Bill Text: TX HB4758 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to a prohibition on certain e-cigarette products; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-17 - Effective on 1/1/24 [HB4758 Detail]
Download: Texas-2023-HB4758-Enrolled.html
H.B. No. 4758 |
|
||
relating to a prohibition on certain e-cigarette products; creating | ||
a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Protecting Children | ||
from Electronic Cigarette Advertising Act. | ||
SECTION 2. Subchapter H, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.0876 to read as follows: | ||
Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For | ||
purposes of this section, "e-cigarette product" includes any | ||
substance containing nicotine from any source that is intended for | ||
use in an e-cigarette. | ||
(b) A person commits an offense if the person markets, | ||
advertises, sells, or causes to be sold an e-cigarette product, if | ||
the product's container: | ||
(1) depicts a cartoon-like fictional character that | ||
mimics a character primarily aimed at entertaining minors; | ||
(2) imitates or mimics trademarks or trade dress of | ||
products that are or have been primarily marketed to minors; | ||
(3) includes a symbol that is primarily used to market | ||
products to minors; | ||
(4) includes an image of a celebrity; or | ||
(5) includes an image that resembles a food product, | ||
including candy or juice. | ||
(c) An offense under this section is a Class B misdemeanor. | ||
SECTION 3. This Act takes effect January 1, 2024. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4758 was passed by the House on May 6, | ||
2023, by the following vote: Yeas 113, Nays 21, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4758 on May 25, 2023, by the following vote: Yeas 123, Nays 18, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4758 was passed by the Senate, with | ||
amendments, on May 23, 2023, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |