection report within the time frames specified; and

(C) a refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the regulatory authority’s historical record for the food establishment; and

(2) make a final request that the person in charge sign an acknowledgment receipt of inspectional findings.

(e) Public information. Except as specified in §228.245 of this title, the regulatory authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law.

(f) Inspection reports. For the purposes of Health and Safety Code, Chapter 437, the department adopts the Retail Food Establishment Inspection Report form as specified in the following figure:

n 25 Tex. Admin. Code u00a7 228.251(f). Retail Food Establishment Inspection Report (Figure)

25 Tex. Admin. Code u00a7 228.248 Conditions of Retention, Responsibilities of the Permit Holder

Upon acceptance of the permit issued by the regulatory authority, the permit holder in order to retain the permit shall:

(1) post the permit in a location in the food establishment that is conspicuous to consumers;

(2) comply with the provisions of this chapter including the conditions of a granted variance as specified in §228.243(c) and §228.244(b) of this title;

(3) if a food establishment is required in §228.244(c) of this title to operate under a HACCP plan, comply with the plan as specified in §228.243(c) of this title;

(4) immediately contact the regulatory authority to report an illness of a food employee as specified in §228.35(2) of this title;

(5) immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified in §228.252(a) of this title;

(6) allow representatives of the regulatory authority access to the food establishment as specified in §228.250(b) of this title;

(7) replace existing facilities and equipment specified in §228.241 of this title with facilities and equipment that comply with this chapter if:

(A) the regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;

(B) the regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or

(C) the facilities and equipment are replaced in the normal course of operation;

(8) comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the permit holder’s food establishment or in response to community emergencies;

(9) accept notices issued and served by the regulatory authority according to law;

(10) be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and

(11) Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the regulatory authority.

25 Tex. Admin. Code u00a7 228.249. Inspection Frequency, Performance-based and Risk Based

(a) The regulatory authority shall inspect each food establishment at least once every six months.

(b) If the regulatory authority caot meet this inspection frequency, frequency shall be prioritized and uniformly applied throughout the jurisdiction based upon assessment of a food establishment’s history of compliance with this chapter and the potential for causing foodborne illness by evaluating:

Redact(1) past performance, for nonconformance with code or HACCP plan requirements that are priority items or priority foundation items;

(2) past performance, for numerous or repeat violations of code or HACCP plan requirements that are core items;

(3) past performance, for complaints investigated and found to be valid;

(4) the hazards associated with the particular foods that are prepared, stored, or served;

(5) the type of operation including the methods and extent of food storage, preparation, and service;

(6) the number of people served;

(7) whether the population served is a highly susceptible population; and

(8) any other risk factors deemed relevant to the operation by the regulatory authority.

(c) The regulatory authority should periodically inspect throughout its permit period a temporary food establishment that prepares, sells, or serves unpackaged time/temperature control for safety food and that:

(1) has improvised rather than permanent facilities or equipment for accomplishment functions such as handwashing, food preparation and protection, Food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or

(2) has inexperienced food employees.