By: Martinez, Gonzales, Gonzalez Toureilles, H.B. No. 90
Menendez, Leibowitz, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the sale of toy-like lighters in this state; imposing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 9, Health and Safety Code, is
amended by adding Chapter 797 to read as follows:
CHAPTER 797. SALE OF TOY-LIKE LIGHTERS PROHIBITED
Sec. 797.001. DEFINITION. In this chapter, "toy-like
lighter" means a mechanical or electrical device typically used for
lighting cigarettes, cigars, or pipes that resembles in physical
form or function articles designed or intended for play by children
under 10 years of age. The term includes lighters that resemble
cartoon characters, telephones, guns, watches, weapons, furniture,
sports equipment, tools, holiday decorations, musical instruments,
vehicles, or toy animals or play musical notes or have flashing
lights.
Sec. 797.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) a lighter that:
(A) was manufactured before January 1, 1980;
(B) does not contain fuel; and
(C) does not have a device necessary to produce
combustion or a flame;
(2) a mechanical or electrical device used primarily
to ignite fuel for a fireplace or a charcoal or gas grill; or
(3) a disposable or refillable lighter printed or
decorated with a logo, label, decal, artwork, or heat-shrinkable
sleeve or designed as a souvenir to resemble an icon of a
destination.
Sec. 797.003. SALE OR DISTRIBUTION OF TOY-LIKE LIGHTERS
PROHIBITED. A person may not sell or distribute for retail sale or
promotion in this state a toy-like lighter.
Sec. 797.004. TRANSPORTATION AND STORAGE PERMITTED. This
chapter does not prohibit the transportation of toy-like lighters
through this state or the storage of toy-like lighters in a
warehouse or distribution center closed to the public.
Sec. 797.005. ADMINISTRATION OF CHAPTER. The state fire
marshal may adopt rules to administer this chapter.
Sec. 797.006. OFFENSE. (a) A person commits an offense if
the person violates this chapter or a rule adopted under this
chapter.
(b) An offense under this chapter is a Class C misdemeanor.
SECTION 2. This Act takes effect September 1, 2009.