Bill Text: TX HB3842 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the prohibited sale of flavored cigarettes, e-cigarettes, and tobacco products and administrative penalties for the prohibited sales.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-23 - Referred to Public Health [HB3842 Detail]

Download: Texas-2021-HB3842-Introduced.html
  87R8517 SRA-D
 
  By: Coleman H.B. No. 3842
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibited sale of flavored cigarettes,
  e-cigarettes, and tobacco products and administrative penalties
  for the prohibited sales.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.081(1-a), Health and Safety Code, is
  amended to read as follows:
               (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 or a
  consumable liquid solution or other material aerosolized or
  vaporized during the use of an electronic cigarette or other device
  described by this subdivision, regardless of whether the liquid or
  other material contains nicotine.  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.
         SECTION 2.  Section 161.083(d), Health and Safety Code, is
  amended to read as follows:
         (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 [154.1142 or 155.0592, Tax Code].
         SECTION 3.  Subchapter H, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.0901 to read as follows:
         Sec. 161.0901.  DISCIPLINARY ACTION AGAINST CIGARETTE AND
  TOBACCO PRODUCTS RETAILERS. (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,
  Subchapter I, or Subchapter K.
         (b)  If the comptroller finds, after notice and an
  opportunity for a hearing as provided by Chapter 2001, Government
  Code, that a permit holder violated this subchapter, Subchapter I,
  or Subchapter K at a place of business for which a permit is issued,
  the comptroller may suspend the permit for that place of business
  and assess an administrative penalty as follows:
               (1)  for a permit holder who has not been found to have
  violated this subchapter, Subchapter I, or Subchapter K at that
  place of business during the 24-month period preceding the
  violation, the comptroller may impose on the permit holder a fine in
  an amount not to exceed $1,000;
               (2)  for a permit holder who has been found to have
  violated this subchapter, Subchapter I, or Subchapter K at that
  place of business once during the 24-month period preceding the
  violation, the comptroller may impose on the permit holder a fine in
  an amount not to exceed $2,000; and
               (3)  for a permit holder who has been found to have
  violated this subchapter, Subchapter I, or Subchapter K at that
  place of business at least twice during the 24-month period
  preceding the violation, the comptroller may:
                     (A)  impose on the permit holder 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), if the permit
  holder has been found to have violated this subchapter, Subchapter
  I, or Subchapter K on four or more previous and separate occasions
  at the same place of business during the 24-month period preceding
  the violation, the comptroller shall revoke the permit issued under
  Chapter 154 or 155, Tax Code, as applicable.  If the permit holder
  does not hold a permit under 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 but may not revoke the permit under Subsection (c)
  if the comptroller finds that:
               (1)  the employer has violated this subchapter,
  Subchapter I, or Subchapter K seven or fewer times at the place of
  business for which the permit is issued in the 48-month period
  preceding the violation in question;
               (2)  the employer requires its employees to attend a
  comptroller-approved seller training program;
               (3)  the employees successfully complete the
  comptroller-approved seller training program; and
               (4)  the employer has not directly or indirectly
  encouraged the employees to violate the law.
         (f)  The comptroller may adopt rules to implement this
  section.
         SECTION 4.  Chapter 161, Health and Safety Code, is amended
  by adding Subchapter I to read as follows:
  SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND TOBACCO
  PRODUCTS
         Sec. 161.095.  DEFINITIONS. In this subchapter:
               (1)  "Cigarette" has the meaning assigned by Section
  154.001, Tax Code.
               (2)  "E-cigarette" has the meaning assigned by Section
  161.081.
               (3)  "Tobacco product" has the meaning assigned by
  Section 155.001, Tax Code.
         Sec. 161.096.  SALE OF FLAVORED CIGARETTES, E-CIGARETTES, OR
  TOBACCO PRODUCTS PROHIBITED. (a) A person may not sell, give, or
  cause to be sold or given a cigarette, e-cigarette, or tobacco
  product with a distinguishable taste or aroma other than the taste
  or aroma of tobacco, including the aroma or taste of:
               (1)  an alcoholic beverage;
               (2)  candy or dessert;
               (3)  chocolate, cocoa, or vanilla;
               (4)  fruit;
               (5)  an herb or spice;
               (6)  honey;
               (7)  menthol; or
               (8)  mint or wintergreen.
         (b)  There is a rebuttable presumption that a cigarette,
  e-cigarette, or tobacco product has a distinguishable taste or
  aroma prohibited under Subsection (a) if a person:
               (1)  makes a public statement or claim that the
  cigarette, e-cigarette, or tobacco product imparts a taste or smell
  other than the taste or smell of tobacco;
               (2)  uses text or images on the labeling or packaging of
  the cigarette, e-cigarette, or tobacco product to indicate the
  product imparts a taste or smell other than the taste or smell of
  tobacco; or
               (3)  takes other action directed at consumers that
  would reasonably be expected to cause consumers to believe the
  cigarette, e-cigarette, or tobacco product imparts a taste or smell
  other than the taste or smell of tobacco.
         SECTION 5.  The following provisions of the Tax Code are
  repealed:
               (1)  Section 154.1142;
               (2)  Section 154.1143;
               (3)  Section 155.0592; and
               (4)  Section 155.0593.
         SECTION 6.  Section 161.0901, Health and Safety Code, as
  added by this Act, applies only to a violation that occurs on or
  after the effective date of this Act.  A violation that occurs
  before the effective date of this Act is governed by the law in
  effect on the date the violation occurred, and the former law is
  continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2021.
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