Texas 2021 - 87th Regular

Texas House Bill HB3842 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8517 SRA-D
2	2	By: Coleman H.B. No. 3842
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibited sale of flavored cigarettes,
8	8	e-cigarettes, and tobacco products and administrative penalties
9	9	for the prohibited sales.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 161.081(1-a), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(1-a) "E-cigarette" means an electronic cigarette or
14	14	any other device that simulates smoking by using a mechanical
15	15	heating element, battery, or electronic circuit to deliver nicotine
16	16	or other substances to the individual inhaling from the device or a
17	17	consumable liquid solution or other material aerosolized or
18	18	vaporized during the use of an electronic cigarette or other device
19	19	described by this subdivision, regardless of whether the liquid or
20	20	other material contains nicotine. The term does not include a
21	21	prescription medical device unrelated to the cessation of smoking.
22	22	The term includes:
23	23	(A) a device described by this subdivision
24	24	regardless of whether the device is manufactured, distributed, or
25	25	sold as an e-cigarette, e-cigar, or e-pipe or under another product
26	26	name or description; and
27	27	(B) a component, part, or accessory for the
28	28	device, regardless of whether the component, part, or accessory is
29	29	sold separately from the device.
30	30	SECTION 2. Section 161.083(d), Health and Safety Code, is
31	31	amended to read as follows:
32	32	(d) Notwithstanding any other provision of law, a violation
33	33	of this section is not a violation of this subchapter for purposes
34	34	of Section 161.0901 [154.1142 or 155.0592, Tax Code].
35	35	SECTION 3. Subchapter H, Chapter 161, Health and Safety
36	36	Code, is amended by adding Section 161.0901 to read as follows:
37	37	Sec. 161.0901. DISCIPLINARY ACTION AGAINST CIGARETTE AND
38	38	TOBACCO PRODUCTS RETAILERS. (a) A retailer is subject to
39	39	disciplinary action as provided by this section if an agent or
40	40	employee of the retailer commits an offense under this subchapter,
41	41	Subchapter I, or Subchapter K.
42	42	(b) If the comptroller finds, after notice and an
43	43	opportunity for a hearing as provided by Chapter 2001, Government
44	44	Code, that a permit holder violated this subchapter, Subchapter I,
45	45	or Subchapter K at a place of business for which a permit is issued,
46	46	the comptroller may suspend the permit for that place of business
47	47	and assess an administrative penalty as follows:
48	48	(1) for a permit holder who has not been found to have
49	49	violated this subchapter, Subchapter I, or Subchapter K at that
50	50	place of business during the 24-month period preceding the
51	51	violation, the comptroller may impose on the permit holder a fine in
52	52	an amount not to exceed $1,000;
53	53	(2) for a permit holder who has been found to have
54	54	violated this subchapter, Subchapter I, or Subchapter K at that
55	55	place of business once during the 24-month period preceding the
56	56	violation, the comptroller may impose on the permit holder a fine in
57	57	an amount not to exceed $2,000; and
58	58	(3) for a permit holder who has been found to have
59	59	violated this subchapter, Subchapter I, or Subchapter K at that
60	60	place of business at least twice during the 24-month period
61	61	preceding the violation, the comptroller may:
62	62	(A) impose on the permit holder a fine in an
63	63	amount not to exceed $3,000; and
64	64	(B) suspend the permit for that place of business
65	65	for not more than five days.
66	66	(c) Except as provided by Subsection (e), if the permit
67	67	holder has been found to have violated this subchapter, Subchapter
68	68	I, or Subchapter K on four or more previous and separate occasions
69	69	at the same place of business during the 24-month period preceding
70	70	the violation, the comptroller shall revoke the permit issued under
71	71	Chapter 154 or 155, Tax Code, as applicable. If the permit holder
72	72	does not hold a permit under Chapter 154 or 155, Tax Code, the
73	73	comptroller shall revoke the permit issued under Section 151.201,
74	74	Tax Code.
75	75	(d) A permit holder whose permit has been revoked under this
76	76	section may not apply for a permit for the same place of business
77	77	before the expiration of six months after the effective date of the
78	78	revocation.
79	79	(e) For purposes of this section, the comptroller may
80	80	suspend a permit but may not revoke the permit under Subsection (c)
81	81	if the comptroller finds that:
82	82	(1) the employer has violated this subchapter,
83	83	Subchapter I, or Subchapter K seven or fewer times at the place of
84	84	business for which the permit is issued in the 48-month period
85	85	preceding the violation in question;
86	86	(2) the employer requires its employees to attend a
87	87	comptroller-approved seller training program;
88	88	(3) the employees successfully complete the
89	89	comptroller-approved seller training program; and
90	90	(4) the employer has not directly or indirectly
91	91	encouraged the employees to violate the law.
92	92	(f) The comptroller may adopt rules to implement this
93	93	section.
94	94	SECTION 4. Chapter 161, Health and Safety Code, is amended
95	95	by adding Subchapter I to read as follows:
96	96	SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND TOBACCO
97	97	PRODUCTS
98	98	Sec. 161.095. DEFINITIONS. In this subchapter:
99	99	(1) "Cigarette" has the meaning assigned by Section
100	100	154.001, Tax Code.
101	101	(2) "E-cigarette" has the meaning assigned by Section
102	102	161.081.
103	103	(3) "Tobacco product" has the meaning assigned by
104	104	Section 155.001, Tax Code.
105	105	Sec. 161.096. SALE OF FLAVORED CIGARETTES, E-CIGARETTES, OR
106	106	TOBACCO PRODUCTS PROHIBITED. (a) A person may not sell, give, or
107	107	cause to be sold or given a cigarette, e-cigarette, or tobacco
108	108	product with a distinguishable taste or aroma other than the taste
109	109	or aroma of tobacco, including the aroma or taste of:
110	110	(1) an alcoholic beverage;
111	111	(2) candy or dessert;
112	112	(3) chocolate, cocoa, or vanilla;
113	113	(4) fruit;
114	114	(5) an herb or spice;
115	115	(6) honey;
116	116	(7) menthol; or
117	117	(8) mint or wintergreen.
118	118	(b) There is a rebuttable presumption that a cigarette,
119	119	e-cigarette, or tobacco product has a distinguishable taste or
120	120	aroma prohibited under Subsection (a) if a person:
121	121	(1) makes a public statement or claim that the
122	122	cigarette, e-cigarette, or tobacco product imparts a taste or smell
123	123	other than the taste or smell of tobacco;
124	124	(2) uses text or images on the labeling or packaging of
125	125	the cigarette, e-cigarette, or tobacco product to indicate the
126	126	product imparts a taste or smell other than the taste or smell of
127	127	tobacco; or
128	128	(3) takes other action directed at consumers that
129	129	would reasonably be expected to cause consumers to believe the
130	130	cigarette, e-cigarette, or tobacco product imparts a taste or smell
131	131	other than the taste or smell of tobacco.
132	132	SECTION 5. The following provisions of the Tax Code are
133	133	repealed:
134	134	(1) Section 154.1142;
135	135	(2) Section 154.1143;
136	136	(3) Section 155.0592; and
137	137	(4) Section 155.0593.
138	138	SECTION 6. Section 161.0901, Health and Safety Code, as
139	139	added by this Act, applies only to a violation that occurs on or
140	140	after the effective date of this Act. A violation that occurs
141	141	before the effective date of this Act is governed by the law in
142	142	effect on the date the violation occurred, and the former law is
143	143	continued in effect for that purpose.
144	144	SECTION 7. This Act takes effect September 1, 2021.