Texas House Bill HB3022

Texas 2023 - 88th Regular

• Filed: 2/28/23

Caption

Relating to prohibited delivery sales of e-cigarettes.

Impact

If passed, HB 3022 will amend the Health and Safety Code, adding a new section that specifically bans taking orders for e-cigarettes or delivering them via mail or other delivery services. This change reinforces the existing laws that prohibit the sale of tobacco products to minors, further enhancing measures to protect youth from potential health risks associated with e-cigarette usage. The bill explicitly emphasizes that any person found to be in violation of these new provisions will face consequences, including the forfeiture and destruction of non-compliant merchandise.

Summary

House Bill 3022 seeks to change the regulations surrounding the sale and delivery of e-cigarettes in Texas. Specifically, the bill prohibits the delivery sales of e-cigarettes directly to consumers. This legislative action is primarily motivated by public health concerns regarding the accessibility of e-cigarettes to minors. By restricting delivery sales, the bill aims to mitigate the risk of underage individuals acquiring e-cigarettes through online orders or deliveries, which have become increasingly common.

Sentiment

The sentiment around HB 3022 appears to lean towards strong support from public health advocates who argue that it is a necessary step in protecting children from the risks posed by e-cigarettes. Proponents of the bill view this regulation as an essential tool in preventing addiction and promoting a healthier future for the youth of Texas. However, there may be dissent from e-cigarette retailers who could argue the economic implications of such restrictions on their businesses, highlighting a potential contention point between public health and business interests.

Contention

Some notable points of contention regarding HB 3022 could include debates surrounding personal freedoms and individual rights to access e-cigarettes, especially for legal adult consumers who may want to order these products online. Critics may argue that rather than implementing banning measures, the focus should instead be on education and responsible sales practices. The bill's proponents will need to counter these arguments by providing evidence on the efficacy of such regulations in decreasing underage usage and promoting public health.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: New Section
  • Section: 452
  • Section: 456
  • Section: 461