| 1 | 1 | | 88R10784 SRA-D |
|---|
| 2 | 2 | | By: Shaheen H.B. No. 2118 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prohibiting the advertising of e-cigarettes in certain |
|---|
| 8 | 8 | | locations; imposing a fee. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. The heading to Subchapter K, Chapter 161, Health |
|---|
| 11 | 11 | | and Safety Code, is amended to read as follows: |
|---|
| 12 | 12 | | SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, E-CIGARETTE, OR |
|---|
| 13 | 13 | | TOBACCO PRODUCT ADVERTISING; FEE |
|---|
| 14 | 14 | | SECTION 2. Section 161.121, Health and Safety Code, is |
|---|
| 15 | 15 | | amended by adding Subdivision (2-a) to read as follows: |
|---|
| 16 | 16 | | (2-a) "E-cigarette" has the meaning assigned by |
|---|
| 17 | 17 | | Section 161.081. |
|---|
| 18 | 18 | | SECTION 3. Sections 161.122(a), (b), and (e), Health and |
|---|
| 19 | 19 | | Safety Code, are amended to read as follows: |
|---|
| 20 | 20 | | (a) Except as provided by this section, a sign containing an |
|---|
| 21 | 21 | | advertisement for cigarettes, e-cigarettes, or tobacco products |
|---|
| 22 | 22 | | may not be located closer than 1,000 feet to a church or school. |
|---|
| 23 | 23 | | (b) The measurement of the distance between the sign |
|---|
| 24 | 24 | | containing an advertisement for cigarettes, e-cigarettes, or |
|---|
| 25 | 25 | | tobacco products and an institution listed in Subsection (a) is |
|---|
| 26 | 26 | | from the nearest property line of the institution to a point on a |
|---|
| 27 | 27 | | street or highway closest to the sign, along street lines and in |
|---|
| 28 | 28 | | direct lines across intersections. |
|---|
| 29 | 29 | | (e) Subsection (a) does not apply to a sign containing an |
|---|
| 30 | 30 | | advertisement for cigarettes, e-cigarettes, or tobacco products |
|---|
| 31 | 31 | | that, before September 1, 1997, was located closer than 1,000 feet |
|---|
| 32 | 32 | | to a church or school but that was not located closer than 500 feet |
|---|
| 33 | 33 | | to the church or school. |
|---|
| 34 | 34 | | SECTION 4. Section 161.123(a), Health and Safety Code, is |
|---|
| 35 | 35 | | amended to read as follows: |
|---|
| 36 | 36 | | (a) A purchaser of advertising is liable for and shall remit |
|---|
| 37 | 37 | | to the comptroller a fee that is 10 percent of the gross sales price |
|---|
| 38 | 38 | | of any outdoor advertising of cigarettes, e-cigarettes, and tobacco |
|---|
| 39 | 39 | | products in this state. |
|---|
| 40 | 40 | | SECTION 5. This Act takes effect September 1, 2023. |
|---|