Texas 2023 - 88th Regular

Texas House Bill HB4772

Filed
3/10/23  
Out of House Committee
5/2/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to an excise tax on, and storage, reporting, and recordkeeping requirements for, certain nontobacco nicotine products; providing a civil penalty; imposing a tax.

Impact

The bill aims to amend existing tax regulations by introducing a comprehensive framework for the taxation of nontobacco nicotine products. Texas currently lacks a specific tax on e-cigarettes, a loophole that has allowed significant increases in their use, particularly among young people. By establishing these taxes, the legislation seeks to reduce access and appeal to youth, demonstrating a legislative response to the public health challenge posed by vaping. The implementation of this tax policy is expected to lead to changes in the retail landscape of nicotine products in Texas.

Summary

House Bill 4772 proposes an excise tax on various nontobacco nicotine products, including e-cigarettes and vape products. The legislation aims to address the growing concern regarding youth vaping and the associated health risks by imposing a tax structure on these products. The revenue generated from the tax is intended to support youth prevention tobacco cessation programs and contribute to property tax relief funds, reflecting a multifaceted approach to public health and fiscal policy.

Sentiment

There is considerable support for HB4772 from various stakeholders, including public health advocates and legislators concerned about youth health. Proponents argue that the bill is a necessary step in addressing the vaping epidemic among the youth and aligns with broader health initiatives. However, some opposition may arise from industry representatives and individuals concerned about increasing taxation on consumer products, fearing potential economic repercussions for businesses engaged in the sale of these items. This duality of support and opposition underscores the ongoing debate surrounding public health policies and economic interests.

Contention

A point of contention in HB4772 relates to how effectively the excise tax will address youth vaping rates. Critics may question whether taxation alone can mitigate the appeal of flavored e-cigarettes that attract younger consumers. Furthermore, there is the potential for backlash from retailers who may feel overburdened by new tax requirements, as well as from consumers facing higher prices. The successful implementation and enforcement of storage, reporting, and record-keeping mandates could also pose significant challenges, emphasizing the need for robust administrative support to aid compliance.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 147. E-cigarette Retailer Permits
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB4353

Relating to taxes on e-cigarettes and alternative nicotine products; imposing taxes; imposing reporting and recordkeeping requirements.

TX SB2308

Relating to taxes on e-cigarettes and alternative nicotine products; imposing taxes; imposing reporting and recordkeeping requirements.

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.

TX SB2054

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.

TX HB1036

Nicotine vapor products; localities by ordinance to impose a sales and use tax on products.

TX HF21

A bill for an act relating to nicotine solution products, including taxation of such products, making appropriations, and making penalties applicable.

TX HB1509

Nicotine vapor products; restrictions on sale of products containing liquid nicotine/hemp products.

TX HB3364

Relating to sales and use taxes on electronic nicotine delivery system vapor products; imposing taxes.

TX SB863

Applying excise tax to heated nicotine products

TX HB4013

Relating to sales and use taxes on e-cigarettes and vapor products; imposing taxes; providing an administrative penalty; authorizing the imposition of a fee.

Similar Bills

TX HB2085

Relating to the imposition of a fee on the sale of cigarettes and cigarette tobacco products manufactured by certain companies; providing penalties.

TX HB2453

Relating to imposing a fee on the sale of cigarettes and cigarette tobacco products manufactured by certain companies; providing penalties.

TX SB1136

Relating to imposing a fee on the sale of cigarettes and cigarette tobacco products manufactured by certain companies; providing penalties.

TX HB2548

Relating to the imposition of a fee on the sale of cigarettes and cigarette tobacco products manufactured by certain companies; providing penalties.

TX SB1698

Relating to the sale of certain e-cigarettes in this state and a directory of e-cigarette manufacturers and their products; authorizing fees; authorizing administrative and civil penalties; creating a criminal offense.

TX HB3772

Relating to the sale of certain e-cigarettes in this state and a directory of e-cigarette manufacturers and their products; authorizing fees; authorizing administrative and civil penalties; creating a criminal offense.

TX SB248

Relating to the sale of cigarettes, tobacco products, and e-cigarettes; requiring occupational permits; imposing fees; providing civil and administrative penalties; creating criminal offenses.

TX HB3536

Relating to imposing a fee on the sale of cigarettes and cigarette tobacco products manufactured by certain companies; providing penalties.