Texas 2021 - 87th Regular

Texas House Bill HB4233

Caption

Relating to prohibiting the use of e-cigarettes in certain bars, restaurants, and places of employment; creating criminal offenses.

Impact

Should HB 4233 be enacted, it would introduce new standards to the Health and Safety Code by establishing a clear framework for regulating e-cigarette use. Specifically, it preempts any local ordinances that may conflict with the state-level prohibitions, thereby promoting uniformity in enforcement across Texas. However, local regulations that are stricter than the state provisions will not be superseded. This complexity could lead to challenges in compliance and enforcement for local governments who may wish to enact even more stringent regulations.

Summary

House Bill 4233 aims to prohibit the use of e-cigarettes in specified public spaces, including bars, restaurants, and places of employment. This bill seeks to enhance public health by creating regulations that restrict e-cigarette use in environments where smoking is already heavily regulated. By introducing such restrictions, the bill addresses growing concerns surrounding the health impacts of e-cigarettes and their prevalence in social and professional settings. The intent is to provide a smoke-free atmosphere in establishments that serve food and alcohol, benefiting employees and patrons alike.

Contention

The bill has drawn attention for its potential implications on individual freedoms and local governance. Supporters may argue that public health should take precedence over personal choice, especially in places where individuals congregate. Critics, conversely, may express concerns regarding governmental overreach and the erosion of local authorities' ability to enact regulations that better fit the needs of their communities. Additionally, questions surrounding enforcement measures and penalties for violations could lead to further debate among legislators, business owners, and health advocates, as the penalties outlined in the bill impose Class C misdemeanors for noncompliance.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4129

Relating to prohibiting certain erotic performances; creating a criminal offense; authorizing a civil penalty.

TX HB4758

Relating to a prohibition on certain e-cigarette products; creating a criminal offense.

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX HB4481

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.