TX
Texas House Bill HB4481

Texas 2023 - 88th Regular

Texas House Bill HB4481

Filed
3/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

If enacted, HB 4481 would significantly affect the sale and distribution of e-cigarettes and alternative nicotine products in Texas. Retailers would be required to ensure that all products they offer for sale are included in the state's directory, and they face penalties if they sell prohibited items. The comptroller's office would also be tasked with maintaining this directory and enforcing compliance among manufacturers and retailers. This could lead to stricter oversight of the e-cigarette market, influencing both consumers' access and retailers' business practices.

Summary

House Bill 4481 focuses on the regulation of e-cigarettes and alternative nicotine products by creating a directory of products approved for sale in Texas. The bill mandates that manufacturers of these products annually certify compliance with set standards and pay specified fees. Additionally, it aims to restrict sales to individuals under the age of 21, further emphasizing the state's commitment to controlling youth access to nicotine products. The bill also introduces criminal offenses related to sales violations and imposes civil penalties for non-compliance.

Sentiment

The sentiment surrounding HB 4481 is mixed, with strong support from public health advocates who see the measure as a necessary step in reducing youth exposure to nicotine products. However, there are significant concerns from industry representatives who argue that the rigorous regulation could hamper their businesses and lead to job losses within this sector. Many stakeholders express a desire for balanced regulations that do not overreach while still protecting public health.

Contention

Notable points of contention include the financial burden placed on manufacturers who are required to pay annual certification fees, as well as the challenges faced by retailers who must adapt to comply with the new regulatory requirements. Opposition voices also highlight the potential negative impact on small businesses, particularly those that rely on the sale of such products. The debate encapsulates wider discussions on public health priorities versus economic considerations in the regulation of nicotine products.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 161. Public Health Provisions
    • Section: 081
    • Section: 082
    • Section: 083
    • Section: 084
    • Section: 085
    • Section: 086
    • Section: 087
    • Section: 088
    • Section: 0901
    • Section: New Section
    • Section: 081
    • Section: 082
    • Section: 083
    • Section: 084
    • Section: 085
    • Section: 086
    • Section: 087
    • Section: 088
    • Section: 0901
    • Section: New Section

Latest TX HB4481 Activity

View All Events: TX 2023 - 88th Regular HB4481

Companion Bills

TX SB2054

Identical 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.

Previously Filed As

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 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 HB81

Relating to regulation of the sale, distribution, possession, use, and advertising of nicotine products and cigarettes; authorizing a fee; creating offenses.

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 HB749

Relating to the distribution, possession, purchase, consumption, and receipt of cigarettes, e-cigarettes, and tobacco products; imposing a civil penalty.

TX HB1240

Sale of nicotine vapor product, alternative nicotine product, etc.; increases civil penalties.

TX HB170

Relating to regulation of the sale, distribution, possession, use, and advertising of e-cigarettes, cigarettes, and tobacco products; creating criminal offenses.

TX SB1618

Relating to certain nicotine products other than cigarettes or tobacco products, including the sale or marketing of nicotine products to minors, the possession or use of those nicotine products by minors, and to delivery sales of those nicotine products; creating an offense.

TX SB216

Relating to the regulation of, and taxes imposed on the sale or use of, cigarettes, tobacco products, and e-cigarettes; imposing taxes; requiring a permit; imposing a fee; providing administrative penalties.

Similar Bills

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 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 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 HB2085

Relating to the imposition of 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 SB1136

Relating to imposing 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 SB1581

Relating to state fiscal matters, and certain administrative and business matters, related to public and higher education.