Bill Text: TX SB920 | 2023-2024 | 88th 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 - Dead) 2023-03-03 - Referred to State Affairs [SB920 Detail]
Download: Texas-2023-SB920-Introduced.html
By: Alvarado | S.B. No. 920 | |
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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 161.0901, Health and Safety Code, is | ||
amended to read as follows: | ||
(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 has 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 administratively assess a fine as follows: | ||
(1) for the first violation of this subchapter, | ||
Subchapter I, or Subchapter K 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, | ||
Subchapter I, or Subchapter K 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, | ||
Subchapter I, or Subchapter K 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, Subchapter I, or | ||
Subchapter K 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. | ||
(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, | ||
Subchapter I, or Subchapter K more than seven times at the place of | ||
business in the 48-month period preceding the violation in | ||
question; | ||
SECTION 3. 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 4. Section 161.0901, Health and Safety Code, as | ||
amended 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 5. This Act takes effect September 1, 2023. |