ORDER N0.28655
TOBACCO GRANT FUNDING
Came to be heard this the 24th day of May 2004 with a motion made by Commissioner
Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote
of 4-0-0, the application for Tobacco Compliance Grant and authorize the County Judge
to sign.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriff's Office
MEETING DATE: May 24, 2004 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider, discuss and approve application for Tobacco Compliance Grant
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON
NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer
ESTIMATED LENGTH OF PRESENTATION: 2 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and
552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
May 24, 2004
TO: Kerr County Judge Pat Tinley and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Tobacco Compliance Grant
Consider, discuss and approve application for Tobacco Compliance Grant.
o~acco tonipJiance ~~rrants rur '~oca .~~~~~ti .Nntorcemenr. r~,enc~es 1'a~re .l of
Tobacco Compliance Grants
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for Local Law Enforcement Agencies
The Comptroller will make block. ;rants to counties and municipalities to be used by local
law enforcement agencies to enforce Subchapters H and N, Chapter 161, Texas Health and
Safety Code, concerning the sale and distributia-i of tobacco products to persons who are
younger than 18 years of age.
Grants range from $3,000 to $25,000, and must be used for compliance-related activities
such as "sting" operations; random, unannounced inspections; education programs; and
compliance reporting
http://www. cpa. state. tx.us/lga/tcg/leo/ 5/ 18/2004
°~'-~ TOI3A000 COMPLIANCE GRANT APPLICATION
FOR LOCAL LAW ENFORCEMENT AGENCIES
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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
FY 2005 Application Filing Deadline is May 21, 2004
PURPOSE OF GRANTAWARDS
The Comptroller will make block grants to counties and municipalities to be used by local law enforcement agencies to enforce Subchapters H and
N, Chapter 161, Texas Health and Safety Code in a manner that can reasonably be expected to reduce the extent to which cigarettes and tobacco
products are sold or distributed to persons who are younger than 18 years of age. At least annually, random unannounced inspections shall be
conducted to ensure compliance at various locations where cigarettes and tobacco products are sold or distributed. The Comptroller shall rely, to the
fullest extent possible, on sheriffs, constables, or chiefs of police or their employees to enforce this subchapter.
OBLIGATIONS FOR GRANTSAWARDED
The Comptroller's office shall enforce provisions of Health and Safety Code Ch. 161, in partnership with local law enforcement agencies. This shall
also ensure the state's compliance with Section 1926 of the federal Public Health Service Act (42 U.S.C. Section 300x-26) and implementation of any
regulations adopted by the United States Department of Health and Human Services.
AWARDAND GRANTACCEPTANCECONDITIONS
^ The Comptroller's office will notify applicants of final action on grant applications. Successful applicants under this program must comply with the
Uniform Grant Management Standards as promulgated by the Governor's office under Chapter 783, Government Code.
Each grantee must begin implementation of grant provisions within 30 days of the start date of the grant period. Failure to do so will be construed by
the Comptroller as the grantee's relinquishment of the grant award. Any exception to this rule will require review and written approval by the
Comptroller or Comptroller's designee.
Grantees are responsible for ensuring that they have obtained the appropriate approvals from their governing body (city council or county
commissioners' court) to accept the grant funds, if awarded. Approvals should be obtained by Aug. 10 to allow time to return the contract to us by
deadline.
Inspection reports are due on the 10th day of the month following each month in which compliance activities were pertormed.
Grant funds must be used exclusively for the following compliance activities:
• on-site compliance inspections of tobacco permitted retail outlets (e.g., grocery stores, convenience stores, gas
stations, mass merchandisers) that may result In the Issuance of citations using minors as decoys (i.e., stings);
• on-site compliance inspections that may result in the issuance of citations not using minors as decoys (i.e., violations for signs
not posted, lack of proper certification, direct access by minors to tobacco, and minor use or possession of tobacco products);
• compliance education for the community, retailers, and school-age children;
• monthlylquarterly activity reports to Comptroller or Comptroller's designee.
The Comptroller reserves the right to revoke a grant award if the recipient is not in compliance with these requirements.
Award amounts are determined by population size, number of tobacco retailers within the grantee's jurisdiction, and past performance if
your department had a grant in the past.
Applications may be mailed, hand delivered, or faxed.
The mailing address is: The hand delivery address is: The fax number is:
Texas STEP Texas STEP (512) 245-8066
1700A Ranch Road 12, Ste. 218 Canyon Hall, Room 108
San Marcos, TX 78666-2502 Texas State University
San Marcos, TX 78666-4610
RECONSIDERATION OF DENIAL OF GRANTAWARDS
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If the Comptroller rejects an application, the applicant will receive a letter explaining reasons for the rejection. An applicant may request reconsid-
eration in writing within 10 days of the notification of the rejection. After reconsideration, the Comptroller's decision regarding grant applications is final.
AP-190 (Rev2-04l70)
Form AP-190 (Back)(Rev 2-04110)
Please indicate if you are. County Sheriff ^ District Attorney
^ Municipal Chief of Police ^ Constable
^ Joint application
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Annual Grant Period: September i through Auausf 31.
For Cornptrotler use only.
GRANTAMOUNTAWARDED
COMPLIANCE ACTIVITIES TO BEGIN
Name of organization			Federal Employer Iderrtdication Number (FEIN )
	Kerr County Sheriff's Ufficc			746001494
Contact Title		Contact First Name		Contact Middle Initial		Contad Last Name
DARE Officer	Sherry		L		James
Mailing address			
		400 Clearwater Pasco	
Gty			Caxriy	5*ate
	Kerrville		Kerr	Texas
Zip Code		Telephone number		Fax number
78028
- - - -	-
- - - - -	( 830
- - -	) 896 - 1216
- - - - - - -		( 830 ) 257 - 7904
- - - - - - - - - -
emailaddress				Have you been a previous grant reripent~
				(Check one)
	kcsd~:ktc.com			Yes ~ No ^
NOTE: All plans detailed below must comply with the "Award and Grant Acceptance Conditions."
1. Department or Division responsible for your tobacco compliance program
DARE Ufficcr
(Name of contact and phone number, if different from above)
2. What is the approximate population within your jurisdiction? ..................................................................................................
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3. What is the approximate number of tobacco products retailers within your jurisdiction? .........................................................
4. If you have conducted any tobacco related enforcement actions in the last 12 months, please indicate:
Number of Number of Number of other
inspections violations related citations issued Other (specify)
Please answer questions 5 - 8 on separate sheets of paper.
5. List and detail enforcement actions you plan to take in support of Health and Safety Code Ch. 161.
40,000
66
6. List and detail prevention and compliance education actions you plan to take in support of Health and Safety Code Ch. 161.
7. Explain your community's overall plan for preventing youth access to tobacco products.
8. List any local community organizations or other agencies you will partner with to implement all strategies detailed above.
9. Have you obtained the appropriate approval from your governing body W11~ f~ ~~u4c3ftE'.I' CC
cit council or count commissioners' court to acce t this rant if awarded? [112t' S 4 ~y
( Y Y ) P 9 .............................................................. ^ Yes 1~0 No
10. If you are a current CPA grant recipient, what is Do you plan on expending these
your current available balance for this fiscal year? funds prior to August 31st? ...................... ^ Yes ^ No
Certification Section: To the best of my knowledge and belief, information in this application and any attachments is true and correct. The
document has been duly authorized by the applicant.
Typed Warne and title
sign
here
Date
For additional information or assistance, call 1-888-STEP-123.
c. DARE Graduation -presents skits and power point presentations of the
negative effects of tobacco and are attended by students, families and
friends reaching the community.
d. The Peer Assistance and Leadership (PALS) High School class -meets
with elementary students to teach the negative health effects of tobacco
use.
e. School Resource Officer -educates students and trains school educators of
the law regarding the prohibition of the sale and use of tobacco products
by minors.
f. Worthit campaign -just lay out the facts "serious law and real
consequences". Public education aimed at informing teens about the Texas
Tobacco Law and its consequences. Is it worth it to get caught buying or
using tobacco products?
g. Increase law enforcement and retailer education -restricts tobacco sales to
minors, and enforcement of minor in possession of tobacco products law
will provide the community with a comprehensive tobacco control effort.
7. Explain your community's overall plan for preventing youth access to tobacco
products.
a. The Kerr County Sheriff s Department will implement a plan to monitor
'~' retail sales locations throughout the county to assure they are compliant
with current regulations.
b. The Sheriff s Department will inspect locations to insure that the
appropriate warning notices are in place, make sure each retailer has
notified each employee of state laws regarding the sale of tobacco
products, method of access to tobacco products, retailers not giving away
free tobacco samples and coupons to anyone under 18, no display of
outdoor advertising located closer that 1,000 feet to a church or school, no
sales of cigarettes of less than 20 per package, and the possession and
display of tobacco permits.
c. Inspections will be conducted at least each quarter and monthly/quarterly
activity reports to Comptroller or Comptroller's designee.
d. Unannounced inspections will also be implemented as well as sting
operations to ascertain if the retailers are complying with current laws.
These inspections and sting operations will be conducted as prescribed by
the Health and Safety Code, Chapter 161.
e. Enforcing Minor in Possession of Tobacco infractions.
£ Compliance education for the community, retailers, school districts and
school age children.
g. Reducing the minor's access is the ultimate goal of applying the elements
of a model enforcement program.
8. List any local community organizations or other agencies you will partner with to
implement all strategies detailed above.
a. Texas Alcoholic Beverage Commission (TABC)
b. Hill Country Council on Alcohol and Drug Abuse
c. Texas Comptrollers Office (CID Officers)
d. School Districts
e. Rotary Club
£ Justice of the Peace
g. Prosecutors
h. Juvenile Probation Department
i. Texas Statewide Tobacco Education and Prevention Program (STEP)
j. Texas Commission on Alcohol and Drug Abuse (TCADA)
k. Center for Safe Communities and Schools