| 1 | 1 | | H.B. No. 4758 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to a prohibition on certain e-cigarette products; creating |
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| 6 | 6 | | a criminal offense. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. This Act may be cited as the Protecting Children |
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| 9 | 9 | | from Electronic Cigarette Advertising Act. |
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| 10 | 10 | | SECTION 2. Subchapter H, Chapter 161, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 161.0876 to read as follows: |
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| 12 | 12 | | Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For |
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| 13 | 13 | | purposes of this section, "e-cigarette product" includes any |
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| 14 | 14 | | substance containing nicotine from any source that is intended for |
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| 15 | 15 | | use in an e-cigarette. |
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| 16 | 16 | | (b) A person commits an offense if the person markets, |
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| 17 | 17 | | advertises, sells, or causes to be sold an e-cigarette product, if |
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| 18 | 18 | | the product's container: |
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| 19 | 19 | | (1) depicts a cartoon-like fictional character that |
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| 20 | 20 | | mimics a character primarily aimed at entertaining minors; |
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| 21 | 21 | | (2) imitates or mimics trademarks or trade dress of |
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| 22 | 22 | | products that are or have been primarily marketed to minors; |
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| 23 | 23 | | (3) includes a symbol that is primarily used to market |
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| 24 | 24 | | products to minors; |
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| 25 | 25 | | (4) includes an image of a celebrity; or |
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| 26 | 26 | | (5) includes an image that resembles a food product, |
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| 27 | 27 | | including candy or juice. |
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| 28 | 28 | | (c) An offense under this section is a Class B misdemeanor. |
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| 29 | 29 | | SECTION 3. This Act takes effect January 1, 2024. |
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| 30 | 30 | | ______________________________ ______________________________ |
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| 31 | 31 | | President of the Senate Speaker of the House |
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| 32 | 32 | | I certify that H.B. No. 4758 was passed by the House on May 6, |
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| 33 | 33 | | 2023, by the following vote: Yeas 113, Nays 21, 2 present, not |
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| 34 | 34 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 35 | 35 | | No. 4758 on May 25, 2023, by the following vote: Yeas 123, Nays 18, |
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| 36 | 36 | | 2 present, not voting. |
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| 37 | 37 | | ______________________________ |
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| 38 | 38 | | Chief Clerk of the House |
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| 39 | 39 | | I certify that H.B. No. 4758 was passed by the Senate, with |
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| 40 | 40 | | amendments, on May 23, 2023, by the following vote: Yeas 31, Nays |
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| 41 | 41 | | 0. |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Secretary of the Senate |
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| 44 | 44 | | APPROVED: __________________ |
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| 45 | 45 | | Date |
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| 46 | 46 | | __________________ |
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| 47 | 47 | | Governor |
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