| 1 | 1 | | 87R1895 SRA-F |
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| 2 | 2 | | By: Blanco S.B. No. 440 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prohibited distribution of flavored cigarettes, |
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| 8 | 8 | | e-cigarettes, and tobacco products; providing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter I to read as follows: |
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| 12 | 12 | | SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND |
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| 13 | 13 | | TOBACCO PRODUCTS |
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| 14 | 14 | | Sec. 161.095. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Cigarette" has the meaning assigned by Section |
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| 16 | 16 | | 154.001, Tax Code. |
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| 17 | 17 | | (2) "E-cigarette" has the meaning assigned by Section |
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| 18 | 18 | | 161.081. |
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| 19 | 19 | | (3) "Hookah" means a type of water pipe with a long |
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| 20 | 20 | | flexible tube for drawing aerosol through water and used to smoke |
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| 21 | 21 | | shisha tobacco products or other tobacco products. |
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| 22 | 22 | | (4) "Loose leaf tobacco" means cut or shredded pipe |
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| 23 | 23 | | tobacco that is usually sold in a pouch. The term does not include |
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| 24 | 24 | | tobacco product that, because of its appearance, type, packaging, |
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| 25 | 25 | | or labeling, is suitable for use and likely to be offered to or |
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| 26 | 26 | | purchased by a consumer as tobacco for making cigarettes. |
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| 27 | 27 | | (5) "Premium cigar" means any cigar that: |
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| 28 | 28 | | (A) is handmade; |
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| 29 | 29 | | (B) is capped by hand; |
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| 30 | 30 | | (C) is not mass produced by a machine; |
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| 31 | 31 | | (D) has a wrapper made entirely from whole leaf |
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| 32 | 32 | | tobacco; |
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| 33 | 33 | | (E) has a wholesale price of not less than $12; |
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| 34 | 34 | | and |
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| 35 | 35 | | (F) does not have a filter, tip, or nontobacco |
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| 36 | 36 | | mouthpiece. |
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| 37 | 37 | | (6) "Shisha tobacco product" means a tobacco product |
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| 38 | 38 | | smoked or intended to be smoked in a hookah. |
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| 39 | 39 | | (7) "Tobacco product" has the meaning assigned by |
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| 40 | 40 | | Section 155.001, Tax Code. |
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| 41 | 41 | | Sec. 161.096. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 42 | 42 | | does not apply to: |
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| 43 | 43 | | (1) a shisha tobacco product that imparts a |
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| 44 | 44 | | distinguishable taste or aroma other than the taste or aroma of |
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| 45 | 45 | | tobacco by a person who is engaged in the retail sale of shisha |
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| 46 | 46 | | tobacco products, hookahs, and hookah smoking accessories; |
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| 47 | 47 | | (2) a premium cigar; or |
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| 48 | 48 | | (3) loose leaf tobacco. |
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| 49 | 49 | | Sec. 161.097. PROHIBITED DISTRIBUTION OF FLAVORED |
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| 50 | 50 | | CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS. A person may not |
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| 51 | 51 | | sell, give, or cause to be sold or given a cigarette, e-cigarette, |
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| 52 | 52 | | or tobacco product with a distinguishable taste or aroma other than |
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| 53 | 53 | | the taste or aroma of tobacco, including the aroma or taste of: |
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| 54 | 54 | | (1) an alcoholic beverage; |
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| 55 | 55 | | (2) candy; |
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| 56 | 56 | | (3) chocolate or vanilla; |
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| 57 | 57 | | (4) fruit; |
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| 58 | 58 | | (5) an herb or spice; |
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| 59 | 59 | | (6) honey; |
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| 60 | 60 | | (7) menthol; or |
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| 61 | 61 | | (8) mint or wintergreen. |
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| 62 | 62 | | Sec. 161.098. CIVIL PENALTY. (a) A person who violates |
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| 63 | 63 | | Section 161.097 is liable to this state for a civil penalty of $250 |
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| 64 | 64 | | for each violation. |
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| 65 | 65 | | (b) The attorney general may sue to collect the penalty. |
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| 66 | 66 | | (c) The attorney general shall file an action under this |
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| 67 | 67 | | section in a district court in Travis County or the county in which |
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| 68 | 68 | | the violation occurred. |
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| 69 | 69 | | (d) The attorney general may recover reasonable expenses |
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| 70 | 70 | | incurred in obtaining a civil penalty under this section, including |
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| 71 | 71 | | court costs, reasonable attorney's fees, investigative costs, |
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| 72 | 72 | | witness fees, and deposition expenses. |
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| 73 | 73 | | SECTION 2. This Act takes effect September 1, 2021. |
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